Practice Areas

We provide legal advice and representation in the following areas:

• Participating Attorneys with Legal Helpers
  
  
• Bankruptcy As part of our business and commercial law practice, we represent individuals and commercial clients in bankruptcy proceedings. We represent both debtors and creditors in the following matters:
  • Chapter 7 liquidations
  • Chapter 11 and Chapter 13 reorganizations
  • Assignments for the benefit of creditors
  • Workouts and debt restructuring
  • Security interests
  • Formulation and confirmation of plans of reorganization and liquidation
  • Pre-packaged plans
  • Cram-down litigation
  • Litigation involving leases and contracts
  • Debtor-in-possession financing
  • Cash collateral stipulations
  • Asset sales
  • Valuation proceedings
  • Automatic stay litigation
  • Involuntary petitions
  • Bankruptcy appeals
  
  
  
• Bankruptcy Alternatives - Debtor / Creditor Litigation We represent debtors, creditors, and other interested parties in a wide range of contexts, including:
  • Collection litigation
  • Judgment enforcement
  • Workouts.

  Our attorneys take a practical approach to bankruptcy and creditor/debtor law, recognizing the cost and risk of litigation, and the significant value of a speedy resolution of disputes. We begin with a thorough review of the loan, sale, or lease transaction involved, analyzing credit and collateral risks, the possibility of counterclaims, defenses, and the likelihood of a timely and cost effective litigation remedy. Our attorneys then develop and implement a litigation strategy, while simultaneously pursuing reasonable negotiated settlements. We believe that our approach of pursuing both litigation and appropriate negotiation strategies, maximizes benefits to clients, while reducing both legal expense and litigation risks.

  
  
  
• Business and Commercial Litigation Whether building or acquiring facilities or equipment, contemplating business mergers or acquisitions, contracting for the purchase or sale of goods and services, developing policies, procedures, plans and agreements concerning employees and independent contractors, or simply attempting to comply with the constantly-growing array of rules, regulations, codes, ordinances, statutes and laws affecting businesses, we deliver solutions for our business and corporate clients. Our attorneys have litigated, arbitrated, and mediated a wide range of corporate, commercial, and other business disputes, including:
  • Breach of Contract
  • Construction Law
  • Breach of Fiduciary Duty
  • Fraud and Conversion
  • Mergers and Acquisitions
  • Professional Malpractice
  • Covenants Not To Compete
  • Trade Secrets
  • Defamation / Business Reputation
  • Mediation and Arbitration
  
  
  
• Business Organizations The form of entity selected for the conduct of a business greatly impacts the daily operations of the business and the income tax consequences to both the business and its owners. We assist clients with this step of business formation by reviewing the goals and individual facts present in each situation to recommend the best entity selecting from limited/general partnerships, limited liability companies, or corporations, and the different elections or options available under each. We advise our clients about:
  • Formation
  • Dissolution
  • Joint ventures, partnerships, and incorporations
  • Director and officer liability
  • Franchising
  • Reorganization
  • Divestitures
  • Business succession planning
  • Shareholders' rights
  
  
  
• Condominium and Timeshare Law Our lawyers represent regional, national, and international clients in the areas of:
  • Acquisition
  • Development
  • Financing
  • Management of planned communities, condominiums, timeshares and resort properties.

  We have provided a wide range of legal services in connection with the creation of some of the most successful and complex real estate projects in the Fort Walton Beach area. Our lawyers have experience in the documentation and registration of such projects pursuant to state and federal regulation.

  
  
  
• Construction Law-Our firm represents owners, contractors, construction managers, developers, design professionals, and suppliers in all aspects of the construction process, including:
  • Bidding and document preparation
  • Contract negotiation and formation
  • Contract performance disputes
  • Financing and warranty issues
  • Mechanic's liens
  • Materialmen liens
  • Mediation, arbitration, and Alternative Dispute Resolution (ADR)
  
  
  
• Estate Planning-Many people avoid proper estate planning because they do not like thinking about death. Estate Planning is generally considered the process by which people develop a plan that ensures that the assets they have worked so hard accumulating during their lifetime are protected and distributed to those they love. Without proper estate planning, the Internal Revenue Service (IRS) stands to inherit a large portion of your assets. Fortunately, it's not too late to write the IRS out of your will. We can help you implement a variety of advanced tax strategies to keep your assets out of the hands of the IRS. Our expertise includes:
  • Wills
  • Trusts
  • Guardianships
  • Conservatorships
  • Power of Attorney
  • Medical Power of Attorney
  • Designation of Guardian
  • Living Wills
  • Living Trusts
  • Life Insurance Trusts
  • Family Limited Partnerships
  • Educational Trusts
  • Charitable Trusts
  • Business Succession and Insurance Planning

  The attorneys at the Law Offices Of Richard H. Powell assist clients by determining their specific estate planning needs and coordinating the various estate planning tools to ensure that those needs are effectively met. Through this process, a client's mind is eased knowing that they have adequately planned for the future.

  
  
  
• Family Law and Divorce-Family law is an aspect of the legal profession that is, for obvious reasons, intensely personal. Clients involved in family law disputes need both personal and professional support through times that are highly emotional, but require calm and reasoned decision-making. The family law attorneys at the Law Offices Of Richard H. Powell have the ability and experience to handle all of your family law needs, from the detailed management of a complex marital property dispute to the sensitive advocacy needed in an emotionally charged child custody proceeding. We stress both litigation and Alternative Dispute Resolution (ADR) methods such as mediation in our family law practice, and represent clients in a full range of family law matters, including:
  • Divorce
  • Legal separation
  • Marital property
  • Child custody
  • Child support
  • Family owned businesses
  • Termination of parental rights
  • Premarital and prenuptial agreements
  • Postnuptial agreements
  • Alimony, maintenance, or spousal support
  • Mediation
  • Guardianships
  • Conservatorships
  • Temporary hearings
  • Contempt and enforcement proceedings
  • Paternity
  • Visitation and placement
  • Post-judgment modification
  
  
  
• Government Contracts-Our government contract lawyers represent business clients doing business with municipal, state, and federal government agencies. Those services include assisting clients in negotiating, performing, interpreting, litigating, and terminating defense, construction, and procurement contracts as well as defending against debarment. Our lawyers have experience in both traditional court and administrative proceedings and our work includes:
  • Contract disputes and litigation, especially technically complex claims
  • Preparation, presentation, negotiation and collection of claims
  • Transactions and negotiations with government entities
  • Terminations, bid protests, and contract close out
  • Procurement matters related to federal, state and local agency regulations
  • Assistance in creating conforming contract documentation systems
  • Bonding and suretyship matters
  • Assistance with project proposal and bid preparation for technical projects.
  • Organizing and assisting start-up technology companies, including the negotiation and preparation of complex team arrangements and joint ventures
  
  
  
• Litigation and Appeals In addition to the recognized skills of our attorneys at trial, we possess equal proficiency in Florida state and federal appellate court proceedings. We handle appeals with the same teamwork applied to our trial practice. Because every matter handled at the trial level may be appealed, our team provides litigation support and legal analysis on procedural and substantive issues that may arise during the course of representation. Our attorneys closely follow current developments in the law and evaluate the effects of those changes for our clients.
  
  
• Motor Vehicle Accidents-While motor vehicle accidents comprise a significant portion of personal injury and wrongful death claims, it would be wrong to think that they are always simple to resolve. We understand not just the "rules of the road" and the special duties imposed on commercial and public carriers, but also the complex scientific and engineering principles often necessary to unravel just how an accident occurred on the roadways of Florida and who, if anyone, was at fault. We understand the medicine needed to evaluate what complaints were and were not caused by an accident, as well as the economic and accounting principles needed to evaluate losses. We handle accidents cases involving:
  • Rear end collisions
  • Intersection accidents
  • Alcohol related crashes
  • Hit and run
  • Passenger injuries
  • Driver injuries
  • Motorcycle accidents
  • Semi-truck and tractor trailer crashes
  • Pedestrian accidents
  • Bicycle accidents

  Our attorneys are well trained in fairly evaluating cases so that our clients can anticipate and appreciate realistic outcomes. When cases can be resolved fairly for all, through mediation, arbitration, or other Alternative Dispute Resolution (ADR) methods, our attorneys can aid in achieving that result. When cases must be tried, our attorneys recognize that as well and can tap into their extensive experience in the courtroom. Whatever the practical or legal issues that arise out of a motor vehicle accident, our firm is prepared to address them in order to met and exceed client objectives and goals.

  
  
  
• Personal Injury / Wrongful Death Litigation We represent individuals and their families who have been seriously injured or killed as a result of the negligence, carelessness, or recklessness of others. Our firm handles all types of serious and catastrophic personal injury and wrongful death cases involving:· Joint, Spinal Cord, Neck, and Back Injuries · Traumatic Brain Injuries · Closed Head Injuries · Drug Overdose Injuries
  • Seizure Disorders
  • Fractures and Dislocations
  • Brain Damage, Burns, and Amputations
  • Other Severe, Permanent, and Crippling Injuries

  We have successfully handled injuries caused by the negligence, carelessness, and recklessness of others in cases such as:

  • Automobile Accidents
  • Motorcycle Accidents
  • Bicycle Accidents
  • Semi-Truck and Tractor Trailer Crashes
  • Pedestrian Accidents
  • Construction Accidents
  • Dangerous and Defective Products
  • Drugs and Medical Devices
  • Fires and Explosions
  • Medical Malpractice
  • Nursing Malpractice
  • Premises Liability

  Personal injuries not only cause physical pain, but often emotional and financial hardship through loss of work, medical bills, and stress placed upon families and loved ones. We often take our physical and mental well being for granted-until something goes wrong. When an accident happens lives are forever changed. Simple pleasures become chores. Daily routines are disrupted. Economic losses are often devastating. Whether caused by an automobile accident, a defective product, medical malpractice, or other negligent, careless, or reckless conduct, injuries alter lives forever. We take responsibility for effective, aggressive investigation and representation, allowing our injured clients to attend to health, family, and economic issues, while pursuing a variety of legal means to obtain just and fair results. We also never overlook the intrinsic value of peace of mind and always factor that into our cases.

  
  
  
• Real Estate Real estate developers, investors and lenders come to us for our business approach to transactions and understanding of their needs. They stay with us because of the reasonable fees that result from our size, location, and efficient staffing of real estate transactions and related litigation. We represent buyers and sellers in all phases of real estate development -- from feasibility, acquisition and zoning through financing, leasing and management -- and in all types of commercial and residential projects. We thoroughly immerse ourselves in the details of the business aspects of each deal. Our close working relationships with brokers, underwriters, government agencies, and construction professionals are valuable assets to clients. In all transactions, our goal is to enable the client to make the deal happen. Our clients include both sophisticated real estate players and relative newcomers, and we tailor our services accordingly. For experienced developers, we play an advisory role; with other clients, our experience helps guide them through the complexities of approvals, financing and operation. Our services include the full range of legal services needed in any real estate transaction:
  • Acquisition and disposition ofraw land and operating properties
  • Commercial and retail leasing on behalf of landlords and tenants
  • Construction and permanent financing
  • Condominium and common ownership associations and regimes
  • Zoning, land-use, and administrative processes
  • Construction and architectural agreements
  • Title insurance
  • Obtaining permits and zoning variances
  • Workouts of troubled real estate projects