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Our goal is to provide personal and trusting counsel to individuals and small-business owners to resolve their disputes swiftly, effectively, and cost-efficiently. Sometimes litigation is not an option. However, litigation is frequently only one of many tools available to accomplish a client’s objectives. Depending on the circumstances and particular objectives, utilizing alternate strategies that short-cut the time and expense associated with litigation can be very attractive – particularly in today’s tough economy.
We provide our clients with all facets of alternative dispute resolution, including:
- Arbitration
- Mediation
- Settlement conferences
- Negotiations
- Collaborative law
- Case evaluation
- Private Judge
We also provide consultations, including document review and preparation sessions, to individuals and small-business owners who are independently pursuing alternative methods for dispute resolution, but would like a little guidance along the way.
Success in litigation depends in large part on responses that are quick and effective. The combination of our size and skilled attorneys allows us to respond quickly and effectively to the litigation needs of individuals and small-business owners. In addition, we utilize a network of professionals such as accountants, appraisers, business consultants, and technology consultants, when necessary, to assist in the analysis and presentation of our clients’ cases. Keeping in mind that our clients’ time and resources are preferably spent elsewhere, we remain sensitive to the cost-to-benefit ratio throughout the litigation.
We have significant experience litigating in courts throughout Ohio, at both the state and federal level. We provide thorough, creative, and aggressive litigation representation to plaintiffs and defendants in virtually every area of law, including:
- Contract disputes/breach of contract claims
- Business torts
- Non-compete agreements
- Shareholder and Partner disputes
- Business dissolutions
- Employment controversies
- Construction Litigation
- Legal Malpractice
- Claims arising from breach of fiduciary duties
- Fraud
- Concealment
- Negligent Misrepresentation
- Insurance claim/coverage disputes
According to the U.S. Department of Commerce, small businesses (defined as having 500 or fewer employees) represent 99.7% of the 29.6 million businesses in the United States. Those small businesses have generated 64% of net new jobs over the past fifteen years, and employ over 50% of all private sector employees. Further, in 2008, approximately 627,200 employer-operated businesses began operations, and 595,600 closed operations.
As a small firm, we understand and keep apprised of the ever-changing needs and demands of small businesses. We are dedicated to assisting and advising small businesses on a variety of matters to resolve their legal needs. Our services are tailored to each client’s specific needs, and are comprehensive in nature, including:
- Business Formation
- Entity Selection: corporate entities, partnerships, and limited liability companies
- Start-up Documents: articles of incorporation, operating agreements, employment agreements, and commercial lease agreements
- Corporate structuring and governance
- Guiding clients in the preparation of corporate policies and practices
- Obtaining 501(c)(3) tax-exempt status
- Drafting and negotiating contracts, including non-compete agreements, non-solicitation agreements, and confidentiality agreements
- Contract review, interpretation, and guidance regarding enforcement
- Business and Asset Sales and Purchases
- Business Dissolutions and Reorganizations
- Voluntary and Involuntary resignation, withdrawal, or force-out of a shareholder or principal
- 1031 Exchanges
- Franchising: negotiation of agreements, analysis of rights and obligations, disengagement from franchise agreements
We also utilize a network of affiliated professional consultants such as accountants, appraisers, business consultants, and technology consultants to provide our clients with specialized counsel to meet each client’s specific goals, and address each client’s concerns.
More information on small businesses can be found on the following websites:
www.sba.gov/localresources/district/oh/
www.business.gov
http://business.ohio.gov
Domestic relations issues involve important relationships, they are frequently emotionally-charged, and they can be contentious, amicable, or something in-between. With this in mind, we provide comprehensive legal counsel regarding domestic relations issues at all stages of the legal process to protect our clients’ interests and resolve their conflict. We also utilize alternative methods for resolution, including mediation, settlement conferences, and private judging. We have successfully represented clients with:
- Divorce
- Dissolution
- Legal separation
- Annulments
- Adoptions
- Child custody
- Shared parenting
- Child support
- Spousal support
- Property division
- Prenuptial agreements
- Domestic violence
- Parentage proceedings
- Contempt/Enforcement of Court Orders
- Post-decree modification
- Grandparent rights
- Interstate jurisdiction (UCCJEA and PKPA)
- Appeals
While we represent people from all walks of life and have systems in place to effectively represent clients who may have minimal assets, we also have significant experience representing clients in high net worth cases, which are often more complex and require more sophisticated lawyering than a typical divorce or dissolution. Frequently, a high net worth divorce or dissolution will involve one or more of the following, which we are well-equipped to handle:
- Ownership of a business, business interest, or other similar assets that must be valued. Valuation is typically based upon expert opinions. Selecting, working with, preparing, and presenting the case using the right experts is critical, as well as effectively coordinating with an expert to weaken the persuasiveness of the opposing expert.
- Complex financial holdings/history of holdings, requiring detailed forensic research and/or tracing to determine the extent and character of the property (i.e., separate property or marital property).
- The parties’ circumstances are such that in addition to legal issues, there must be consideration given to and coordination with other professionals regarding finances, accounting/tax related issues relative to business entities and ownership, real estate, and employee contract and benefit plans.
- Significant risk of support maintenance exposure exists for either party.
- One or both parties engage in dramatic or combative strategies
In addition to the legal expertise of our firm, we utilize a network of professionals from other disciplines such as accountants, appraisers, business consultants, pension experts, and psychologists, when necessary, to advocate on our clients’ behalf. Furthermore, we routinely employ alternative methods to the traditional domestic relations process such as private judges, mediators, and counselors in an effort to provide cost-efficient and expeditious results.
Our firm routinely handles all aspects of serious personal injury claims including pre-litigation settlement demands, all phases of litigation including jury trials, insurance identification and coverage issues, subrogation, and appeals. We handle a full spectrum of personal injury claims, including those stemming from or involving the following:
- Automobile collisions
- Drunk driving accidents
- Motorcycle accidents
- Trucking accidents
- Spinal cord injuries
- Pedestrian accidents
- Severe/Catastrophic/Permanent injuries
- Product liability
- Premises liability/Slip and fall
- Brain injuries
- Burn trauma
The death of a family member is a trying time for a family. In addition to coping with their loss, those who have suffered a death in their family due to the fault of another person are confronted with many decisions. Our firm has assisted many families with making those decisions and navigating the legal system. Separate and apart from the family's wrongful death claim, the estate often has survival claims. These survival claims can be litigated simultaneously with the wrongful death claim.
Click here for a diagram of the wrongful death and survival claim process in Ohio.
Our firm has successfully handled a wide variety of litigation related to probate estates. Common issues in probate litigation include:
- Wrongful death
- Missing or embezzled assets
- Disputes as to ownership of assets
- Validity of non-probate transfers
- Will and trust contests – based upon lack of capacity, undue influence, forgery, failure to conform with Ohio law,
- Removal of fiduciaries, including removal based on breach of fiduciary duty,
- Disputes over powers of attorney, living wills, DNR orders
Our firm has represented beneficiaries and fiduciaries and is capable of handling the most complex probate litigation. We also work with fiduciaries’ counsel in assisting with discrete issues as they arise.
Court orders and final decisions given at the end of a trial or hearing are not necessarily the final determination in a case. Many judgments are modified, reversed, or remanded by the Appellate Courts. Our firm prides itself in having the skills necessary to succeed at appellate level, including strong legal analysis, brief writing, and communication skills. We effectively handle appeals that arise from decisions in wide variety of trial cases, including domestic relations cases, business litigation, probate, wrongful death, personal injury, and construction.
We provide case assessments, consultations, and confidential second opinions to individuals and small-businesses who are trying to determine if they have a viable claim, who seek a fresh look on a case in which they are currently involved, or who want to have someone take a second look at their case before investing the time and resources associated with seeking resolution. As the saying goes, two heads are better than one. We excel at thinking “outside the box” to generate creative solutions to stale problems. As a result, we are able to assess whether there is merit in pursuing a claim, provide fresh perspective to someone who is unsure of their current path to resolution, and evaluate a current case plan/strategy employed in a case.
We assist our clients in analyzing and implementing strategies that will enable their assets to be transferred to chosen beneficiaries. Our services include:
- Drafting wills and trusts
- Review, interpretation, and guidance regarding terms of wills and trusts
- Drafting health care powers of attorney, durable powers of attorney, and living wills
- Drafting pre-marital and post-marital agreements
- Business succession planning
We also utilize a network of affiliated professional consultants such as accountants, appraisers, and business consultants to provide our clients with specialized counsel to meet each client’s specific goals and address each client’s concerns.
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