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Joseph Lafayette Gufford III

Joseph Lafayette Gufford III

The Gufford Law Firm, P.A.
101 SE Ocean Blvd.
Suite 201
Stuart, FL 34994

Phone: (772) 221-1922  |  Fax: (772) 221-1990
http://www.treasurecoastlawfirm.com

Contact Joseph Lafayette Gufford III

High-Quality Legal Representation and Personal Service

Legal Topic

Family Law

Preferred New Clients

We take on a wide variety of cases within the family law realm. We represent both male and female clients with equal vigor. The one requirement we have is that the clients are truthful and do not ask us to take legal positions that we cannot, in good faith, maintain before the Court.

Our reputation in the legal community is one that will never be sacrificed or traded away for the benefit of any one client. Since we take this point of view, we do not take on clients who have unreasonable expectations or want us to take a factual or legal position that is at variance with the truth or the law.

If you are telling the truth, however, and your case is bleak, there is no firm that will fight harder to prove that truth to the Court.

Sub-Categories

Family Law
  • Mediation/Alternative Dispute Resolution (ADR)
  • Name Changes
  • Restraining Orders
  • Enforcement Actions
Abuse
  • Child Abuse
  • Domestic Violence
  • Elder Abuse
  • Sexual Abuse
Children
  • Adoptions
  • Child Support
  • Children's Rights
  • Custody
  • Foster Care
  • Paternity
  • State Child Protection
  • Visitation
Couples
  • Civil Unions
  • Common Law Marriage
  • Domestic Partnerships
  • Gay, Lesbian, Bisexual, Transsexual, Transgender Rights
  • Living Together/Cohabitation
  • Marriage
  • Power of Attorney
  • Prenuptial & Postnuptial Agreements
Elder Law
  • Competency Hearings
  • Guardianships & Conservatorships
  • Long-Term Care
  • Powers of Attorney
  • Advanced Health Care Directive
  • Healthcare Power of Attorney
  • Healthcare Proxy
Rights
  • Grandparent Rights
  • Termination of Parental Rights

Legal Topic

Divorce

Preferred New Clients

We take on a wide variety of cases within the family law realm. We represent both male and female clients with equal vigor. The one requirement we have is that the clients are truthful and do not ask us to take legal positions that we cannot, in good faith, maintain before the Court.

Our reputation in the legal community is one that will never be sacrificed or traded away for the benefit of any one client. Since we take this point of view, we do not take on clients who have unreasonable expectations or want us to take a factual or legal position that is at variance with the truth or the law.

If you are telling the truth, however, and your case is bleak, there is no firm that will fight harder to prove that truth to the Court.

Sub-Categories

Divorce
  • Alimony/Palimony/Spousal Support
  • Annulment
  • Child Support
  • Custody/Visitation Rights
  • Delinquent Support Payments
  • Division of Property
  • Mediation/Alternative Dispute Resolution(ADR)
  • Restraining Orders
  • Uncontested Divorce
  • Gay, Lesbian, Bisexual, Transsexual, Transgender (LGBT) Rights

Bar Admissions

FL, Apr 1991
Bar Number: 879576

Other Court Admissions

Florida State Bar.

Association Memberships

Florida Bar Member, Martin County Bar Association Member, Family Law Section of the Florida Bar Member, 2008 Chairman of the Family Law Committee of the Martin County Bar Association.

Continuing Education

I have fulfilled my continuing legal education requirements by taking courses that primarily focus on the area of family law. I recently taught a seminar to the Martin County Bar Association Family Law Committee on the recent 2008 legislative changes to Chapter 61 (chapter that regulates divorce and paternity matters) for which I earned lecture continuing legal education credits.

Course # 9839-8, 01/16/2009 - MCBA January 16 Luncheon, Hours: 1
Course # 0594-R, 12/12/2008 - How To Represent Parents, Hours: 2
Course # 8053-R, 09/25/2008 - Lecture Credit Approval, Hours: 9
Course # 3316-8, 04/23/2008 - Ethics-Trust Account/Fees, Hours: 1
Course # 2385-6, 12/22/2006 - Starting Anew, Hours: 5
Course # 5595-5, 08/17/2006 - Title Search: The Process, Hours: 6
Course # 9688-6, 07/31/2006 - Helping Your Trial, Hours: 7
Course # 8746-5, 01/18/2006 - Family Law Update, Hours: 2
Course # 0380-R, 11/30/2005 - Grow Your Family Practice, Hours: 2
Course # 5451-R, 12/16/2004 - Basic Family Law, Hours: 8
Course # 3014-4, 11/15/2004 - Handling Fl Divorce Cases, Hours: 7
Course # 2011-4, 03/30/2004 - Family Law Update, Hours: 2
Course # 2056-2, 01/02/2004 - FSU/FL Bar Online Prof, Hours: 5
Course # 5344-R, 10/14/2002 - 2002 Survey Florida Law, Hours: 12
Course # 4008-1, 09/30/2002 - Public Rec. Via Internet, Hours: 7
Course # 5130-R, 04/19/2002 - Custody Cases, Hours: 8
Course # 5008-R, 12/31/2001 - 2001 Advanced Evidence, Hours: 7
Course # 8051-R, 01/29/2001 - Individual Course Credit, Hours: 1
Course # 4891-A, 01/25/2001 - 2000 Survey of FL Law, Hours: 11

Papers and Publications

Yes. As noted earlier, I lectured in 2008 on the subject of the recent changes to Chapter 61 of the Florida Statutes. Associated with that lecture, I prepared a course paper for the participants.

Example Cases

I have handled literally hundreds of trials in the family law and civil litigation areas. It would be improper of me to specifically advertise the outcome of any particular case as it would put people's personal lives into the public arena. However, suffice it to say that I have litigated extensively in front of every single judge in the 19th Judicial Circuit and most of the judges in the 15th Judicial Circuit. Those cases have ranged from very ugly cases involving child abuse to cases that have been resolved through methods other than the courtroom (i.e. mediation).

Many people believe that most cases are solved in the Courtroom; nothing could be further from the truth. In point of fact, most cases are resolved outside of the Courtroom as they should be. However, my philosophy in the practice of law is that "the best way to avoid a trial is to prepare for one." If the other side believes that you are prepared to go to trial, they are much more likely to offer a reasonable or even an unreasonable settlement offer. The other side must believe that you are capable of putting on your case and winning even in seemingly impossible situations when the other side perceives that they have some advantage. To be frank, in the practice of law it is better to be feared than loved. While I appreciate having the friendship and companionship of many other members of my profession, I have never forgotten that my first duty is to zealously represent the interests of my client.

Education

Degree:

B.A. in Political Science

School:

University of Florida

City:

Gainesville

State:

FL

Year:

1988

Honors:

President Pro Tem of the Student Senate, Judiciary Committee Chairman, Student Senate, Kappa Alpha Order Fraternity Member, Army ROTC, Commissioned as a Second Lieutenant upon graduation, graduate, U.S. Army Airborne School.

 

Degree:

Juris Doctor

School:

Stetson University College of Law

City:

St. Petersburg

State:

FL

Year:

1990

Honors:

Stetson Negotiation Team, 3rd Place- Freshman Closing Argument Competition.

Focus and Accomplishments:

During law school, I focused on the trial aspects of law and tried to learn from my experiences in school and in my law clerk assignments. When I graduated from law school, and before I was actually a member of the Florida Bar, I participated in a jury trial in which our client was awarded $3.6 million. My role prior to the trial was to pretend to be the opposing counsel and to participate in a mock trial against my boss. My boss got a zero verdict from the mock jury we had hired to hear the case. Using the experience from the mock jury helped us shore up shortcomings in our cases and ultimately, win the day.

During the trial of the actual case, I found evidence that the defense's expert had put on false testimony by doctoring test results. Under intense cross-examination, the expert admitted that he had made false and misleading testimony to the jury and blamed defense counsel for pressuring him to provide false testimony. Ultimately, we obtained a wonderful jury verdict for a very deserving client. Through that experience, I learned that attention to detail is very often the difference between success and failure in the Courtroom.

Number of Attorneys

1

State Licensed In

Florida

Firm Focus and History

I established the Gufford Law Firm in 2008. However, I have been a member of the Florida Bar since 1991. Previously, I practiced with the firm of Brandt & Gufford and Grazi & Gianino, both in Stuart, Florida. I previously practiced in Kissimmee with the firm of Barber, Gufford and Lawrence. Prior to that, I worked with the firms of O'Brien & Hooper. For the first time in my professional career, I decided in 2008 that it would be better for me to practice on a solo basis so that my staff and I could concentrate on the cases that we wanted without having to concentrate on the complications associated with other partners (office politics, different operating procedures and standards of performance, etc). This decision has been a blessing as the only standard that must be met within the firm's practice, being one that I have set for myself. I strive to deliver the best legal services that can be achieved both in the Courtroom and outside of it.

With over 34 years of combined experience, the lawyers and staff at The Gufford Law Firm have been providing exceptional client service that focuses on results in South Florida's Treasure Coast region. We offer tailored legal representation to suit the specifics of your individual case. Our experience and commitment to excellence make the difference. The attorneys at our firm offer their extensive knowledge and understanding of the law, and our staff of legal professionals is recognized for making sure that our clients are kept informed. We pledge to deliver legal services customized for each and every one of our clients.

Our firm is focused on providing individualized services to clients in a range of issues. The main areas of our practice include:

Family Law:
• Dissolution of Marriage (Contested and Uncontested)
• Child Custody/Child Support Modifications
• Child Support Enforcement actions (Non-payment of Support, Department of Revenue Actions, Income Deduction Orders)
• Paternity (including disestablishment of paternity actions)
• Parental Relocations Actions under 61.13001
• Annulment
• Adoptions (step-parent, relative and non-relative adoptions)
• Prenuptial and Post Nuptial Agreements
• Family Law Appeals

Civil Litigation:
• Contract Disputes
• Real Property Disputes
• Construction Law
• Partition Actions (Joint Ownership of Property-Forced Sale)
• Labor Law (Wage Enforcement Actions)
• Business Formation (Corporations, Limited Liability Companies, Limited Partnerships, etc.)

Having extensive experience in the areas of family law and civil litigation, the lawyers at the Gufford Law Firm are capable of handling a wide range of cases, from those that are simple in nature to those that are complex and require extensive discovery and expert testimony.

Previous Employment Summary

See above.

Activities and Awards

2008 Florida Rural Legal Services Pro Bono Award.

What is your opinion regarding clients educating themselves on legal issues?

I firmly believe that my clients should do everything they can to educate themselves about the issues that are presented in their case. That is why I have spent an inordinate amount of time making my website one of the most informative websites on the subject of Florida family law.

My staff and I do our very best to make the client a member of our team. The fact of the matter is that litigation is more akin to "Dancing with the Stars" than it is to tennis; it takes a team effort in order to have success in the courtroom or in mediation. Along with the client and I, my paralegal team is a very important part of the litigation success formula. All of my paralegals have extensive trial experience in that they attend virtually all trials in which I participate. This allows me to concentrate on the judge as opposed to fumbling about for papers or exhibits. It also allows them to pick up on little nuances in the case that I might have missed and bring them to my attention during the course of the trial.

For example, in a case in tried in February 2009, there was an issue over whether a father had committed animal cruelty in the presence of his children by cutting off the head of a live alligator with a chainsaw. On cross examination, the father said that he had run over the alligator with his truck and that it was dead when he cut the alligator's head off. I did not realize it, but we had pictures of the alligator with tape around his mouth. My staff brought it to my attention after I had already moved on to another issue. I was then able to circle around and ask the witness the question, "Sir, why was it necessary to tape the alligator's mouth before you cut his head off if it was already dead?". Let's just say his answer was not very convincing.

One client said of my services, "I was a mess when I met Joe, thinking I had no choice but to bow to the demands of my ex. Joe was a trooper, played hardball and got me out of deep water where I could breathe, and didn't charge me an arm and a leg! He is still working on my behalf today. Go get ‘em, Joe! You're the best!"

Another client, "He has stood by me through the thick and thin of my family court case. Has put up with my crazy ex-husband and steered me in all the right directions a million times. He always knows what to do and gets it done in grand fashion. He also has been very caring and sensitive to my daughter whom we are doing all this for and she just adores him as well. He and his office have always made me feel like I was their only client even though I know that is not the case. He answers all my questions and concerns immediately. He is an all around great guy and whenever anyone asks me for an attorney, I always recommend him. He is extremely knowledgeable and gets the job done."

Are you willing to review documents prepared by clients?

To be frank, I do not like to review documents prepared by clients. They are frequently wrong, have bad wording and are not very precise. I prefer to do most of the work myself.

Are you willing to coach clients who want to represent themselves?

I don't. Either I am doing the case or I am not. It is just that simple. I have spent years learning the law, and I am sure that I do not know everything there is to know about family law or civil litigation. As Abraham Lincoln said, "He who represents himself has a fool for a client." While this may seem a little high-minded, I think that Lincoln simply meant that clients lack objectivity and see things through their own unique experience. It takes a trained attorney to "know when to hold ‘em and when to fold ‘em."

Why did you decide to be a lawyer?

I decided to become a lawyer because I had a talent for speaking and writing and law seemed to be the natural progression for me. I also realized that I had somewhat of a flare for the dramatic and there is no more dramatic place than a courtroom. I decided to become a family law attorney because in family law you can actually make a difference.

What work experience and education helps you be a better lawyer?

I think that my experience of being a child of divorce (my parents made Kramer versus Kramer look like a day at the park) gives me a unique perspective that a lot of other lawyers simply do not have. I also think that having been in a business other than the law business has given me the ability to spot inaccuracies that other lawyers might miss. In order to understand how to cross examine a sophisticated businessman, you have to understand how business is done. Having real world experience in the business world has given me a perspective that most attorneys simply have not had.

Why did you decide on your primary area of practice?

I chose family law because I truly enjoy the subject. In order to do family law well, you must have a good understanding of business law, child psychology, adult psychology, real property law and contract law. In essence, in order to be a good family law attorney, you have to have a good understanding of most other areas of the law. I also like family law because it gives you a lot of courtroom time which is what I truly enjoy. My paralegals often tell me that I hate preparing for the trials but love it when I get there. I guess that pretty much sums it up for me.

What do you like best about your career?

I think the thing I like most is cross-examining someone who you know is lying, and successfully proving that they are in fact a liar. Maybe that comes off as "mean spirited," but I think that the courtroom is not a place for niceties. It is a place that is often referred to as the "crucible of truth." Any lawyer can examine his or her own client. The talent comes in cross examining the opposing party and forcing the truth out of them whether they like it or not.

Tell us about your law firm:

I have an outstanding staff of paralegals who are all very instrumental in the overall representation of the client. As stated earlier, my paralegals go to court with me. So, when they screw something up, they get to see the impact of their screw-ups. Thus, when the same situation presents itself in another case, they (and me) are less likely to make that same mistake over again. Most lawyers do not take their paralegals with them to the trial of the case. I totally disagree with that philosophy. The more court time my paralegals get, the more hands -n experience they bring to the table which ultimately benefits the client.

What are your strengths and style?

I would say that my style is aggressive. I am not one of those "why can't we all get along?" lawyers. Once my client and I have elected a course of action, it is my job to get us there in the most expedient way possible, whether that means I have to go over, under or through the other side's case.

I would say that my overall strength lies in my preparation of the case before it gets to trial. The fact of the matter is that a trial is much like a theatrical presentation. If you have your lines memorized and ready for the Court, you are much more likely to be successful. In every trial, a trial notebook is prepared along with a trial outline. The outline has every question in it that I intend to ask of every witness. This allows me to not become flustered when something changes in the middle of the trial because I have already mapped out a plan of attack. If a judge disallows a line of questioning through one witness, I will typically get the very same evidence in through another witness. Preparation, preparation, preparation. Being a good lawyer is really not about being witty or having a "silver tongue"; It is really about doing the hard work that precedes a trial rather than the trial itself.

Personal Interests:

Well, to be frank, my personal interest as well as my professional interest is the practice of law. Some people wake up on Saturday morning and do crossword puzzles; I wake up on Saturday morning and read up on areas of the law that I don't know enough about or I return client calls and emails. The fact of the matter is that I get paid to do what I love.

When I am not practicing law, my other love is paintball. Kind of goes with the territory doesn't it?

Office Manager/Assistant

Sylvia Gufford: Office Manager, Hazel Hannaford: Paralegal, Amanda James-Faulkner: Paralegal.

Fax

(772) 221-1990

Office Hours

Monday through Friday
8:30 a.m. to 5:00 p.m.
Our phone is monitored 24 hours a day for persons who have after-hours emergencies.

Emergency After Hours

Yes

Foreign Languages

Sylvia Gufford: Spanish; Joseph Gufford: Limited Spanish.

Fixed-Price Services and Fees

No. I work on a straight hourly rate.

Hourly Rates

$250 per hour.

Free Initial Consultation?

Yes, for 30 minutes, although my paralegals often chide me for spending too much time with my clients at their initial appointment. At the initial appointment, I try to do more than "glad handing" and telling the client how great I am. I try to map out a strategy for the case and a game plan of sorts. That way, the client and my staff know the direction I intend to take in the case before the work actually starts. As we go through the case, we work the plan and make changes as situations dictate. When I was in law school, I had the pleasure of being taught by one of the lawyers who was responsible for the break up of AT&T. One of the things that I learned from his lectures was to think about the end of the case rather than the beginning.

Typical Retainer

It really depends on the nature and complexity of the case. The typical retainer is between $5,000 and $20,000.

Understanding Fees

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