PRACTICE AREAS
The Brett Law
Firm brings a wide-range of experience to a number of legal
fields. It believes in both a deep understanding of the law,
coupled with strong legal research and writing, and alongside capable
oral advocacy. The experience of the firm is addressing legal
matters is notable, and includes the following matters:
Appellate Practice
Obviously, trial courts and lower appellate courts
make a number of decisions with real impact on real cases involving
real lives. Some times these same courts make poor
decisions. These poor decisions could made for a number of
reasons – including a misinterpretation of the law;
misunderstanding of the law as applied to the facts; or even perhaps
the politics of a particular matter. On the other side, there are
occasions where good decisions from courts need to be preserved.
The Brett Law Firm possesses intensive experience on
the filing and arguing of appeals. The firm has handled appeals
in both the civil and criminal arenas on a number of often complex
issues. Alongside rigorous research skills, the Brett Law Firm
continues to seek innovative and sensible ways to craft appeals to make
the most impact – an impact designed to make the courts pay
attention to both the relevant legal issues and those issues intertwine
with the facts of the case. Bottom line: we understand that
a court’s decision has real life consequences to those ultimately
benefited or harmed by such decisions.
Civil Litigation
Civil litigation is never easy. Oftentimes, we
see a far more powerful party – often with the resources of
large, vested, corporate interests – attempting to overcome the
interests of the common man/woman. It is when the odds are
seemingly stacked against a party that strong and passionate legal
representation is the key.
The Brett Law Firm possesses long-standing
experience and skill in representing parties – often those
confronted by a more powerful opponent. The cases handled by the
firm run the range of civil litigation – from personal injury, to
complex economic litigation, to cases involving homeowners associations
and banks. Ultimately, the firm’s clients expect persistent
and intelligent representation – one geared toward achieving the
greatest range of success. And, of course, consistent with the
firm’s prime commitment, it attempts to provide the greatest,
most consistent degree of client communication and service.
Derek Brett has been featured on Voice of America,
as well as in the Orlando Sentinel for his recognized skill in
litigation strategy.
Civil Rights
- Due Process Matters
- Equal Protection Matters
- Class Action, Discrimination Matters
- Mental Health Advocacy/Baker Act Hearings
The Brett Law Firm possesses deep experience in
representing plaintiffs victimized by violations of civil rights.
The experience has involved going nose-to-nose against large, powerful
corporations on matters involving race, ethnic, gender and disabilities
discrimination. Derek Brett has represented people both
individually and in class actions against large corporations including,
but not limited to, Cracker Barrel, Amtrak, Cooker, and Baltimore Gas
& Electric. He has also represented individuals unjustly
targeted by government agencies, including the Florida Department of
Corrections.
The firm understands the importance of vindicating
the civil rights protected by the Fourteenth Amendment of the
Constitution, and by several federal Civil Rights laws. The firm
also understands the difficult situations experienced by those
victimized by those perpetrating violations of fundamental
rights. The firm prides itself on its ability to tackle complex
issues; wade through the often intricate waters of state and federal
courts; and to understand and protect its clients’ interests.
These same ideals are further concentrated in the
firm’s nuanced approached to clients confronting the possibility
of involuntary mental health commitment. Derek Brett has studied
in detail mental health issues. He has combined this knowledge
with a steadfast approach to his representation of people facing
Florida’s Baker Act. Involuntary commitment comes with
far-reaching consequences, as the individual – even if ultimately
released from civil custody – is also facing a long-term loss of
rights, including the right to vote. Too often, people similarly
situated are deprived of competent and knowledgeable legal
counsel. Derek Brett has dedicated himself to representing those
without a voice. Indeed, civil rights issues consistently raise deep
and emotional responses requiring representation that successfully
blends experience with understanding.
Constitutional
- First Amendment Litigation
- Free Speech/Petition/Assembly Matters
- Free Exercise of Religion
- Church-State Separation
- Free Press Matters
- Fourteenth Amendment Litigation
For the past several years, Derek Brett has
concentrated much of his expertise in advocating for his clients’
constitutional rights. Backed by his experience – since
2003 – as a professor of constitutional law, Brett has waged
several battles versus state and federal government efforts to deprive
individuals of these precious rights. The fights have always
proven challenging and vigorous.
Many of Derek Brett’s clients have confronted
prosecution by governmental agents, attempting to restrain the right to
Free Speech – the right to protest, the right to expressive,
artistic and literary speech, and the right to petition the government
to redress grievances. Clients have ranged from an Internet
author, to a topless protestor, to filmmakers. Even in our free
society, the rights of individuals to express themselves freely must be
carefully safeguarded. The Brett Law Firm is well-versed on the
issues, and dedicated to ensuring that its clients’ rights will
be vindicated.
Derek Brett’s skills in this arena are
well-known, and he has often been called upon to address constitutional
issues on both the national and local levels. This includes, but
is not limited to, his nationally-televised debate on the Fox News
Channel’s The O’Reilly Factor, against now-former
Congressman Mark Foley on the constitutionality of proposed child
sexual offender legislation.
Criminal
- Federal & State Offenses
- Complex Felony Offenses
- Sex Offenses
- HomicidesDrug-Related Offenses
- Child Abuse & Neglect
- Child Pornography
- Obscenity-Related Offenses
- Theft-Related Offenses
- Post-Conviction/Habeas Corpus
The Brett Law Firm prides itself on its
understanding of both the federal and state criminal systems. It
is not enough to be ready to fight – rather, a law firm must be
prepared to fight intelligently and shrewdly. Being charged with
any criminal offense is, naturally, a stressful situation. Too
often, the innocent are ensnared within the criminal process. A
strong criminal defense is the only thing separating defendants from
the potential, long-term loss of liberty and rights.
The Government is required to prove its case –
beyond and to the exclusion of every reasonable doubt. Further,
everyone charged with an offense is presumed innocent. Yet, it is
not easy to maintain the ability to successfully maintain one’s
innocence and to successfully persevere against a system that can, at
times, prove unsympathetic to a charged person’s constitutional
rights. This is when it is critical for a defendant to have
alongside him or her qualified, diligent representation.
The motto of criminal defense lawyers around the
country is “you do not stand alone.” The Brett Law
Firm takes this creed to heart. Its representation of countless
clients charged with a wide spectrum of crimes leaves it well-equipped
to stage a vigorous defense – one aimed at both assisting clients
from avoiding trial through the filing of motions designed to challenge
the actions of the Government and police and then, if necessary,
bringing cases before a jury.
Derek Brett’s practice experience also
provides him with a deep understanding of both mental health and
substance abuse issues. Aside from his experiences in handling
matters addressing the Florida Baker Act (see Civil Rights section),
Derek has dedicated himself to a deeper and more nuanced understanding
of mental health issues. In the realm of criminal defense, these
issues often materialize into questions regarding a defendant’s
competency or sanity. Further, an understanding of these issues
has assisted clients by allowing Derek to argue the necessity of
reduced charges or sentences as a direct result of some form of
diagnosed mental health condition.
On the issue of drug/substance abuse, Derek was
pivotal in the formulation of Broward County’s Drug Court –
the third of its kind in the country. Back in 1993, alongside
Circuit Judge Robert J. Fogan, Derek drafted the first administrative
order for the Drug Court. Also, Derek stood alongside Judge Fogan
in an effort to constructively and humanely address people charged with
drug offenses – favoring rehabilitation over prison.
Rehabilitation has proven much more successful than imprisonment, with
both lower costs to the taxpayer, as well as greater rates of success
in having victims of drug abuse and dependency ‘kick the
habit’ and integrate successfully back into society. Derek
has developed a serious and long-standing commitment to these issues
and to individuals mired in drug abuse – an abuse link to
approximately 90% of all crimes. Further, Derek Brett has regularly
served as a commentator on criminal defense issues including, but not
limited to, the Fox News Channel and local news networks on the defense
of those charged sex crimes.
Election, Campaign &
Political
- Voting Rights
- Election Protection
- Election Challenges
- Political Consulting
- Campaign Management
Derek Brett has devoted himself and his firm’s
resources to the zealous advocacy of voting rights. Since 2004,
Brett has focused upon ensuring the rights of voters to the fundamental
right of casting their ballot for the candidate of their choice.
Too often in this era, voters and candidates have been confronted with
efforts to limit the right to vote and efforts to deprive the majority
with the candidate(s) of their choice.
The protection of voters, candidates and elections
requires a knowledgeable and determined advocate. The Brett Law
Firm stands ready as this advocate. Derek Brett’s success
on this matter includes representation of national, state and local
candidates. It also involves successful representation of a
candidate during a recount – a recount that ultimately brought
Brett’s client from initial defeat to ultimate victory.
Brett’s skills have also involved the
representation of constitutional ballot campaigns, and
campaign/political consulting. Brett feels a deep sense of
humility from having been able to represent candidates and
organizations in their respective efforts to positively change the
political system.
Brett is also gratified by his recognition as a
voting rights advocate. In 2009, Brett was recognized by three
separate minority caucus organizations for his voting rights advocacy
skills. These skills have also resulted in Brett being
interviewed by local and regional media regarding election and voter
protection matters.
Internet
- Website Review
- Transactional Document/Website Terms
- Legal Advice & Protection from Government Scrutiny
- Copyright & Trademark
- Online Entertainment Representation
- Online Gaming Representation
The Internet has exposed Americans to world news,
electronic commerce and to an incredible and brave new world of free
expression. We have been able to better grasp our role in the
world – whether it involves texting from Iran, or tragic natural
disasters, or even magnificent new talents, due to the advancement of
Internet technology.
The Brett Law Firm has prepared itself for the
challenges of this 21st Century wonder. Derek Brett has
represented several websites on both the development of
contractual/website agreements and terms, as well as represented these
websites in matters involving defense against governmental regulation
and lawsuits.
Brett’s former clientele have often included
companies within the online gaming and online, adult entertainment
industries. The degree of governmental regulation over such
companies is, often, stringent and requires legal counsel prepared to
learn, understand and explain the potential pitfalls involved in
successfully running an online company that avoids confrontations with
government agencies.
The Brett Law Firm is dedicated to providing strong
consulting services. It stands ready to utilize its extensive
experience to craft website documents (including privacy policies,
terms and conditions, affiliate agreements and modeling agreements), in
an effort to minimize its clients’ exposure to any form of
government scrutiny. Moreover, it also stands ready to diligently
defend its clients in the event that the client finds itself a target
of Government.
Derek Brett has regularly appeared on and in both
national and local media outlets to comment upon the regulation of
Internet enterprises.
Labor & Employment
- Wage & Hour Claims
- Unlawful Termination
- Union Representation
- Police Representation
Unions have proven, over the past 120 years, to be
critical to establishing and maintain workers’ rights and
wages. Coming from a union background of teachers and factory
workers, Derek Brett has distinguished himself through his demonstrated
dedication to workers rights through his representation of union
members against management. Derek has involved himself deeply in
collective bargaining negotiations and whistleblower protections.
Often, this has resulted in vigorous efforts before
administrative bodies and investigating agencies. Most notably,
Derek Brett has represented law enforcement officers during agency
administrative investigations; criminal investigations through the
Florida Department of Law Enforcement; and any potential criminal
prosecution of police officers. Derek is well-versed in the
protections found under the Law Enforcement Officers’ Bill of
Rights, as codified under Florida law.
Beyond union representation, the Brett Law Firm
possesses a decade-long of experience in advocacy for all workers under
federal wage and hour laws – including the Fair Labor Standards
Act (FLSA). Brett has participated in a number of actions
challenging the efforts of large corporations to exploit its workers
and deprive them of their guaranteed wages. These cases have
proven both challenging and demanding. Yet, workers are too-often
left at the mercy of employers. The Brett Law Firm believes that
the balance of power needs to be evened out in an effort to vindicate
the interests of those responsible for the prosperity and health of
this Nation and its economy.
Marital & Family
- Child Custody
- Child Support
- Dissolution of Marriage/Divorce
- Visitation
- DCF Challenges
Arguably, there is no more emotional and
heart-wrenching an area of law than those involving families. The
termination of a marriage is too often one fraught with heartache and
disillusionment. After all, marriages do not begin with the
notion that there is potential for breakup. The hopes and dreams
of both partners are aimed at a lifelong union. Sadly, nearly
half of all such unions end in divorce. And – in many cases
– these divorces involve issues relating to children.
Both parties to a divorce possess determined
feelings on the division of marital property, and certainly on issues
relating to child custody, child support and child visitation. It
is the duty of attorneys to adequately and effectively enforce the
needs and rights of their clients and, in doing so, vindicate the best
interests of the child(ren).
Marital and family issues are simply not easy.
That is why the Brett Law Firm is dedicated to providing outspoken and
vigorous representation. Whether dealing with the Department of
Children & Families (DCF), or with a judge, or with opposing
counsel, the needs and rights of the client cannot be permitted to
falter. Unfortunately, the system has proven altogether
dysfunctional – the Brett Law Firm believes that its fight for
its clients’ and their children must be persistent and principled
enough to overcome such dysfunctionality.
Tax
- Tax Representation Before IRS
- Tax Evasion Matters
The Brett Law Firm is pleased to provide
representation of taxpayers before the IRS. The focus of this
area of the firm’s practice is in vindicating the rights –
under the Taxpayer Bill of Right (“TBOR”) – of those
targeted by the IRS. The firm, through its attorney and
cooperating tax experts, is poised to ensure that taxpayers –
whether before the IRS’ auditing, collections or appellate
divisions – are provided with the representation required to
withstand the collective force of this powerful federal agency.
The defense of taxpayers requires diligence, knowledge and sensibility.
In this day and age, there is likely nothing more
frustrating and psychologically draining about our Government than
having to confront the potential for tax liability. Generally
speaking, the IRS possesses an unfortunate, default perception of the
taxpayers it contacts for audit and/or collection as being presumed
guilty of attempting to cheat the Government on taxes. In turn,
taxpayers are normally ill-equipped to address the challenges of making
the IRS listen and understand.
The IRS can have a positive function within this
society; however, its efforts need to be refocused toward recognizing
when taxpayers are unwitting or innocent victims of the system.
The Brett Law Firm stands prepared to engage the IRS in order to
maximize the chances of its clients to either fight off or resolve tax
liability and penalties. Derek Brett possesses the necessary and
constructive skills to educate the Taxpayer Advocate’s office to
pull for clients and to redirect the energies of the IRS away from its
traditional methods of attempting to assess and collect taxes at
virtually any cost.
White Collar Litigation
(Civil & Criminal)
- Securities Fraud
- Racketeering (RICO)
- Tax Evasion
- Money Laundering
- Bank Fraud
- Mortgage Fraud
- Ponzi Schemes
- Medicare/Medicaid Fraud
- False Claims Act (FCA)/Qui Tam Matters
- Mail Fraud
- Workers Compensation Fraud
- Bribery/Extortion
- Embezzlement
- Computer Fraud
- Counterfeiting
- Foreign Corrupt Practices Act (FCPA)
“White collar crime” is typically used
to refer to acts committed for financial gain. It is a broad
category, and encompasses a large number of offenses – often of
national and international character. However, such cases do not
always involve the Bernie Madoffs and Kenneth Lays of the world.
Rather, white-collar workers, including doctors, lawyers, bank
managers, mortgage specialists, and Internet entrepreneurs (to name a
few) can – and often are – ensnared within either/both
civil and criminal litigation.
Federal, state and private investigations of
financial crimes can take years, and involves the examination of large
amounts of information. Individuals targeted by such
investigations are normally the subjects of government inquiries and/or
communications; these inquiries and communications are, more often than
not, an indication that the individual is under suspicion for a
crime. Consequently, it is imperative that such targeted
individuals engage legal counsel immediately to avoid mistakes that
could later harm them. These mistakes can include – lapsed
memory; miscommunication between the questioner and the individual; and
even the prospect of an intentional misrepresentation of the
individual’s response to questioning.
The Brett Law Firm possesses the necessary training
and experience needed to assist its clients investigate possible
charges, effectively prepare a defense, and render solid representation
designed to its clients’ needs. Derek Brett possesses
several years of experience in such matters – ranging from money
laundering, to racketeering, to bribery, to tax evasion, to securities
and other fraud-styled matters. Typically, such cases will
involve complexity requiring the skilled and experienced hand of a
seasoned white-collar attorney. The Brett Law Firm stands
prepared to assist its clients in effectively tackling such challenging
matters.
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