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James W. Martin
Board Certified Real Estate Lawyer, Also Practicing Estates, Trusts & Business
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Biography
James W. Martin has been a Florida real estate, probate and business attorney in St. Petersburg, Pinellas County, Florida, for over 48 years and has achieved the highest lawyer ratings on Martindale, Lawyers, Avvo, and Super Lawyers.
His practice includes litigation and legal advice regarding Florida real estate, probate, trusts, and business matters.
He is the author of over 10 law books and over 30 articles published in state and national legal publications.
He is Board Certified in Real Property Law by The Florida Bar and is an Adjunct Professor at Stetson University College of Law.
He holds a B.S. Mathematics degree from Stetson University and a J.D. degree from Stetson University College of Law, which inducted him into its Hall of Fame in 2013.
He has served on The Florida Bar Probate Rules Committee and as chair of the St. Petersburg Bar Association probate and real property sections.
He has also served the Salvador Dali Museum in St. Petersburg, Florida, for over 40 years in various capacities, including Trustee, Executive Committee, Secretary, and Attorney.
Education
- Stetson University College of Law
- J.D. (1974) | Law
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- Honors: Freshman Scholarship; Lawyers Co-Op Highest Grade Book Awards in Real Property and Personal Property
- Activities: Stetson International Law Society President
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- Stetson University
- B.S. (1971) | Mathematics
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- Honors: Kappa Mu Epsilon Math Honorary Society; Dean's List; Honor Roll
- Activities: Student Programmer Stetson University Data Processing Department
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- University System of Georgia - Georgia Institute of Technology
- Electrical Engineering
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- Delta Tau Delta
- Activities: Cooperative Education Engineering Student Assistant, U.S. Department of Defense
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Professional Experience
- Attorney, Shareholder and President
- 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
- Attorney, Shareholder and President
- Martin & Prats, P.A.
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- Attorney, Shareholder and President
- James W. Martin, P.A.
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- Attorney and Partner
- Law Offices of Brickley & Martin
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- Attorney and Partner
- Law Offices of Brickley, Walters & Martin
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- Law Clerk
- Law Offices of Brickley & Walters
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Publications
Articles & Publications
- How To Form a Florida LLC or Limited Liability Company — A Guide for Lawyers (Ebook and Paperback Book)
- James W. Martin, P.A.
- How To Form a Florida Business Corporation — A Guide for Lawyers (Ebook and Paperback Book)
- James W. Martin, P.A.
- How To Form a Florida Nonprofit Corporation — A Guide for Lawyers (Ebook and Paperback Book)
- James W. Martin, P.A.
- Fifty Tips for Drafting Contracts (With Sample Provisions)
- The Practical Lawyer, American Law Institute Continuing Legal Education
- All Lawyers Are Solos — Aren't We?
- The Practical Lawyer, American Law Institute Continuing Legal Education
Speaking Engagements
- Basics of Contract Drafting, Basic Transactional Law
- The Florida Bar CLE Committee and Young Lawyers Division
- Drafting Settlement Agreements (That Stay Out of Court)
- The Florida Bar Real Property, Probate and Trust Law Section, Construction Law Committee
- Basics of Contract Drafting, Basic Transactional Law 2016
- The Florida Bar CLE and Young Lawyers Division
- Tips for Handling the Complex Real Property Transaction, Webinar Planning Chair and Panelist
- American Law Institute Continuing Legal Education
- Getting to Paperless: A Lawyer or Law Firm’s Step by Step Guide, Basic Technology in the Law Practice
- The Florida Bar Young Lawyers Division
Certifications
- Board Certified in Real Estate Law
- The Florida Bar
Awards
- AV Preeminent Rating
- Lawyers.com
- Top Rated Real Estate Attorney in St. Petersburg, FL (2013-2022)
- Thomson Reuters Super Lawyers
- AV Preeminent Rating (1981 to 2022)
- Martindale.com and Martindale-Hubbell Law Directory
- Lifetime Achievement Award
- Marquis Who's Who
Professional Associations
- Salvador Dali Museum, Inc.
- Trustee, Executive Committee, Secretary, Assistant Secretary, Vice Chairman
- - Current
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- American Law Institute Continuing Legal Education
- Editorial Board, ALI-CLE The Practical Lawyer
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- St. Petersburg Bar Association
- Chair, Business Law Section
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- St. Petersburg Bar Association
- Chair, Real Property Section
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- St. Petersburg Bar Association
- Chair, Probate & Guardianship Section
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- Florida Trust for Historic Preservation
- Board of Directors
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- Pinellas County Arts Council
- Councilmember
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- St. Petersburg Area Chamber of Commerce
- Focus St. Pete Planning Committee 1997-2001; Internationalization Task Force 1981; Parking & Transportation Committee chair 1989-91; Board Attorney 1991-92; Urban Solutions Council Chair 1992-94; Downtown Council Chair 1993-94
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- St. Petersburg Bar Association
- Chair, Probate & Guardianship Section
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- The Florida Bar Probate Rules Committee
- Committee Member
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- Florida International Museum, Florida Cultural Exhibitions, Inc.
- Trustee, Attorney, Secretary
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- The Florida Bar Coordinating Committee on Technology
- Chair and Vice Chair
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- Leadership Tampa Bay
- Charter Class Graduate and Board of Directors
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- Bring Back the Vinoy, Inc.
- Founder, President, Director
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- City of St. Petersburg Arts Advisory Committee
- Committee Member
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- Tampa Bay Regional Planning Council
- Councilmember
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- City of St. Petersburg
- Councilman
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- The Florida Bar Real Property Probate and Trust Law Section
- Chair, Law Office Management Committee
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- Stetson University Alumni Association
- Board of Directors
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- Leadership St. Petersburg
- Graduate and Planning Committee
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- Legal Aid Society of St. Petersburg, Florida
- Board of Directors
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- The Florida Bar Economics of Law Practice Committee and Law Office Management Section, and LOMAS
- Secretary, Executive Council, Seminars Committee Chair
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- St. Petersburg Bar Association
- Chair, Law Office Management Committee
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- St. Petersburg Bar Association
- Chair, Lawyers Handbook Committee
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Jurisdictions Admitted to Practice
- Florida
- The Florida Bar
- ID Number: 174794
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- 5th Circuit
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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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Fees
- Free Consultation
- Credit Cards Accepted
Practice Areas
- Real Estate Law
- Commercial Real Estate, Condominiums, Easements, Land Use & Zoning, Residential Real Estate, Water Law
- Estate Planning
- Trusts, Wills
- Probate
- Probate Administration, Probate Litigation, Will Contests
- Business Law
- Business Contracts, Business Dissolution, Business Formation, Business Litigation, Partnership & Shareholder Disputes
Languages
- English: Spoken, Written
Legal Answers
- Q. We have a air conditioning unit left on our property by a contractor, can we sell or give this away without repercussion
- A: Florida Statutes Chapter 713 governs construction liens in Florida and allows contractors to obtain liens on real property and also allows materialmen to obtain liens on real property so it is possible that the contractor or its supplier could obtain a lien on the real property. Therefore, the owner of the real property should engage a lawyer to assist in returning to the rightful owner the material that was provided and left on the real property. The rightful owner might be the contractor or it might be the contractor's supplier or perhaps even someone else.
- 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
Social Media
2013 Hall of Fame Inductee James Martin
Contact & Map