Areas of Practice
Small Business Advisory & Planning
Starting or managing a business, small or large, can be challenging in our current regulatory, tax and cultural environment. A knowledgeable business attorney can help navigate a wide range of matters, including formation, succession planning, contracts, finance, compliance, intellectual property, and litigation. I offer both a la cart representation to businesses on a case-by-case basis, as well as retainer agreements whereby my firm will serve as “outside general counsel” to your business, giving companies on-demand access to my services at a significant cost savings over case specific/hourly fee arrangements.
Estate Planning/Probate
Many people think that estate planning is simply determining where their assets go after death, however, it is much more than that. An effective estate plan should maximize non-probate transfers ( i.e. avoid probate), address the lifetime protection of assets from creditors, reduce or eliminate taxes (estate, gift and personal), plan for the management of ones financial affairs and healthcare during periods of incapacity and, for business owners, a succession plan for retirement, incapacity or death. These goals can be accomplished with a number of planning devices such as life estate or beneficiary deeds, durable powers of attorney, living wills, healthcare directives, wills, trusts and shareholder agreements, to name a few. While most estate plans will seek to avoid probate, sometimes its unavoidable. Probate is the legal process by which a deceased person's assets are distributed to their heirs, following the guidelines outlined in their will or the intestacy laws if there is no will. This process involves appointing an executor or administrator, validating the will, identifying and inventorying the deceased person's property, appraising the property value, paying debts and taxes, and distributing the remaining assets to the rightful beneficiaries. Probate can be a complex and time-consuming procedure, so seeking timely guidance from an experienced probate attorney can help navigate this process efficiently and ensure that the deceased person's final wishes are carried out appropriately.
My litigation practice involves a blend of commercial and personal disputes including actions arising under a variety of contracts such as: transportation agreements, security agreements, real estate contracts, employment contracts and shareholder agreements, just to name a few. I also litigate tort cases both involving businesses (e.g. tortious interference claims) and individuals (i.e. personal injury) all of which involve the negligence of an individual(s) or company and by which another individual or business is harmed There are three main types of torts: intentional, negligence, and strict liability torts. Intentional torts are committed purposefully, such as assault, battery, or defamation. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another party (e.g. auto accidents). Strict liability torts do not require proof of intent or negligence; instead, liability is imposed solely on the fact that a particular action caused harm (e.g. dog bite cases). Under tort law, individuals** and businesses can seek compensation for damages, including medical expenses, lost wages, harm to ones business and pain and suffering, from the party at fault for the tortious conduct. Unfortunately, this area of law is viewed in a negative light by many, this is due in large part to the politicizing of extreme and frivolous lawsuits used to promote “tort reform” legislation throughout the country. For victims of negligence, however, it is anything but political . . . it is a matter of downright survival! Many victims are left with not only extensive property damage or business losses, but also lifelong injuries that severely limit their ability to support their families and lead a normal life.
**My consultation on individual matters are free of charge and no attorney’s fees are owed by the client unless we successfully recover.
Civil Litigation