About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
Legal Name Change: A State-By-State Guide to Changing Your Name
In most states, adults cannot simply start using a new name and expect government agencies to recognize it. A legal name change often involves a petition and court order, especially if you want government agencies — such as the DMV, the Social Security Administration, or the U.S. State Department — to update your records. However, many states also recognize a common law name change based on consistent use, provided it is not for a fraudulent purpose. Whether you're changing your name for …
Unlicensed Practice of Law: Avoid Unqualified Legal Advice
The unlicensed practice of law generally occurs when a nonlawyer performs legal services or provides legal advice that state law reserves for licensed attorneys. Consumers who rely on unauthorized legal assistance may face denied claims, invalid documents, lost rights, or other avoidable legal problems. The person giving legal advice doesn't always look like what you'd expect. Sometimes it's a document preparer advertising affordable legal solutions. Sometimes it's an immigration consultant. …
The Attorney-Client Relationship: When It Begins, Ends, and Why It Matters
The attorney-client relationship is the legal and professional connection between a lawyer and a client. Once that relationship is formed, attorneys have ethical duties to protect confidential information, avoid conflicts of interest, and act in their clients' best interests. The challenge for many people is figuring out exactly when those duties begin and how long they last. For legal advice about your rights and responsibilities, use the Super Lawyers directory to find a professional ethics …
How To Prepare for Your Initial Consultation with a Lawyer: A Checklist
An initial consultation with a lawyer is your opportunity to explain your situation, get a preliminary assessment of your legal issue, and decide whether an attorney is the right fit for your needs. Coming prepared can help you make the most of the meeting and leave with a clearer understanding of your options. Before you book your appointment, here's what to know about preparing for an initial consultation with a lawyer. For legal help, use the Super Lawyers directory to find an attorney in …
What Is the Reasonable Person Standard? How Courts Determine Negligence
The reasonable person standard is a legal test courts use to decide whether someone acted negligently. Judges and juries ask whether a reasonably careful person would have acted differently under the same circumstances. If the answer is yes, the person may be held legally responsible for the harm that followed. Two people can look at the same situation and reach very different conclusions about who acted responsibly and who did not. That question matters in everything from car accidents and …
Partially at Fault for an Accident? Comparative vs. Contributory Negligence
Being partially at fault for an accident does not automatically prevent you from recovering compensation. The outcome depends on whether your state follows contributory negligence, pure comparative negligence, or modified comparative negligence, which all treat shared fault differently and can significantly change how much you recover. Allocation of responsibility becomes the turning point in many personal injury claims, because even a small percentage of fault can reduce recovery or, in some …
Unmarried Separation: Does Divorce Law Apply When Unmarried Couples Split Up?
An unmarried breakup can create many of the same practical problems as a divorce, but the legal solutions are often entirely different. In most cases, unmarried couples cannot rely on divorce laws to divide property, resolve financial disputes, or determine ownership of shared assets. For legal help, use the Super Lawyers directory to find a divorce attorney who can review your circumstances and advise you on your rights. What Happens Legally When an Unmarried Couple Separates? When spouses …
Political Contribution Limits: How Much Can I Give to Campaigns in My State?
Campaign contribution limits regulate who can give money to political campaigns and how much they can donate, while other campaign finance rules regulate how campaign funds may be used. Federal elections follow one set of contribution caps, but state elections often follow entirely different rules. In some states, individuals can contribute only a few hundred dollars to a candidate. In others, there may be no contribution limits at all. For legal guidance involving campaign finance compliance, …
Can Social Media Delete Your Posts? Section 230 and Free Speech
In most situations, social media platforms can decide what content stays on their sites and what content gets removed. Courts have generally interpreted Section 230 and the First Amendment in ways that give private platforms broad authority to moderate posts, comments, videos, and accounts. If you're dealing with content removal issues or with damaging online content, an internet lawyer can help explain your rights and options. What Is Section 230? Section 230 of the Communications Decency Act …
What Is a Frivolous Lawsuit? Legal Definition, Rules, and Examples
A frivolous lawsuit is generally a legal claim with no reasonable factual or legal foundation. That doesn’t mean that every unsuccessful case is frivolous. Many lawsuits involve real disputes and legitimate claims that simply face evidentiary challenges or difficult legal questions. The difference between a weak case and a frivolous one can affect strategy, legal costs, and potential court penalties. A lawsuit labeled frivolous may trigger sanctions, damage credibility, and raise serious …
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