Law Office of Brian A Montague PLLC

This latest blog is about hiring "limited appearance attorneys" as a way to spare litigation expense. I hope it will be of interest. If you have not subscribed to these blogs but wish to do so, please go to the "Recent Articles" tab on my website, scroll to the bottom of the page, and provide an email address. You’ll get occasional emails about legal and practice developments.

Comment on Limited Appearance Attorneys - Law Office of Brian A. Montague PLLC You need find yourself named in a lawsuit only once to experience how attorney fees can escalate quickly and exponentially. For many working people, it can be a jolt to the psyche and can sometimes make pursuit of civil justice out of reach. Why is it so costly? Consider all that is required of an [...

As it is with most jobs in the NFL, one sinks or swims as a behind the scenes member of a team's organization based on merit. Not just merit. Excellence. As an operations coordinator for the Atlanta Falcons, our son Austin's job involves things you never see on Sundays but on which game readiness depends: coordination of team lodging, food, ground transportation, police escorts, and trucking services for away games including those in Europe. That demands excellence in many respects.

It's nice when it's recognized. This week in New Orleans, the Falcons operations team was awarded 2022 Travel Directors of the Year by the NFL. To quote team President Greg Beadles, "Countless hours of work go into making every trip as smooth and seamless as possible so the team and staff can focus on winning games. Thank you and congratulations to [Operations Director] Brandon Ruth, Austin Montague and the rest of the ops team on this well-deserved honor! Please take a minute to recognize their work when you see them."

Don't have to ask me twice! To our friend Brandon Ruth, thank you for giving Austin this opportunity! To Austin, our congratulations and love.

Folks, if you are building or renovating a home, are considering or have recently installed solar panels, or are considering purchase of a US-made electric vehicle, you should take a few minutes to learn about tax credits and other benefits available under the Inflation Reduction Act of 2022, including this consumer guide at

A Consumer Guide to the Inflation Reduction Act Here’s how to save on electric vehicles, solar panels, heat pumps, and more via tax credits and rebates.

Potentially huge development in employment law

FTC Proposes Rule to Ban Noncompete Clauses, Which Hurt Workers and Harm Competition The Federal Trade Commission

This latest blog is about problems with arbitration as a means of resolving disputes. I hope it will be of interest. If you have not subscribed to these blogs but wish to do so, please go to the "Recent Articles" tab on my website, scroll to the bottom of the page, and provide an email address. You’ll get occasional emails about legal and practice developments.

Problems with Forced Arbitration - Law Office of Brian A. Montague PLLC Law Office of Brian A. Montague PLLC Arbitration is usually not about relocating or simplifying consumer dispute resolution; it is about eliminating consumer disputes and controlling their resolution.

Final update on email service issues (see info below): following three hours of conference calling and screen sharing with Rackspace, a DNS records custodian (Cloudflare), my domain host (godaddy), and a highly knowledgeable Microsoft 365 engineer, I have succeeded in restoring the functionality of my primary email address, [email protected]. One footnote: Rackspace holds out little if any hope that I'll ever see emails for the period 2 through 7 December. If you emailed me during that period, apologies for the inconvenience. Please feel free to resend.

Rackspace confirms outage was caused by ransomware attack Texas-based cloud computing provider Rackspace has confirmed today that a ransomware attack is behind an ongoing Hosted Exchange outage described as an "isolated disruption."

Folks, as I've mentioned, my email service through Rackspace is shut down owing to a cyberattack. (Rackspace disclosed today (day five of this event) that this was a ransomware attack and said they're working on it.) If you've emailed me and either have not received a response or have received an "email not delivered" reply, my apologies. You're welcomed to email me at [email protected]. On an important related note, I am aware of and will comply with obligations of data breach disclosure to clients.

We attorneys (and all custodians of personal information) have obligations to let clients know the extent of breaches like this one. This derives from two sources in Florida: the Florida Information Protection Act (FIPA) and the ABA's Formal Ethics Opinion 483. There are similar opinions and statutes from various state bar associations and other legislatures. In Mississippi, see e.g. Miss. Code Ann. Section 75-25-29 (requirement to provide notice of breach of security involving personal information to all affected individuals). A constraint is that this office still has no details beyond those stated above. Rackspace has yet to report on the extent of data compromise if any. Please stay tuned for more information.

At the Montague home we're flying the Ukrainian flag these days. Like so many others, we stand with the Ukrainian people and abhor the abject evil being visited upon their country and their culture. Please join in helping war refugees and those in country, supporting greater infusion of western arms, and restoring Ukrainian democratic self-governance. Here's a current article on ways to help now, including recommendations from those on the ground: https://www.thecut.com/2022/03/russia-invades-ukraine-how-to-help-the-people-of-ukraine.html

Friends, here’s my latest blog. It includes comments on neighborliness, quiet enjoyment, and remedies - just in case. I hope it will be of interest. Best to all for a Happy and Safe 2022.

https://montaguelawyer.com/sometimes-its-just-changes-in-latitudes/

Sometimes, It's Just Changes in Latitudes - Law Office of Brian A. Montague PLLC Those who have spent time in South Walton County, Florida, know it to be a beautiful venue. Along our county’s twenty-six miles of beaches, the waters of the Gulf of Mexico are as turquoise blue and full of sea life as they are anywhere. Just inland, Choctawhatchee Bay stretches for thirty miles a...

Someone came to me recently asking for help with a Florida nursing home claim. It is not an area I handle, but I promised I would find a highly respected lawyer with expertise in the field. I found two great candidates: one an established attorney in Jacksonville who was with a larger firm, and the other a younger go-getter from Orlando who had a solo practice. But for related know how and experience, they did not have much in common. With one exception. They were both AV Rated ®.

Martindale-Hubbell (“MH”) peer reviews are the gold standard for attorney ratings. Based on confidential peer review ratings from other attorneys and judges, MH has been evaluating attorneys for legal ability and professional ethics since 1887. An “AV Rating,” held by fewer than ten percent of bar members, means that the attorney is recognized for the highest levels of legal knowledge and professional integrity.

I am pleased to have just received an AV Preeminent ™ rating from Martindale Hubbell for the eighth consecutive year. Thank you to colleagues, judges and clients who have recognized and helped improve this law practice over the years.

Comments on getting vaccinated.

https://m.facebook.com/story.php?story_fbid=10227383813406196&id=1387477129

If you've ever created a trust or thought about using a trust, my latest blog on the subject may be worth a few minutes of your time.

If You Can't Trust a Trust, What Can You Trust? - Law Office of Brian A. Montague PLLC If you can’t trust a trust, what can you trust? The answer, it turns out, is plenty. Before exploring that, a brief word about the title of this piece. It’s inspired by the words of former Mississippi governor Ross Barnett and a story that comes to mind whenever the subject of trusts and trustee...

Loved reuniting with our sons Reid and Austin and their girlfriends Deanna and English this past weekend in Blue Ridge - McCaysville GA. Austin's 24th birthday weekend. Many happy returns!

To friends in Walton and neighboring Florida counties, keeping the electric grid operating reliably and efficiently requires a committed effort, as do other challenges: guarding against ongoing cyber-security threats, modernizing infrastructure, and continuing to operate safely. I would be honored to help address these challenges as a new part of the Choctawhatchee Electric Cooperative (CHELCO) leadership, all in service to members and based on CHELCO’s values of safety, honesty and integrity, excellence, continuous improvement, and teamwork. Please join with me. I'm pleased to be a candidate for the CHELCO Board of Trustees and would welcome your support. Thank you.

Folks, here is my latest blog. Mark Twain inspired lessons on reasonableness and humility, with a dose of Florida law on stormwater and soil. I hope it will be of interest. https://montaguelawyer.com/lessons-from-mark-twain-and-others/

Lessons from Mark Twain and Others - Law Office of Brian A. Montague PLLC Lessons on reasonableness and humility, with a dose of law on the downhill flow of water and soil