Ossi Law Group, P.A. Staff Spotlight: Gwen Jones

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Gwendolyn “Gwen” Jones joined the Ossi Law Group, P.A. team in September of 2018 as a Legal Assistant for our real estate attorney Katie Knepper. She has 18 years in the legal field with 16.5 of those years focused on real estate. She graduated with honors from South Georgia Technical College, and received an AA in Accounting from Santa Fe College as an Honors Graduate and member of Phi Theta Kappa Honors Society. Currently Gwen is working towards her Bachelor’s degree in Accounting from Santa Fe College, and plans to attend the University of Florida to receive her Masters degree in Accounting. Originally from Arabi Georgia, Gwen and her husband of 23 years, Kelvin, have lived in Gainesville for 18 years and have one son, Kelvin Jr. (KJ), and a pomeranian name Bella. In her free time, she enjoys crafting, reading, watching movies and shopping.

What is the most real estate closing packages you've closed in one week? 

During the real estate boom, probably close to 20 or more.

What is your favorite part of doing real estate closings?

The work is repetitious to some degree, but because I like working with numbers, I enjoy putting together the closing statements.  When the transaction is not in balance, I enjoy analyzing all the numbers to see where corrections need to be made in order to balance. Also, buying and/or selling a home can be somewhat stressful for some, so I like communicating with all parties - realtors, lenders, buyers, and sellers - and assisting in making the closing experience as stress free as possible.

Favorite TV show?

Previously Scandal, but since it is no longer on the air, How to Get Away with Murder.

Are you involved in any charities or do any volunteer Work?

I am active in my church where we have several outreach programs, one of which is the visiting chef program at the Ronald McDonald House.  We have been doing it for about 6 years.  For a couple of years it was twice a month, but beginning in January of this year, we only do it once a month.

You can only watch three movies the rest of your life. What are they? 

Man on Fire, Life, and John Q

What did you want to be when you were little?

Elementary School Teacher

What is your favorite thing about working at Ossi Law Group, P.A.? (we had to ask!) 

The people and office culture - everyone is extremely nice, complimentary of one another and show their appreciation for fellow co-workers. There is a sense of family around the office - everyone is valued on a personal level; everything is not all "business".

Thanks for joining the team Gwen! Everyone at Ossi Law Group, P.A. is thrilled you are here!

New Location Starting January 2, 2018

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Ossi, Withers & Harrison, P.A. is excited to announce that we will be moving at the end of this year to our new offices located at:

5618 NW 43rd Street
Gainesville, Florida 32653

Our office will be closed from December 20th until January 2nd, and will reopen at our new location. Our new location is located in the Waterford Park office complex off of 43rd Street. 

Estate Planning for Traditional and Non-Traditional Family Situations

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Choosing who should inherit your wealth after you die can sometimes be an emotional process.  Many people come from families where their parents are divorced, or may be divorced themselves.  Not to mention that people often remarry someone that already has kids from a previous marriage, have children with their new spouse, or both.  How should you go about setting up your estate plan, and what kinds of things should you be thinking about when choosing who should get what, after you die?  A recent New York Times article (“How a Will Treating Children Differently Can Still Be Fair” by Paul Sullivan-see link below) examined how differing family situations can potentially be reasons to change your estate plan from treating all of your children equally to changing the proportionate share each child will receive when you die.  The article notes that even when parents try to treat children equally through their wills or trusts, they sometimes forget that other assets, such as retirement accounts or bank accounts that transfer on death to someone, will transfer to beneficiaries automatically.  Forgetting to take into account retirement accounts or other investment accounts can significantly alter the percentages of your estate that each of your children ultimately will receive.

Additionally, different states have different laws that govern who will receive your estate if you have children from a prior marriage and are married to a new spouse at the time of your death (if you die without an estate plan or forget to plan for some assets in your current estate plan).  While that is a somewhat common potential issue that clients may have, that is just one of many friction-causing situations between surviving family members that can be avoided by drafting a will or trust.  Avoiding potential conflicts between family members after your death is merely one of the many reasons to review your current estate plan with a skilled estate planning attorney.  

If you think that you need to have your estate plan reviewed, or need help setting up an estate plan, we have skilled attorneys who can assist you.  Whether it’s a relatively straightforward issue or an incredibly complicated one, we would love to sit down and figure out what we can do to help you have an estate plan that fits your goals.

 

Check out Paul Sullivan’s New Your Times Article Here: http://www.nytimes.com/2016/07/30/your-money/how-a-will-treating-children-differently-can-still-be-fair.html

Being Made Whole: Do You Have a Right to Recover Attorney’s Fees Incurred in Winning Your Case?

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As a litigator who handles disputes over property, money, inheritances, and business, I often encounter clients who come into my office with the mistaken belief that they will automatically recover their attorneys’ fees if they win their case. A common misconception of the law among non-lawyers is that the losing party has to pay the winning party’s attorneys’ fees.  Unfortunately, the right to recover attorneys’ fees is the exception and not the rule.  

Generally speaking, the winner can only recover attorneys’ fees if the right to recover fees is provided for by a statute or contract.   This can be difficult for clients to understand, as they often hear that the purpose of the civil courts is to make a wronged party “whole.” 

Now that you know that the recovery of attorneys’ fees is the exception and not the rule, how can you better protect yourself now and in the event of a dispute?  If you are a business owner or professional who provides goods or services, one way to be proactive in protecting yourself is to ensure that all of your contracts contain a prevailing party attorney provision.  The wording of these provisions is critical, as there are instances where the courts have found no right to recover fees despite the existence of contractual language that appears to provide for as much.  For example, courts have found that the contractual right to recover “legal costs” does not include the right to recover attorneys’ fees. 

If you are already in a dispute and are not certain whether you have the right to recover your attorneys’ fees if you win, we are glad to consult with you about your case.  There are many Florida and federal statutes that provide for the recovery of attorneys’ fees in myriad situations.  For example, there is a right to recover attorneys’ fees in consumer warranty claims under a federal statute even if the case is brought in state court, and a Florida statute allows for recovery attorneys’ fees arising from deceptive and unfair trade practices.  There are also Florida statutes which allow for attorneys’ fees to be recovered based on a party’s conduct in litigation, including as sanctions for bringing a frivolous claim or defense or for a party’s refusal to accept a reasonable settlement offer if the judgment obtained by the winner ultimately “beats” that offer by a certain amount.

One of the first things I discuss with my clients is whether they have the right to recover attorneys’ fees, as that can factor into the strategy of how to approach a case.  If a client does not have a contractual or statutory right to recover attorneys’ fees, we always need to consider whether the client is likely to spend more litigating a case than she stands to recover.  In this situation, it may not make sense for the client to “throw good money after bad.”  

Whether you are uncertain of your rights under your existing contracts (or worse yet, you are doing business without contracts) or you are in a dispute, we can help you determine and advocate for your rights.  Please contact us to set up a consultation.