Family Law

• Guardianship
  Ms. Jackson practices in the areas of estate planning, estate and trust administration, probate and guardianship and real estate. She is a member of the Palm Beach County Estate Planning Council.

Business and Corporate Law

• Corporate Law
  J. Richard Harris earned his Bachelor’s degree from Princeton University in 1969 and continued his education at the University of Florida School of Law where he received his Juris Doctor degree in 1972. He specializes in real property, land use and corporate law and concentrates on condominium, commercial real estate, zoning and developmental approvals and brokerage cases. He remained a shareholder in the firm until March 2016, when he transitioned to an of counsel position at Scott/Harris
• Business Disputes
  The correct formation of a business at its inception can make the difference between the success or failure of the business. Successful creation of a business venture requires effective legal consultation and document preparation. Potential problems must be anticipated and planned for accordingly. This is particular true for individuals who are going into business for themselves for the first time. There are many issues to consider and many pitfalls to avoid. The Firm provides services in the following business law and related areas...
• Limited Liability Companies
  Formation and representation of all forms of business entities, including corporations, partnerships, limited partnership, joint ventures, sole proprietorships, professional associations and limited liability companies.
• Trade Secrets
• Intellectual Property

Property Law

• Real Estate Litigation
  Whether it is a routine real estate closing, an acquisition loan, refinance or lease of property, Scott-Harris has the experience and knowledge to advise and direct its clients through the complexities of real estate law. We are a local Firm that has lived through the ups and downs of the real estate market in South Florida and are well versed in the unique problems and challenges of South Florida in good and bad times.
• Construction Litigation
  The Firm provides a full array of litigation services for its commercial and real estate clients including condemnations, banking and contract litigation, construction liens and construction claims, and broker commission disputes. The Firm has also combined its skills in real estate and litigation to develop experience in title claims work. Additionally, the Firm’s litigation department handles foreclosures and land use. Creditor’s rights are also actively litigated by the Firm in both state courts and federal courts.
• Real Estate Transactions
  In today’s increasingly digital age, more and more buyers and sellers are asking the same question when it comes to their upcoming real estate closing: Do I actually have to be there? The simple answer is no you do not. While each real estate transaction operates in its own sphere, and what might work for one may not work for another, it is becoming increasingly more common that one, if not both of the parties to the deal, never step foot in the closing agent’s office. Gone are the days when the sale and purchase of real estate culminated in an in-person meeting between the Seller, Seller’s Agent, Buyer, Buyer’s Agent, the Closing Agent, and whoever else may have had a remote interest in the deal. Gone are the days when pens flowed ink while hands were shaken across the table in a celebration of a “deal well done”. Gone are the days of rigid and absolute closing schedules, necessitating that the daily lives of those involved be put on pause to facilitate the transaction. Gone are the days of old, and in are the days of new; the days of the mail-away and virtual closings. Fueled in one part by the birth and rise of the internet over the past 25 years, and catalyzed by the recent COVID-19 pandemic, real estate professionals and the clients they work with have ushered in new practices for facilitating a real estate transaction, emphasized by the need to make the transaction as a whole more precise, more efficient, and less stressful for all involved. Take for example, a mother purchasing her first family home, but is tied to work or other personal life commitments on the same day as the closing, resulting in some tough choices being made. Or, a Seller who has moved out of the state or country, and has no feasible way of appearing at the closing table without exorbitant travel costs. The new wave of mail-away or virtual closings can serve as the solution to their problems. What is the difference though exactly between a mail-away closing and a fully virtual closing, and which one better suits your needs? In a mail-away closing, the closing documents are just that: mailed away. Upon receipt by the Seller or Buyer, the documents are executed not unlike they would be if at a closing table; signed with blue ink before a registered notary public in your area. Upon completion of the document execution, the documents are then mailed back to the closing agent in order to finalize the transaction. The mail-away closing is simple and expedited in that when the documents are ready, they can be sent out to the Parties to sign at their ease, without the need to meet before the closing agent on the day of closing. With mailaway documents, the Client has ample opportunity to review and re-review to ensure that everything is done correctly, with no constraints on the time, place, and general manner of execution. The mail-away closing is an option for all Sellers and Buyers; however, it is to be noted that extra care should be given if you are a Buyer tak
• Eminent Domain
  “Eminent Domain”, the government’s power to take private property for public use, has been described by the Florida Supreme Court as one of the harshest proceedings known to law. Through its power of condemnation, a government body can “take” the property of a private citizen, provided that the citizen receives “just compensation”. Unfortunately, the government’s idea of “just compensation” may not realistically match that of the property owner’s. The law firm of Scott, Harris, Bryan, Barra & Jorgensen, P.A. provides the protection and guidance a property owner needs to be assured that the compensation he or she receives is in fact just. If you are an individual or small business property owner who owns property subject to condemnation, then you need an experienced law firm to take on the government, with all of its resources and power, so that you can obtain the compensation for your property that you a justly due..
• Land Use and Zoning
  For several years now in south Florida, builders have been snapping up golf courses and converting them to housing developments. This of course has led to legal and zoning fights by neighborhoods who are none too happy with having their golf course vistas replaced by homes, townhomes and apartments. Until the pandemic, golf as a sport was seeing dwindling numbers of players, and many golf courses were in the red. However, golf has seen a resurgence in south Florida as more people move here from the Northeast and elsewhere, and tee times are becoming much harder to get during the season. Thus, the economic argument that builders and golf course owners make that golf courses are no longer profitable isn’t so true anymore, but the claims of unprofitability are still made in most every application to rezone a golf course for development. Golf course conversions can be attacked in the rezoning process. The developer and golf course owner must file an application in the county or city where the course is located requesting the necessary zoning and land use changes to convert the golf course to residential development. Chances are, the developer and the land use experts it hires can meet the technical requirements of the zoning code, and the zoning staff will recommend approval of the application. County and City Commissions, however, have discretion to approve or disapprove rezoning applications. There is enough gray area in zoning that decisions can often come down to politics. If a neighborhood bans together and makes a sustained effort to stop the golf course conversion, sometimes it works. This requires the neighborhood showing up in large numbers at commission meetings. Homeowners must also meet commissioners individually to lobby for their vote. Zoning challenges are not easy; developers have the money and resources, and they often have pull with county and city officials. In addition to an up or down vote, there are other angles that are worked in golf course conversions. Elected officials want developers to have community outreach, to work with neighborhoods to reach a consensus for the new development. Developers will often offer large donations to the neighborhood homeowners association for community improvements to garner support. Also, developers will come in asking for the moon, but will scale back the intensity of the project to improve compatibility with the existing neighborhood. Legal challenges to golf course conversions are made in court, by filing a lawsuit to enjoin the new development. Under Florida law, a property owner in general has a right to the free use his or her property, limited by land use and government restrictions. Thus, if a golf course has an underlying land use or zoning for development, and there are no other restrictions for use of the property, then a court will not have the authority to block a golf course conversion. However, sometimes there are other restrictions limiting the use of golf course property. Pr
• Landlord-Tenant Disputes
  The lawyers at Scott-Harris have many years of experience in landlord-tenant law, from drafting complex commercial leases to suing for eviction and damages in both residential and commercial properties. There are technical, legal issues in landlord-tenant law that can seriously affect the rights of a party to a lease agreement, and it is best to have legal representation either when entering into a lease, or when a dispute arises in an existing lease. If you are an individual who owns and leases property, the law firm’s attorneys can guide you through the eviction process efficiently and effectively, and deliver possession of your property back to you as quickly as possible.
• Condominium Law

Trusts and Estates

• Estate Planning
  Mr. Shepard practices in the areas of real property and transactional law and estate planning. He is a member of the Florida Bar Association as well as the Palm Beach County Bar Association. Additionally, he is an active member of the Attorneys Real Estate Council of Palm Beach County, and a proud Affiliate Member of the Broward, Palm Beaches & St. Lucie Realtors.
• Wills
  Very often, people speak of a desire to “avoid probate”. What is probate and why should it be avoided? Simply put, probate is the process by which a deceased person’s affairs are finalized. Of course, this is a simplification and even the simplest estate can have a number of steps that must be taken in order to finalize the decedent’s affairs. The First step in the process is to present the will, if there is one, to the court, for admission to probate. A will is admitted to probate when the judge accepts it as the valid last will and testament of the decedent. It is at this first step that the “will contest” usually takes place, since the purpose of this step is to settle whether the will presented is the true last will and testament of the deceased.
• Trusts
  "We were leaving for a lengthy trip out east and needed assurance that our Living Trust was in order. Justin, our attorney, was thorough, precise and expedited every detail within our time frame of departure. Above all, we appreciated the genuine attention he extended to our questions, explaining complicated terms with clarity. Thank you for gracious and professional service."
• Power of Attorney
  When I prepare estate planning documents for a client, they most often include a health care surrogate designation and a living will. They never include a “Do Not Resuscitate” form (DNR), which is prepared by a health care provider. To understand why, let’s look at the differences. A health care surrogate designation is known as a health care power of attorney in some states. If you sign a health care surrogate, you have appointed a person to make decisions regarding your health if it is determined by your doctors that you are no longer able to make a meaningful decision on your own, or if you physically cannot communicate such a decision. This determination can be made in a variety of situations, not just when a person is terminally ill. Most commonly, I see health care surrogate forms used in cases of dementia or a stroke, in which the person can survive for years, but be unable to make medical decisions. A Living Will is a companion document to the health care surrogate designation, but it is employed in very limited situations. If you sign a living will, you are stating that do not want to receive extraordinary measures to keep you alive if you are: in a persistent vegetative state, in an end stage condition, or at the end of a terminal disease. In Florida, you specify whether you decline to receive extraordinary measure, such as a heart/lung machine, and in addition, whether you do or do not want artificial feedings, such as feeding tubes or intravenous feeding. In order for a living will to be effective, two physicians must certify that you have no medical probability of surviving your condition, and that extraordinary measures and feeding tubes will only artificially prolong your death. A DNR, on the other hand, is more extreme in its effect and should be signed in even more limited circumstances. It is a document that is prepared by and must be signed by a medical professional. In Florida, it is a specific form created by the Florida Department of Health. If you have one, it instructs any person responding to an emergency, such as an EMT, not to use methods such as chest compression or defibrillation to bring you back from a cardiopulmonary or respiratory event. This means that if you suffer a life-threatening event, emergency services will not revive you, even if you are not otherwise terminally ill. This instruction obviously does not allow for a physician to make any type of diagnosis as to your condition. Accordingly, when a client calls me and tells me that they want a “Do Not Resuscitate” form, I know that this is generally not what they really mean. A person who is otherwise healthy but wants to provide for declining mental health or a possible terminal situation should sign a health care surrogate designation and/or living will. Only a person who is truly ready to die without allowing for time for a diagnosis by his or her physician should sign a DNR.
• Probate

Finance Law

• Foreclosure
  John M. Jorgensen is a fourth generation Floridian, who earned his Juris Doctor degree in 1982 from the University of Florida. Mr. Jorgensen joined Scott, Harris in 1982, and became a shareholder in 1992. He is currently the President and managing shareholder of the firm. He practices in the areas of civil litigation and trials, with emphasis on real property and business disputes, construction and land use litigation, landlord-tenant both commercial and residential, foreclosures, contract disputes, and appellate practice. He has over 40 years of civil litigation and trial experience, all of them with Scott/Harris.
• Tax Law
  Scott/ Harris is devoted to meeting the personal needs of our clients in estate planning and probate. Over the years, the Firm has developed experience in these areas, and this area of law has become an essential element of the Firm’s practice. The Firm pursues all areas of estate planning and administration, including the drafting of wills, the creation of trusts, both revocable and irrevocable, as well as charitable trusts, postmortem tax planning, and estate planning and administration. Additionally, in will and trust contests, will and trust construction and other contested matters, our probate and litigation lawyers work closely together in aggressively pursuing and protecting our clients’ rights. Finally, the Firm maintains close relationships with the trust departments of numerous local financial institutions to effectively service the needs of our clients in the probate and estate planning area.