Exceptional Client Services

The world has changed drastically in the past decade, and attorneys practicing law must keep up or be left in the dust. With new technologies emerging on a daily basis, clients expectations increase and the response times and delivery of results must improve. It is our highest priority to serve each client with the best possible service and attention to detail. All of our staff is connected and available via email and we pride ourselves on having exceptional response time to our client's requests. This is just a part of the overall experience of being a Sibley Law client.

Contact Brent Sibley:
   info@sibley-law.com

Innovative Relationship Strategies

The traditional attorney retainer agreement revolves around the billable hour. The problem with this arrangement is that there is an inherent conflict of interest. The more the attorney works, the more he gets paid, and the worse off the client is. The attorney has no incentive to deliver results in 5 hours when 10 hours will double the amount of income he earns. To make matters even worse, obtaining results take longer. At Sibley Law, we have been working on Contingency, Flat Fee, and Hybrid retainer agreements since our inception. Our experience with innovative engagements gives us a business savvy perspective that our clients notice and appreciate immediately.

   From the Blog

July 15, 2015 @ 7:59 AM

Uber and Lyft — Are They Really “Illegal” ?

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Uber and Lyft are not necessarily illegal.  However the use of Uber and Lyft by a driver may violate certain local city or municipal laws and ordinances.  Confused?  Read on…..

 

Transportation network companies (the term that has emerged to define these companies), such as Uber and Lyft, which are each valued well over a billion dollars, began to take public notice around 2012.

 

For those of you unfamiliar with Uber and Lyft, the web generated mobile app allows users to request a transportation vehicle (often a local resident driving a personal car) to their current location. The Uber/Lyft driver responds to the request, immediately aware of the passenger’s location based from the GPS on their phone . The convenient (and often lower cost ride than a cab fare) driver transports the mobile app user, charges their credit card, and Lyft (not Uber though) allows the user to add a tip using the app on their mobile phone or tablet.

 

It’s not surprising that Uber and Lyft are facing opposition from local cab and limousine companies. Often regulated by county ordinances, cabs and limousine companies are requesting Uber and Lyft be held to the same local ordinance requirements.

 

Broward County’s SunSentinel reported that “Uber considers itself a technology company, and so taxi laws shouldn’t apply.” Broward isn’t the only county issuing citations to Uber, Miami-Dade and Palm Beach counties have also cited Uber drivers for failing follow county regulations.  [Update – Broward has now added certain rules and Uber has announced it will shut down the service in Broward County on August 1, 2015]

 

Transportation network companies are not the first technological advancement to cause a ripple and confusion in the law. The rise of technology and particularly the Internet has challenged several facets of the law, for example, courts have been increasingly challenged in implementation of privacy laws since the advent on the Internet.

 

However, just because the legislature and judges are unsure how to handle technological advancements doesn’t make them per se illegal.

 

Uber and Lyft have both responded to citations by paying fines for their drivers (they are really doing a good job of protecting their drivers on this – first hand knowledge).  Uber and Lyft are also lobbying heavily for State legislation to adopt a modern regulatory framework. If adopted, such legislation is likely to allow Uber and Lyft along with other transportation network companies to continue business (although they will certainly have to make some compromises – such as paying local taxes or fees). T

 

Uber and Lyft are not illegal from the point of view of the rider.  Uber and Lyft may constitute a violation of an ordinance when used by the driver, but in most jurisdictions it is not a violation for which you can be arrested.  Uber and Lyft drivers who rely on these platforms for a substantial portion of their earnings should absolutely stay up to date and follow the relevant blogs or social media accounts.  A good one to follow is @ridesharedash or www.ridesharedashboard.com

 

Sibley Law strongly encourages safe driving.  Please do not drink and drive.  Please do not text and drive.  Uber and Lyft are ridiculously cheap, most rides around town are less than 20$ and many are under 10$ for destinations nearby.  The minimum is only 4$.  Less than the cost of 1 drink.   Please be smart and responsible.

 

[Update- the city of Key West has passed an ordinance that driving for Uber and Lyft is a second degree misdemeanor.  Just two days ago, they made the first arrest for a man who picked up undercover police officers at the airport]

 

 

 

June 29, 2015 @ 8:43 AM

Employee, 1099, OR……..

Is an Uber Driver an Employee?
Right now, nobody really knows the answer. One California court says yes, but their higher court will now take a look ( = appeal).

 

 

The legal landscape for classifying workers as employees or 1099 workers is getting very murky. The decision by a California court last week deciding that Uber drivers are employees is up for appeal and soon will likely make its way all the way to the Supreme Court.

 

 

This article posted by TechCrunch, the leading tech news site, shows just popular the topic is. The classification as either employee or 1099 has massive implications for lawyers working on cases involving Uber accidents. Sibley Law will be covering and posting information about this hot topic as it evolves.

 

 
Sibley Law currently represents Uber drivers and passengers involved in accidents. If you or a family member have been involved in an Uber crash, contact us for an immediate digital consultation.

 

 

 

http://techcrunch.com/2015/06/28/uber-ruling-is-a-harbinger-of-the-need-for-employment-law-change/

May 20, 2015 @ 4:10 PM

Understanding Uber Insurance

Everyone knows about Uber these days and almost everyone seems to be a huge fan.  When it works well its amazing, cheap, fast, and just really darn easy.  But problems arise when things like an accident happen.  Car insurance and medical treatment are annoying and complicated no matter what the circumstances are, but with Uber, things get even worse.
Uber has the following graphic on its blog:
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Uber breaks down the different phases or “periods” an Uber driver enters throughout the cycle. As you can see from the graphic, the phases are labeled.
“Not Available”
“App On And Waiting For A Trip Request”
“Trip Accepted to Completion”
Each of these three phases will trigger different types of insurance for the Uber driver.  In some phases, only the Uber driver’s personal policy will provide coverage.  In some phases, both the Uber commercial policy and the driver’s personal policy will provide coverage.  In some phases, it is possible that only the Uber commercial policy will provide coverage.
Sibley Law is currently representing individuals who have been injured in Uber cars and is investigating how Uber is handling these situations.  Stay tuned for more info!
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