One of attorney Lloyd Schwed's favorite books is To Kill a Mockingbird by Harper Lee. First published in 1960, To Kill a Mockingbird became a literary sensation due to its compelling characters and open discussion of race relations in the Deep South. It sold over 15 million copies during its first year and won its author the Pulitzer Prize in 1961.

In To Kill a Mockingbird, readers witness the events of the story through the eyes of Jem and Scout, the children of attorney Atticus Finch. Set in Maycomb, Alabama, during the Great Depression, the novel revolves around a controversial case Atticus is trying. After a racist community accuses Tom Robinson, a black man, of raping and beating a white woman, Atticus decides to represent the unpopular client. He encounters many difficulties from the townspeople and, at one point, must stand up against an angry mob looking to lynch the defendant.

During the trial, the attorney offers evidence that the woman lied about the rape and that her father was the one who attacked her, due the wounds appearing on the left side of her face while Robinson had a damaged right hand. Nevertheless, the all-white jury convicts Robinson because of his race, and Atticus' client later dies in prison during an escape attempt. Another major subplot involves Boo Radley, a quiet man who lives on the same street as the Finches. Two years after its first printing, Gregory Peck starred as Atticus Finch in an Academy-Award winning movie based on the book.

Atticus Finch has inspired attorneys and readers for over half a century. Willing to stand up for right in the face of an entire community of opposition, Atticus continues to receive acclaim, and in 2003, the American Film Institute named him Top Hero on its list of “100 YEARS...100 HEROES & VILLAINS.”

In addition to his work with the law firm, which has offices throughout Florida, Lloyd Schwed also belongs to the American Bar Association (ABA). The largest voluntary bar association for lawyers in the United States, the ABA provides its members with a number of professional resources, including continuing education programs and governmental advocacy. The ABA also sponsors the Rule of Law Initiative, designed to promote implement legal reform and provide technical legal assistance in countries across the globe.

Founded in 2007 as a consolidation of five overseas rule of law programs, the ABA Rule of Law Initiative (ROLI) operates according to the belief that the rule of law has the potential to ensure long-term, sustainable growth in countries worldwide. By supporting the implementation of the rule of law, the ABA believes that it can make significant strides in addressing the most pressing concerns in the world today, including human right violations, poverty, corruption, and violent conflict. To accomplish its mission, the Rule of Law Initiative sets out to engage world leaders, citizens, and international organizations under a common banner of peace and justice. Throughout all aspects of its international operations, ROLI adheres to its five core principles: adopting a role as a technical consultant to local legal professionals, maintaining a broad perspective that includes the United States legal system as one of many acceptable models for the rule of law, preserving political neutrality, improving the knowledge and capabilities of both government and private institutions in host countries, and drawing upon the extensive experience of ABA members and volunteers to become thought leaders.

Above all, ROLI stresses the importance of sustainability and collaboration among local bar associations, law schools, ministries of justice, lawyers, judges, and members of civil society. The ABA Rule of Law Initiative also supports a wide variety of legal research and assessments, designed to identify the needs of host countries and provide the most reliable technical support for countries seeking to implement an effective rule of law.

Business litigation is an area of law that involves defending companies accused of an offense. In these legal proceedings, litigant refers to the accused company and complainant is the accuser. Complainants can be employees, consumers, or other businesses. Types of lawsuits in business litigation include class action, malpractice, and contract law.

In class action business litigation lawsuits, numerous complainants make a claim against the company. This group of individuals will have felt collectively wronged by the accused company. In these cases, a litigation attorney represents the rights of the company against the class. Malpractice occurs when a professional fails to abide by a set of standards by which he or she harms a plaintiff. Claims of business malpractice are regularly seen in the medical field. Oftentimes, there are claims made regarding surgical errors or negligence. It is a defense attorney’s job to represent the accused and show that duty was not breached. Contract law deals with disputes regarding legally binding agreements. The exact meaning of the content of contracts can sometimes be ambiguous and open to interpretation.

If a business is accused of breaching a contract, the complainant feels that the company did not uphold its agreed terms of that contract. In these disputes, the litigation attorney defends the company’s actions. About the author: Attorney and commercial litigator Lloyd Schwed is a Managing Partner at Schwed Kahle & Kress, P.A. in Palm Beach Gardens, Florida. He offers his clients over 25 years of skilled experience and commands expertise in business litigation, professional liability, and insurance law and regulation.

By Lloyd Schwed

The United States Securities and Exchange Commission recently extended a previous sunset date for its Rule 206(3)-3T to December 31, 2014. The instruction, initially scheduled to expire December 31, 2012, offers registered investment advisors also listed as broker-dealers an alternative procedure for documenting principal trades. Section 206(3) of the Investment Advisors Act of 1940 compels dual registrants to document all principal trades, defined as trades from the registrant’s own accounts.

Through the extension of the rule, the SEC monitors the activity of principal transactions by its registrants, which do not entail commissions but may contain incorporate pre-determined mark-downs or mark-ups prior to transfer. Rule 206(3)-3T requires dual registrants to deliver immediate notice and annual reports to clients about principal transactions. In addition, the measure allows clients to revoke approval for principal trades in the event of a conflict of interest between the provider’s broker-dealer and advisory functions.

About Lloyd Schwed: With more than 25 years of experience, Lloyd Schwed possesses considerable insight into matters of corporate, securities, and insurance law. A graduate of Washington University School of Law in St. Louis, Missouri, he represents clients with national and global footprints. Contact Lloyd Schwed at (561) 694-0070.

By Lloyd Schwed Managing Partner, Schwed McGinley & Kahle, LLC

Heightened expectations and an often litigious society compel most businesses to develop a working relationship with an experienced business attorney. Such seemingly simple matters as personnel and payroll issues sometimes manifest themselves as serious legal headaches. Contracts from vendors or other partners can include legalese that, in the event of a dispute, could nullify a company’s ability to easily walk away from the contract. While a lawsuit should generally be the last resort, if the need arises to pursue settlement in court, it may prove beneficial to have a relationship with a lawyer who understands the business and its values. For many companies, the relationship with a lawyer or law firm begins with the decision to set up a business structure.

A business lawyer understands the complexities of structuring an organization and will advise owners about their best options. Legal counsel from a business lawyer also facilitates such deals as mergers and acquisitions and the purchase or sale of an existing business. Business law also encompasses the drafting of employment agreements and contracts, non-compete agreements, and contractor agreements. Lawyers will review documents related to real estate, leasing, by-laws, and vendors to safeguard the interests of the client. Organizations that are required to comply with government or industry regulations often turn to their business lawyer for guidance in delineating compliance, corporate governance, and internal audit procedures and policies. In the event of a legal audit or investigation, a business lawyer serves as the client’s representative, helping to determine items that would count as evidence while also communicating with the investigating party on the client’s behalf.

About the Author: Lloyd Schwed, a Florida attorney who specializes in business law and litigation, serves as a Managing Partner at Schwed McGinley & Kahle, LLC