senior citizen sunglasses

Seniors Got Swag

In the end, it’s not the years in your life that count.
It’s the life in your years.
” – Abraham Lincoln

It is important to live our lives to the fullest and to embrace all that life has to offer. This is true for any age at any time.

Tomorrow is National Senior Citizens Day. It’s a day to celebrate and appreciate senior citizens for all of their achievements throughout their lives. If you are a senior citizen, here are some ways you can celebrate and truly add, as Lincoln said, some “life in your years.”

1. Stay Connected!
Humans are social creatures. Maintaining social relationships is beneficial for your mental health, physical health, and cognitive function. Healthy, supportive relationships can help reduce your risk of Alzheimer’s disease, lower blood pressure, and help you cope with stress. Ways to stay connected:

      • Stay in touch with family and friends and plan visits often
      • Volunteer at a school or local library
      • Join a club or senior center with activities you enjoy

2. Shake a Tail Feather!
Get out and dance! Dancing is a great form of exercise, which has endless benefits for people of all ages. Exercising has added benefits for senior citizens too. Staying active can help improve healing, lower your risk for chronic diseases, increase your balance to prevent falls, and increase cognitive function. It’s never too late to start a regular exercise routine. How to Stay Active:

3. Enjoy the perks!
Who doesn’t love saving money? It’s time to bask in the splendor of senior discounts. Check out this list of restaurants that offer senior discounts and this list of retail stores that offer senior discounts. If you don’t see your favorite place on the list, give them a call and ask if they offer a discount.

4. Get cultured!
Dr. Phillips Center for the Performing Arts hosts over 300 shows per year including performances from the Orlando Ballet, musicians, comedians, and more. Enjoy the  symphony such as Miami Symphony Orchestra, JSO, or Orlando Philharmonic Orchestra. Museums such as The Orlando Museum of Art, MOCA, Cummer Museum, Mennello Museum, and The Charles Hosmer Morse Museum of American Art all offer senior discounts.

5. Adopt a Pet!
Animals come with a great deal of benefits for humans. Pets provide companionship which can help lower stress and increase social interaction and physical activity. The Pet Alliance of Greater Orlando offers a Seniors for Seniors program to match people with already trained animals for free.

6. See the World!
Vacations have been proven to have massive benefits for senior citizens, including reducing stress which in turn helps lower blood pressure and maintain emotional stability. Traveling can also help you stay physically active and broaden your horizons.

Staying active and connected to the world is so important for senior health. Healthy bodies and healthy minds are paramount for living your best life. Whether you are cutting the rug or jet setting across the globe, give yourself peace of mind that your loved ones are protected.

Are your ducks in a row? If you don’t already have a will or a proper plan in place for the handling and distribution of your estate, consider seeking the advice of an experienced estate planning attorney to discuss your options.

Contact Us Today for a consultation!

video conference

No Pants Required!

Remote Notarization Coming to Florida

If you enjoy working from home in the comfort of your pajamas, add notary service and real estate transactions to the list of tasks that can now be accomplished remotely, via video conference, without putting on your pants.

Florida has now joined many other states in allowing the user of remote online notarization (RON) transactions.  In June, Governor Ron DeSantis signed House Bill 409 into law, which will become effective January 1, 2020.

RON allows for the use of audio and video communication between a signer and a notary public for notarization of the signer’s signature on electronic documents.

Use of RON requires following all state notarial guidelines where the property is located.  Other specific guidelines include verification of identity, prescribed quality of the audio-visual recording, post-execution document records, and vendor security programs such as SSAE 16, SOC2, or ISO27001.  All parties must agree to RON, in writing, prior to to conducting the electronic transactions.

This law will significantly affect real estate transactions and closing attorneys but will also allow for remote execution of wills.  In a state such as Florida, with more than half the population over aged 40 and many Baby Boomers not having a written will, this new law is quite remarkable. 

Electronic notarization removes the in-person stumbling block and moves notary requirements into the digital age, keeping pace with technology.  With real estate transactions frequently conducted from afar, this removes the need for a power of attorney and mitigates the chance of lost or erroneous paperwork.

If you have questions regarding RON, consult a qualified attorney.

tug of war

Litigation Avoidance

An ounce of prevention is worth a pound of… attorney fees.

Litigation is costly in terms of both money, time, and reputation.  Even if a case never makes it to trial, there may be negotiations, mediation, or settlements.  The best offense is a good defense when it comes to avoiding litigation.

If you are a business owner, consider these tips to help avoid lawsuits:

  • Thorough review of contracts
  • Properly train employees
  • Provide regular management updates
  • Review ongoing projects
  • Ensure your company has a written risk management strategy and follows industry ‘best practices’
  • Learn from past mistakes
  • Stay abreast of technological advances and rules in your field—for example consider the frequency of changing HIPAA requirements for medical practices.
  • Stay in touch with your business’ counsel, and not just when a lawsuit may be imminent.

Individuals should consider:

  •  Who you do business with and the company’s reputation
  • The ‘Golden Rule’—do unto others, and act like you would like others to act
  • Act before a situation escalates
  • Put business agreements in a contract
  •  Read the contract!

If you do find yourself on the wrong side of a lawsuit, don’t go it alone—contact an experienced litigation attorney as soon as possible.

Call us at 904-236-5317 or contact us by email at office@boyerlawfirm.com

pinocchio, lies

Defamation: Should You Sue?

Sticks and Stones may break my bones… do words hurt?
Rumors are terrible. They can create unnecessary drama, but not only that, they can impact your reputation and business. In Florida, you can sue for libel, defamation or slander. There are facts to consider, however:

  1. If the statement is a true and provable fact
  2. The effect of the statement is injurious
  3. The victim is clearly identifiable
  4. There is publication to a third party
  5. There are measurable damages to the victim
  6. Veracity of the statements
  7. Intentional fault by the defamer

It’s not just individuals that can be defamed. Corporations, unincorporated associations and even partnerships can be defamed.

So, what’s the difference between libel, slander and defamation?

Defamation is the written or spoken word of someone that causes you to have a negative impression of someone’s reputation. Two types of defamation are:

  • Libel is a written or permanently recorded defamatory statement.
  • Not as permanent as libel, Slander is spoken defamation.

In Florida, actionable damages must be present to recover. Damages can mean any way your business has been negatively impacted. Loss of revenue? Inability to secure employees? Loss of vendors? These are examples of damages that can be calculated. Calling names may not be enough to qualify for actionable injury, but there are false allegations that can create defamation and result in an actionable case. The statements must be false, of malicious intent, must be published or spoken to a third party (someone who is not you or them), and you must show damages as a result.

Contact an experienced business law attorney to determine your rights and evaluate your case.

Emoji With ⚠️

Do emojis make you 🙂 or do they make you 🙁 ? Use emojis in text and email with caution, because a misinterpretation could land you in hot water.  If you unintentionally send a kissy face to a subordinate, is that sexual harassment?  If you send a gun emoji, is that a death threat? 

US courts have been experiencing a rise in the use of emojis as evidence. Courts used emojis as evidence 33 times in 2017. In the first half of 2019, that number has risen to almost 50.  As everyone from your toddler to your grandma becomes fluent in text speak, emojis are becoming an inescapable element of our techie vernacular. 

Currently there are no hard and fast rules of evidence for handling emojis in court cases.  Some judges toss them out all together; some judges describe the emoji (smiling pile of poo anyone)?  These emojis (along with written text messages) can be misinterpreted, explained away with “I was just joking” (or j/k), or laughed off—because an “LOL” makes everything better, right?  Depending on your cultural background, a seemingly harmless thumbs up could be offensive or vulgar.  Depending on your operating platform, an emoji appears different and not the innocent smiley you thought you were sending—most differences can be noted between Apple and Android devices. 

New emojis are released on a regular basis. Courts will soon need to interpret existing laws to meet this growing need.   Can you imagine our founding fathers’ reactions to an eggplant and a peach now being considered provocative?   At least via text they are… Although your teenager can most likely interpret a confusing emoji filled text message, contact a reputable attorney for assistance should an emoji make you 😱.

Call us today for a consultation!