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James William Martin

James William Martin

Florida real estate, estate planning, and business lawyer
  • Real Estate Law, Estate Planning, Probate ...
  • Florida
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Biography

James W. Martin is an experienced real estate, estate planning, and business lawyer in private practice in St. Petersburg, Pinellas County, Florida. He is board certified in real estate law by the Florida Bar and has achieved the highest lawyer ratings on Super Lawyers, Avvo, and Martindale. He has written law books and articles published in national and Florida legal publications, spoken at bar seminars, and taught as an adjunct law professor at Stetson University College of Law.

Practice Areas
    Real Estate Law
    Estate Planning
    Trusts, Wills
    Probate
    Probate Administration
    Business Law
    Business Contracts, Business Dissolution, Business Formation
Video Conferencing
  • FaceTime
  • Skype
  • Zoom
  • FreeConferenceCall
  • GoToMeeting
  • Microsoft Teams
  • WhatsApp
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Florida
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11th Circuit
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U.S. Supreme Court
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US District Court Middle District Florida
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
James W. Martin, P.A.
- Current
Adjunct Professor of Law
Stetson University College of Law
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Contract Drafting, Law Practice Management, Legal Drafting
Partner
Law Offices of Brickley & Martin
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Education
Stetson University College of Law
J.D.
Stetson University College of Law Logo
Stetson University
B.S. | Mathematics
Stetson University Logo
University System of Georgia - Georgia Institute of Technology
University System of Georgia - Georgia Institute of Technology Logo
Awards
10.0
Avvo
SuperLawyers
Thomson Reuters
AV Preeminent
Martindale-Hubbell Law Directory
Stetson Law Hall of Fame
Stetson University College of Law
Professional Associations
American Law Institute Continuing Legal Education
Editorial Board, ALI-CLE The Practical Lawyer (former)
Current
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City of St. Petersburg
Councilman for District 4 (former)
Current
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The Florida Bar Probate Rules Committee
Committee Member (former)
Current
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Publications
Articles & Publications
Drafting a Clear As-Is Agreement
St. Petersburg Bar Association Real Property Section
Drafting the Contract or Settlement Agreement That Stays Out of Court
The Brief, ABA Tort, Trial & Insurance Practice Section
Drafting the Settlement Agreement That Stays Out of Court
Tort, Trial & Insurance Practice Section, American Bar Association Annual Convention, Chicago
Fifty Tips for Writing the 21st Century Contract That Stays Out of Court
ALI-ABA The Practical Real Estate Lawyer, The Florida Bar Journal, ALI-ABA’s Practice Checklist Manual for Drafting Leases IV, ALI-ABA’s Real World Document Drafting: Form, Style and Substance, and Thomson West’s Foundations of Legal Research & Writing
Fifty Tips for Writing the Contract That Stays Out of Court
ALI-ABA The Practical Real Estate Lawyer
Florida Jurisprudence Forms: Legal & Business
West Publishing
Groundbreakers: Be Careful When Using Form Real Estate Contracts
ALI-ABA The Practical Lawyer
How to Write Contracts and Other Documents as a Professional in a Mechanistic World
ALI-ABA The Practical Real Estate Lawyer, The Florida Bar Journal, ALI-ABA’s Practice Checklist Manual for Drafting Leases IV, ALI-ABA’s Real World Document Drafting: Form, Style and Substance, and Thomson West’s Foundations of Legal Research & Writing
How to Write Letters Nonlawyers Will Read
The Florida Bar
How to Write Letters Nonlawyers Will Read (With Sample Letters)
ALI-ABA The Practical Lawyer
I Want to Sign an Electronic Will
ALI-ABA The Practical Lawyer
Snakes in the Grass: Hidden Real Property Issues in Probate
St. Petersburg Bar Association Real Property and Probate Law Sections
Ten Tips for Handling Complex Probate
St. Petersburg Bar Association Probate Law Section
Ten Tips for Handling Complex Probate (With Forms)
ALI-ABA The Practical Lawyer, The Florida Bar Journal
The Lawyer’s Conscience: Professionalism in Writing Contracts and Wills for a Mechanistic World
The Florida Bar
Tips for Handling the Complex Real Property Transaction
St. Petersburg Bar Association Real Property Section
Tips for Handling the Complex Real Property Transaction (With Forms and Checklist)
ALI CLE The Practical Real Estate Lawyer
West’s Florida Corporations System
West Publishing
West’s Florida Legal Forms: Business Organizations
West Publishing
West’s Florida Legal Forms: Real Estate Transactions
West Publishing
West’s Florida Legal Forms: Specialized Forms
West Publishing
West’s Legal Forms: Volume 29 Nonprofit Corporations (2d, 3d & 4th Editions)
Thomson Reuters West Publishing
Writing the Contract that Stays Out of Court
The Florida Bar
Speaking Engagements
The Basics of Contract Drafting, Basic Transactional Law, Tampa
The Florida Bar Young Lawyers Division
Certifications
Board Certified in Real Estate Law
The Florida Bar
Websites & Blogs
Website
Florida Lawyer Jim Martin
Legal Answers
7 Questions Answered
Q. I'm starting a business as a sole proprietor in Florida do I need a DBA to use my initial and last name?
A: See F.S. 865.09 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0865/Sections/0865.09.html
Q. If a seller fsbo had no agent and the buyer is a broker does the seller owe him a commission for buying their house?
A: See Florida Statutes Section 475.278 here regarding broker disclosure requirements: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.278.html
Q. Will a Quit Claim deed from mother to son avoid probate upon her death?
A: It might remove the conveyed real estate from what would pass by probate at her death, but it might incur federal gift tax during her lifetime, and it might result in loss of Florida homestead benefits such as the Save Our Homes Cap and exemption from claims of creditors. There are usually better estate planning tools than conveying real estate to family members prior to death, especially if the real estate is still being used.
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Contact & Map
James W. Martin, P.A.
1220 Murok Way South
St. Petersburg, FL 33705
Telephone: (727) 821-0904
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