Charles M. Baron

Offering top-notch legal services in South Florida for over 36 years.

• Land Use & Zoning
• Car Accidents
• Slip & Fall
• Police Misconduct/False Arrest
• General Civil

• Free Consultation
• Credit Cards Accepted
• Contingent Fees
  Contingent (percentage) fees offered in appropriate cases
• Rates, Retainers and Additional Information
  Free consultations for some types of cases; otherwise, reasonable consultation fees.

Florida

Since 1985

11th Circuit

Since 1989

University of Florida

J.D. (1984) | Law

1982 - 1984

University of Florida

B.A. (1981) | Political Science

1978 - 1981

Florida Dispute Resolution Center

Current

Association of South Florida Mediators and Arbitrators

Current

National Lawyers Guild

Current

Broward County Bar Association

Current

South Broward Bar Association

Current

Certified Circuit Civil Mediator

Florida Dispute Resolution Center

Qualified Arbitrator

Florida Supreme Court

Q. Can I sue my lawyer for misrepresentation in Florida?

February 27, 2025

A: Your inquiry is about a complex situation that is not possible to be definitively answered in an online forum. It sounds like your case was in Federal Court, which remanded it to State Court for the case to proceed there. Such remands could be either for technical reasons that don't interfere with any pled causes of action or due to dismissal of Federal law-based claims, leaving State law claims alive but which the Fed. judge declines to exercise jurisdiction over. If the latter occurs, appealing dismissal of Fed. law claims may be an option, but whether that option should be exercised depends on many different factors.

Also, it sounds like you think your lawyer committed malpractice by not filing an appeal that should have been filed. The first question there is whether the failure to file an appeal is something that falls below professional standards for representation in that type of case. Assuming the law permitted the filing of an appeal at the juncture at which you think it should have occurred, the question there is basically whether the basis for appeal is a very strong one, as most appeals result in affirmances (that is, the appealing party loses).

Secondly, there's no potential legal malpractice claim unless and until there is an occurrence of damage proximately caused by the lawyer's negligence. If there is still a possibility of you attaining 100% or more of your monetary goal in the case, then it would remain to be seen whether former counsel's negligence (if any) has damaged you - and in that event, you must continue to pursue your pending case, then determine at the end whether negligent acts/omissions of counsel prevented the outcome you were seeking. ... Read More

Q. Can Supreme Court justices be sued for creating a law granting presidential immunity?

February 27, 2025

A: Good question. I've been practicing law for 39 years and, like you, I'm very angry about the recent Supreme Court decision on Presidential immunity. However, the answer to your question is no. The Justices' decisions (by majority vote) on how to interpret the US Constitution and Statutes are the supreme law of the land, no matter how ridiculous or harmful their decisions may be. The concept of Presidential immunity (to an extent) is not new - there were prior S.Ct. decisions creating immunity as an interpretation of the Constitutional provisions on executive power and separation of powers. The Court's recent 6 to 3 decision expanded the extent of that immunity, but even then did NOT grant TOTAL immunity for any acts of the President - there is no immunity for "private acts", for example. However, as the dissenting Justices (who were appointed by Presidents Obama and Biden) pointed out, the majority's expansion of "official acts" immunity risks potential criminal conduct, not subject to prosecution, without sufficient justification to allow such harmful acts. If the Supreme Court, in the future, were to have a majority of the Justices appointed by Democratic Presidents, it could potentially reverse this egregious decision and narrow down the extent of Presidential immunity granted this time. ... Read More

Q. Liability for slip and fall in iced over rented commercial property in FL.

February 27, 2025

A: If there's FAULT on your part, liability could potentially lie with both you [your business] and the landlord. Whether there's any potential court-finding of fault is an issue that would take a close examination of the facts and circumstances.