AREAS OF PRACTICE

In today’s environment, a good business lawyer is a valuable asset. We provide the legal experience to guide you through opportunities, guard against risks, and resolve business disputes before they become legal battles.

As a business firm, we know there are times when litigation is simply unavoidable. We make every effort to head off or resolve conflict early by good business planning, and sometimes by mediation. Sometimes, however, disputes cannot be resolved and you are required to enforce (or defend) your rights in court. In or out of the courtroom, our experienced team of litigators provides the creative and aggressive representation required to reach a favorable, cost effective resolution.

Whether buying or selling an existing business, we can help you achieve your goals. We work with your advisors to determine what documentation needs to be in order for a business entity, ensure that all the issues have been spotted and dealt with, and make every effort to ensure that your transaction is smooth and seamless.

When a fight erupts regarding who gets to take the children, you want experience, integrity, and confidence on your side. These attributes will be on display when Verspoor Waalkes handles your child custody matter.

Our family law team has years of experience dealing with child support issues and guiding individuals and families through this difficult process. Child support is a recurring payment made by a parent to support a child after a marriage or other relationship ends. Proper calculation of a child support payment can be complicated, and without proper representation the party obligated to pay child support can often be forced to pay too much. At the same time, situations also often arise where the party receiving child support is receiving too little. Each case is fact-specific, and our trained family law attorneys would be pleased to review any child support situation that may confront you.

We know litigation can be expensive and time consuming. Sometimes, however, you are required to assert (or defend) your rights in court. We regularly assert and defend our clients’ rights in court, whether in a contract, real estate, personal injury, or other dispute. In or out of the courtroom, our experienced team of litigators provides the creative and aggressive representation required to reach a favorable, cost effective resolution, whether by settlement or verdict.

Unfortunately, despite the best management efforts, sometimes a business requires assistance in collecting receivables and preserving creditor rights. From litigation, construction liens, execution on judgment and judgment liens, bankruptcy rights, and settlement, our attorneys aggressively protect and enforce your rights to collect the money owed to you.

Michigan’s Condominium Act and the associated documents required by it can be confusing for condominium associations, condo owners, and developers. We can assist you with understanding these documents, including the Master Deed and the Association Bylaws. We can also walk you through revisions to meet changing needs. Given the complexity of these documents, they can often be fertile grounds for dispute. We represent both condominium associations and owners, and provide aggressive representation towards an expeditious and cost-effective resolution when disputes develop.

A conservatorship is similar to a guardianship, but pertains specifically to a person’s financial affairs. The situations where a conservator is appointed are often similar to those where a guardian is appointed. However, the conservator does not make decisions for the general welfare of another person, but rather specifically for their financial well being. Often, a conservatorship is accompanied by a guardianship, and we will typically review both options with you.

Under the Michigan Construction Lien Act, a contractor, subcontractor, supplier, or laborer who provides an improvement to real property may be entitled to a lien against the property. Construction liens can be one of the most valuable tools for those in the construction industry to ensure payment. However, the timing requirements and procedures that must be followed can often be complex, and require the help of an experienced attorney to navigate. Our attorneys have the experience and tools to assist you in gaining the maximum protection provided by the Act.

Contracts need to be read and understood. Our attorneys regularly draft and review complex agreements and advise on the best way to protect your interests. We also draft and review real estate purchase agreements, business agreements, consulting agreements, employment agreements, and probate estate settlement agreements. Verspoor Waalkes also has significant experience in contract law litigation, such as insurance disputes, business agreement disputes, lease disputes and trust disputes.

In today’s environment, a good corporate lawyer is a valuable asset. We provide the legal experience to guide you through opportunities, guard against risks, and resolve business disputes before they become legal battles. Forming your company, governance issues, shareholder issues, succession planning, purchase or sale of a business, conflict resolution, and contract preparation and review are all areas where our attorneys provide experienced guidance and advice. We would love to be your “in house” business counsel!

If the United States, the State of Michigan, or a city has charged you with a crime, your freedom, relationships, employment, and future are in jeopardy.  Results never matter more than in a criminal case.  You will not get a second defense.  We have successfully represented many criminal defendants throughout West Michigan, and we will aggressively defend you.

We recognize that there are few things more stressful than a broken relationship. Our family law attorneys recognize this as they provide advice and representation in your divorce action. We will strive to see that everything is taken care of, from start to finish. We are often called upon to clean up issues that have not been properly dealt with during a divorce, such as the title to the house or getting a Qualified Domestic Relations Order (QDRO) properly drafted. Our family law attorneys are keen to try to resolve cases that are ripe for resolution. At the same time, they have no fear of being in front of the Judge when things cannot be resolved to the client’s satisfaction, and our attorneys’ records bear that out.

Employment law is a wide-ranging and diverse field. Generally, employment law covers all aspects of the relationship between an employer and an employee. We routinely represent small businesses with only a few employees and larger companies with many employees. Among other areas, we assist our clients with preparing employee handbooks, navigating complex federal employment regulations, understanding proper hiring procedures and protocol, terminating employees, and utilizing independent contractors appropriately.

One of the most important services you can provide to your family and your business is to have a well thought through estate plan, regardless of the size of your estate. From the small estates to considerations of wealth transfer and preservation, trusts, probate avoidance, business succession planning, or charitable planning, our attorneys provide experienced guidance and advice. Your family and business will be confident and pleased that you have planned well for the future.

Many families at one point or another require assistance with legal needs related to family issues. Divorce, custody, pre-nuptial agreements, adoptions and other legal issues touch our family life. Our attorneys have years of experience in helping people through these situations with thoughtful and determined representation.

A legal guardian is an individual appointed by a court to have authority over another person’s affairs. Guardianships are most commonly utilized when people become incapable of making decisions for themselves, whether due to some illness, disability, mental condition, or other cause. A guardian can also be appointed in certain circumstances for individuals under the age of eighteen whose parents, for one reason or another, are no longer able to care for them. We have represented many families and individuals in connection with guardianship proceedings of all sorts, and we welcome the opportunity to consult with you. Often, a guardianship is accompanied by a conservatorship, and we will typically review both options with you.

We represent both commercial landlords and tenants in disputes, as well as residential landlords. The core of landlord/tenant law in the residential arena is the eviction, the final step after a lease has not worked as the parties originally anticipated. Commercial leases often involve much more than a simple eviction, since the leases involved are often customized and tailored to each specific tenant, and must be carefully analyzed to determine the parties’ rights and obligations. The amounts involved in a commercial lease dispute can be substantial. We urge our clients to seek us out as soon as problems begin to develop with a lease—hopefully before matters have already reached a breaking point.

Our attorneys draft and review leases for both residential and commercial property. Drafting a lease to appropriately meet the needs and expectations of all parties involved can be an art form. Too often, we encounter scenarios where a lease was simply a downloaded form. Rarely do such leases adequately meet the needs of the landlord or the tenant. We negotiate and prepare a customized and understandable lease specific to your situation, and one that you can understand.

We regularly and expertly form limited liability companies for our clients’ businesses. From the simple one-person business or real estate holding entity to the more complex multi-owner manager managed business, we will advise you on the proper documents to create and run your LLC.

We are a business firm, so conflict resolution is in our genes. Sometimes, however, disputes cannot be resolved, and you are required to enforce (or defend) your rights in court. In or out of the courtroom, our experienced team of litigators provides the creative and aggressive representation required to reach a favorable, cost effective resolution, whether by settlement or verdict.

Mediation can be a cost effective and efficient way of settling disputes. Several of our attorneys are trained mediators. We can assist you, formally or informally, with thinking through and structuring a mutually agreeable resolution to seemingly intractable disputes. This can save substantial money, but more importantly, frees you up for other productive endeavors.

Our clients regularly call on us to guide them through transactions as they purchase or merge with another business. We deal with the tax, fiduciary duties, real estate, and practical issues to make the deal close as smoothly as possible.

A power of attorney is a written document that allows the person designated on the document to make certain financial decisions for you, or to represent you in specified matters. Most commonly a power of attorney, called a “durable” power of attorney, is included as part of a comprehensive estate planning package. However, each particular situation should be analyzed to determine whether a durable power of attorney or some other form of power of attorney, or none at all, might be more appropriate.

A prenuptial agreement can help couples who intend to marry define the terms of their relationship and the rights to their separate property in advance. This is often used in second marriages. This type of agreement can define expectations, ease tensions for children from prior relationships, and assist with the planning for an existing family business. Crafting an appropriate prenuptial agreement in advance of your marriage can not only help to avoid many of the difficult issues that unfortunately could develop in a divorce proceeding, but may also simplify the marriage path by defining expectations in advance. Our experienced attorneys would welcome the opportunity to advise you in this delicate area.

When a loved one dies, the complexity of resolving and winding down an estate can be overwhelming. Our attorneys will use their years of experience to guide you step by step through the legal, emotional and practical issues related to this process. We care about families, and helping in what can be a difficult time gets to the heartbeat of why we are here.

This is a niche area that the firm has developed, and we enjoy an excellent reputation among probate attorneys and judges because of our excellent track record. Probate litigation can involve a will or trust contest, but can also involve a dispute over a guardianship or conservatorship. We regularly represent beneficiaries in disputes with fiduciaries. Our success comes because we approach all such cases by preparing for trial from the beginning, with an eye toward settling if it is advantageous economically. Opposing counsel know that we are prepared to try every case, and this gives us the upper hand in settlement discussions.

Real estate law can be complex, and getting it wrong can be expensive. From buying or selling real estate to untangling title issues, resolving tax issues, or determining easement rights, we will work with you to find a solution.

While it may not seem like it now, you will (hopefully) someday be out of your business. We often participate in the “end game” planning. Your succession plan may involve selling the business or transitioning to a key employee or maybe a trusted family member. It should involve your estate plan and question what would happen if your were to die or become disabled. Often, life insurance and tax issues need to be addressed. We cover all of these issues, bring all the pieces together for you, and allow you to have accurate advice in making decisions about the future of your business.

As part of our business, estate, and probate practices, we are regularly involved in tax law. And as part of our corporate and business law work, we always keep an eye on tax issues. Often, clients will want to keep things simple, but the tax issues can make things much more complicated. Tax law can also involve your property taxes, and we have litigators who can appeal your property taxes for you. We regularly fight property taxes in court and our record on appeal is very successful.

We prepare trusts so often that it has become second nature to our attorneys. Trusts are extremely efficient entities when properly used, and we are adept at using them. We prepare Charitable Remainder Trusts (CRT), Charitable Lead Trusts (CLT), Revocable Living Trusts, Grantor Retained Annuity Trusts (GRAT), Qualified Terminable Interest Trusts (QTIP), Marital Trusts, Family Trusts, Irrevocable Life Insurance Trusts (ILIT), Dynasty Trusts, Generation Skipping Trusts, and everything in between.

Your Last Will and Testament is a very important document. However, it is only as good as the paper it is written on unless you have the advice that goes along with it. Your entire estate plan must be coordinated and “in sync” with all related documents, starting with your will. Your will may be a “pour over will” or a “simple will” but you, at the very least, need to understand it. This is where the attorneys at Verspoor Waalkes can help you. We craft your will and estate plan documents and are always available to answer your questions later when they come up.