PRACTICE AREAS

 Alternative Dispute Resolution (ADR) gives parties the opportunity to resolve their disputes outside of the courtroom. Courts of Southwest Florida encourage (and frequently order) the parties to participate in ADR. 

Mediation allows parties in a dispute to hear and assess the views of the other side in a confidential setting. The mediator acts as a neutral facilitator in negotiations to help the parties reach a desirable resolution. The parties retain full control of the mediation and decide whether the case settles. 

Arbitration allows parties to present their positions and evidence to a neutral third party. The arbitrator then issues a decision on the merits of the case. Most often this decision is not binding but gives the parties an opportunity to understand how an independent decision maker views the case. 

Hybrid is a combination of these approaches. The parties present their cases. Mediation is conducted, and if the matter does not settle, the neutral makes a decision as arbitrator. 

ADR gives the parties a better chance of reaching finality sooner and resolving their disputes in a more favorable and efficient way. 

 Schmucker & Lavy works with real estate professionals and title agencies to assist them with legal needs for their real estate transactions, including preparing documents, reviewing issues, and providing advice to help ensure a smooth transaction. We also conduct closings as the closing agent and issue title.

We also assist individuals with the purchase and sale of properties. From negotiations to the contract to drafting documents to closing, we explain the process and ensure your interests are protected. 

The goal behind every project, be it new construction, repair, renovation or buildout, is a smooth transaction with the work well performed and the contractor properly paid. Review of contracts and plans and negotiation of the details can help ensure projects stay on time and on budget. Of course, it sometimes happens that matters do not proceed as the parties anticipated. We are here to help with that as well. The main areas where we see disputes are: 

• Payment. Collecting payment for work performed is sometimes problematic for Contractors. Contracts should be clear as to the requirements for every draw and recovery of retainage.  
• Liens. Related to payment is the security of filing a lien where payment fails. Strict compliance with the statute that allows liens protects the right to payment. The risk, of course is that non-compliance can lead to litigation. 
• Defective work. Florida law allows for notice and resolution of construction defect issues before lawsuits. This frequently involves investigating the nature of the problems and keeping an open mind as to resolving them – be it repair or compensation for the problem. This also can involve insurers of the contractor involved.

Proper representation in the early stages can help to avoid litigation.  We represent homeowners and contractors with a Focus on Solutions as set by the client – avoiding litigation where possible but being prepared to pursue it where necessary.

  Schmucker & Lavy represents small businesses with their general business matters, anywhere from reviewing liability risks, to contracts, to assisting with business disputes.  

Having us as your general counsel means having a lawyer there for your business – on call. This is a critical relationship. You want someone who knows your field and understands your needs – or will diligently learn both. At S&L Legal, we build these relationships one at a time, sometimes partnering with established businesses and sometimes by helping establish new business ventures from the ground up. We assist with many small businesses from, for example:

• Foundational work: incorporation and establishing registered agent, preparation of corporate records or LLC operating plans, obtaining EIN, registration with Florida regulatory agencies and licensure; 
• Day-to-day operations: contracts, early dispute or complaint resolutions, document preparation, insurance or compliance reviews;
• Special circumstances such as the sale of your business, leasing or obtaining leasing of property;
• Risk-assessment and defense of claims: we can help you identify risks to minimize exposure to claims. If a claim is made against your business, we can help get it referred to insurance, or possibly obtain indemnification (where another person/entity is responsible to defend you), and defend you in court if necessary. 

We know the bottom-line matters. Our general counsel agreements provide that your legal fees are based upon your need for input and advice. The Focus is achieving the Solutions you desire as efficiently and cost-effectively as possible.  

At Schmucker & Lavy, we assist clients with preparing trusts and related future planning documents. 

Most people think of estate planning as just a will. However, for many people, there is more to it. Methods exist to avoid future costs, delay and frustration for the beneficiaries of an estate. 

A common feature of trust and estate planning is protecting the interests of the client from tax consequences and preventing the need for probate where possible. At S&L Legal, we start by taking a detailed assessment of the client’s needs and goals and then work with a Focus on Solutions for their achievement. This frequently involves the preparation of documents needed to effectuate their intent or entrust a family member or friend to give effect to their goals. Examples of the issues considered in this type of planning are whether the following documents are appropriate: 

• General Durable Power of Attorney: appointing and authorizing an agent to act on behalf of the principal applicable to non-medical matters during lifetime. 
• Limited Power of Attorney: appointing an agent for specific purpose or duration.
• Advance Directive (Living Will): appointing an agent for the purpose of making medical decisions should the principal become incapacitated
• Trust: establishing ownership of property (typically real estate) to an entity independent of the owner to avoid probate or capacity issues. 
• Deed: direct transfer of ownership or real estate
• Enhanced life estate (Ladybird) Deed: effects a transfer of ownership after death of the principal
• Will: planning for the disposition of the property of the client at the time of death.    

We also provide probate services where needed. 

 People do not want to be involved in lawsuits - we get that. Sometimes, there is not much of a choice. You can choose to take action or accept the situation as it is. We assist clients with disputes, both before filing suit in an effort to reach a resolution, and through litigation if it becomes necessary.

Insurance Claims can be confusing matters. Homeowners’ policies are extensive–many pages of complicated (sometimes seemingly contradictory) language. It can be difficult to understand why an insurer has made the decision it has and what can be done about it. We can help you put your claim together in a way the insurer will understand the merit and the risks. We can help you navigate your claim, suggest ways to resolve claims without suing, and, if necessary, file a lawsuit and litigate the matter. 

Contract disputes can develop in any transaction. Standardized contracts are sometimes a take-it-or leave it prospect. These tend to be long documents, which are better reviewed with counsel before signed. When disputes arise over payments, progress, or quality (usually some combination), you should not be unarmed.

Personal injury. That said, if you are injured in an accident, whether it is a car crash, a fall, or other injury from a failure to provide safe business space, the first thing is to see to your physical recovery and mental well-being. No amount of money is going substitute for your health. Then let’s have a talk.   

Whenever a dispute arises or you are considering a suit, the first step is to make an informed decision. Promptly talking to a lawyer can help you to understand where you stand and make your choice based on knowledge and experience rather than emotion or guesswork. None of this is easy and should not be attempted without at least talking to counsel first. 

The vast majority of litigated cases never make it to trial. But they are time consuming and stressful. The way to achieve a good settlement in any matter is to prepare every case intending to take it to trial. In every case we take, we help you determine the desired result and Focus on the Solution that is right for you–whether it is work to resolve without having to file a lawsuit or litigate the matter. The ultimate decision is yours.