Biography of Mark C. Rutecki, Esq.
Mark Rutecki graduated in 1991 from St. Thomas University School of Law in Miami, Florida at the top of his class. His law school objectives dedicated him to preparation for litigation. Mr. Rutecki’s leadership and business sense led him to form his law firm directly upon receiving his Juris Doctorate Degree. Immediately after having been sworn into both The Florida Bar and The Federal Bar of the United States District Court for the Southern District of Florida, Miami Division, Mr. Rutecki formed the Law Offices of Mark C. Rutecki, P.A., a general litigation law firm, concentrating on personal injury, divorce, and criminal defense. Through his dedication and commitment, his practice developed into a full-service law firm known as Rutecki & Rutecki, P.A., a general practice with specialties in real estate, business law, corporate formations, general and limited partnerships, residential and commercial leases, mergers and acquisitions, family law, estate planning, trusts, asset protection, and civil litigation, both plaintiff and defense. Mr. Rutecki’s practice expanded into Central Florida, and is now known as Mark Rutecki & Associates, P.A.
Mr. Rutecki’s trial work includes representation in commercial fraud cases, contract and lease disputes, litigation involving substantial financial and business issues, proceedings for debt and judgment collection and defense, highly contested divorces, personal injury, bankruptcies, foreclosure defense, and commercial lawsuits. As the managing partner, Mark Rutecki developed the firm state-wide and is now representing clients throughout the State of Florida, from Miami to Orlando to Destin. Mr. Rutecki’s clients appreciate his aggressive position in support of their business objectives and litigation results desired whether the goal is a strategic advantage, a successful business venture or a favorable court judgment.
Mark Rutecki was born in Buffalo, New York. His father, a physician, built a private medical practice in nephrology in Buffalo. His grandfather’s 13 brothers were all doctors practicing in the Buffalo area. Shortly after Mr. Rutecki’s birth, his father’s practice led the family to Arlington, Virginia near Washington, D.C. where his family resided for several years before relocating to Coral Gables, a historical city within the metropolis of Miami, Florida. After graduating from Christopher Columbus High School in 1984, Mark Rutecki was accepted into the University of Miami where, to the surprise of his father, he concentrated on pre-law, and majored in philosophy and logic in preparation for law school. After obtaining a Bachelor of Arts degree in Philosophy in 1988, Mr. Rutecki commenced law school at St. Thomas University School of Law in Miami.
When he is not in the office, and his clients are not in need of his attention at his home office, Mr. Rutecki spends much of his time sportfishing off Jupiter, Florida in Sailfish Alley. Mr. Rutecki was introduced to fishing in the Florida Keys and scuba diving in the Caribbean islands, along with several other water sports, at an early age. His family had owned property in Key Largo and devoted many weekends to the serene environment of life in the Keys.
Mark Rutecki was married to Season on August 6, 1997, and has two children; his son Jordan was born in Miami in 1998, and his daughter Milan was born in Celebration in 2000.
Practice Areas of Law
Legal representation in business transactions includes business formations and organizations, successions, mergers and acquisitions, joint ventures, and business or asset purchase and sales. The law firm provides representation for various entities such as limited liability companies, C-corporations and S-corporations, offshore trusts, bearer share foreign companies, general and limited partnerships, corporate trusts, family corporations, and nonprofit corporations. Legal services include the preparation and filing of the necessary articles of formation with the State of Florida, preparation of the corporate books and stock certificates, engagement of U.S. accountants, obtaining U.S tax identification numbers and assisting in opening company bank accounts, assistance in obtaining required State of Florida occupational licensees and certificates of use, negotiating loan terms or financing options for capital and funding, preparation of any contracts and commercial leases, and continued consultation and counsel during the operation of the business.
Legal representation in all areas of family law includes divorces, both contested or settled, domestic violence, prosecution or defense, domestic assaults, mediations prior to trial, equitable distribution of assets, debts and liabilities, marital settlement agreements, alimony, child support, joint or sole custody, minor children visitation and time-sharing arrangements, postnuptial agreements, premarital agreements, qualified domestic relations orders (for distribution of IRA and other retirement or pensions accounts without tax consequences), paternity disputes, name changes, adoptions, child abuse defense, relocations, and claims for attorney’s fees.
Wills, Trusts, Estate Planning
Lawyers preparing a Will or Trust instrument are guided by the applicable tax laws. Because the tax laws change over time, your lawyer must draft a Trust or Will that will function properly under changes. Mark Rutecki’s legal representation of his clients in the creation of Trusts and Wills, and the preparation of a proper estate plan, is designed to satisfy the foregoing crucial requirements. The most recognized purpose for placing your assets in a Trust is the benefit of avoiding the substantial expenses of probate of a Will. Under Florida law, a Will must be submitted to a court for review and administration, and the probate procedural rules require the estate to hire a lawyer, which results in various court costs and attorneys fee expenses. Additionally, however, and not so widely known, is the invaluable benefit that a Trust offers by protecting your assets from potential lawsuits. As opposed to using a Trust for estate planning, simply preparing a Will directing how you choose how to have your assets distributed after death does not prevent any loss of your assets during your life, and thereby does not assure that your assets will be available for your heirs. Trusts have common characteristics; a Trust contains property, real, personal, or intangible, which forms the trust estate; the legal and equitable title of the property are divided; the person or entity with legal title is the Trustee, and the person or entity with equitable title is the Beneficiary; and the creator of the Trust who places assets into the Trust is the Settlor. Under Florida law, the Settlor may be the Trustee thereby retaining control over the assets during the Settlor’s life. The Settlor may even be a beneficiary during the Settlor’s life and receive income generated from the Trust. Similarly, a Trust will name beneficiaries of all the assets placed into Trust, and the assets will be distributed to a specified beneficiary or beneficiaries upon the death of the Settlor. A further advantage of the Trust, however, is the Settlor’s continued control of the assets, which the Settlor can maintain even after death. The Settlor of a Trust can provide that his beneficiaries only receive the interest income generated from the assets, and principal of the trust estate, when the beneficiaries reach a certain age. A parent can therefore ensure that his or her children do not receive control until the children have reached an age of maturity and responsibility according to the discretion of the parent. Often our client will desire changes or modifications to a Trust or Will depending upon changing personal circumstances, and both Revocable Trusts and Wills are modifiable during our client’s life. Should a Will be the desired form of estate planning, Mark Rutecki has extensive experience in probate proceedings for the administration of Wills.
Real Estate and Property Law
Mr. Rutecki’s extensive experience includes representation for consultation and negotiation of various forms of contracts concerning all types of real estate, residential, commercial and industrial properties, title insurance policies and closing agent services, development projects, zoning matters, financing arrangements, purchase and sale agreements, construction contracts, mortgage negotiation, private lending negotiations, residential and commercial leases, tax exchange properties, mortgage loan renegotiations and modifications, foreclosure forbearance agreements, and all forms of real estate related litigation.
Mark Rutecki represents clients in various forms of immigration proceedings through the U.S. Bureau of Citizenship and Immigration Services (BCIS), Department of Homeland Security, including petitions for E2 Treaty Trader or Investor Non-Immigrant Visas which require a minimum investment in a United States business, and E1 (Green Card) immigrant visa applications which require an approximate investment of $1 Million, and L1 immigrant petitions which require evidence of a successful business in your home country and the expansion of the business into the United States. Legal representation in non-business-related petitions includes visas based on family relationships, K-1 visas based on marital engagements, H-1B employment contract-based visas, and O-1B nonimmigrant visas for persons with extraordinary abilities in the sciences or arts such as professionals in medicine or engineering or professionals in music, acting, and fashion modeling, and EB-1 self-petitioner immigrant visas for persons with extraordinary abilities.
Asset and Lawsuit Protection
Various forms of lawsuits are now a constant threat to individuals and corporate entities. A successful lawsuit in Florida is much like winning the lottery. The judgment can equate to total loss of all assets of an individual or corporate entity with bankruptcy the end result. Insurance can only provide limited protection, and once a lawsuit has been managed by an insurance carrier, your coverage costs become increasingly expensive, and eventually coverage may not be obtainable. A judgment can exceed insurance coverage and leave assets exposed. If you own real estate, whether it’s your primary residence, or a secondary vacation home or income producing property, your assets are exposed to a high risk of loss. Owners of property in Florida owe a duty to any person on their property, for social or business purposes, even trespassers, to fix any dangerous conditions on the premises. Landlords have a duty to warn tenants of any unreasonable risk of harm of which either the landlord knew or should have known. Business owners can be subject to liability even for crimes against their clients or invitees permitted on the premises. Employers are vulnerable to lawsuits from various sources including contract violations, sexual harassment, and discrimination claims. Courts have also imposed liability on all members of a joint enterprise when persons outside the enterprise are injured. Many corporate officers learn too late that under many circumstances a court can pierce the corporate veil and reach the personal assets of the officer. Car owners can be held liable for injuries caused by other persons who drive their cars. Careful planning for asset and lawsuit protection is necessary. Whether you are an individual with substantial assets (and substantial is relative), or a corporation with substantial assets, holding your assets in a limited liability entity, and then transferring your interests in that entity to a trust, provides you with invaluable asset and lawsuit protection. To receive the most protection possible, an irrevocable trust is often the preference. In some instances, the use of two revocable trusts can alleviate the need to make a trust irrevocable. Mark Rutecki has extensive legal experience in the use of limited liability entities and trusts for asset and lawsuit protection.
Personal Injury Litigation
Legal representation in personal injury cases includes both negligence claims and injuries arising from intentional conduct. Claims based upon negligence typically arise out of automobile accidents, wrongful deaths, medical malpractice, slip and falls, bicycle or motorcycle accidents, dog-bite injuries, maritime related injuries sustained while traveling overseas or involvement in water sport activities. Claims based upon intentional conduct can arise out of psychological injuries, sexual abuse, domestic violence, sexual harassment, and assault and battery injuries.
Mark Rutecki & Associates, P.A. provides full litigation services in both the trial and appellate courts in support of all practice areas of the law firm. Our clients are ensured that if any lawsuits arise out of their business activities and operations, real estate investments or acquisitions, or any personal or family matters, full litigation support is available, for prosecution of claims or in defense. Attorney’s fees are either billed on an hourly basis or a flat fee basis depending upon the lawsuit or legal action. Where attorney’s fees are billed hourly, the costs and expenses of the litigation are the responsibility of the client, and an initial retainer for attorney’s fees will be due upon execution of a Legal Representation Agreement. Where attorney’s fees are based on a contingency fee arrangement, such as in personal injury cases, attorney’s fees are contingent upon a successful settlement or final judgment in favor of our client.
Your Lawyer's Contact Information
1420 Celebration Boulevard, Suite 200, Celebration, Florida 34747
1200 Brickell Avenue, Suite 1950, Miami, Florida 33131
495 Grand Boulevard, Suite 206, Miramar Beach, Florida 32550
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The material herein is for general information purposes only and is not legal advice. A lawyer-client relationship is not established until you have signed a Legal Representation Agreement with this law firm and said agreement has been countersigned by Mark Rutecki. Florida Bar # 899607