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The attorneys in the Business Department at SWSL have a combined total of over 60 years in the practice of general transactional law. Because business owners and individuals often have needs that encompass a variety of areas (for example, a business owner may need estate and tax planning advice in addition to general business advice) each of our attorneys can provide advice in any of the areas of transactional law listed below. This breadth of experience allows each of the attorneys to fully understand their clients' unique situations, and to provide assistance with any business and personal matters that may arise over the years we retain 95% or more of our clients and we receive 70% of our new clients as referrals from our current clients, so we know that our method of practice meets or exceeds our clients' expectations.
BUSINESS AND CORPORATE LAW
You've just heard about the "deal of a lifetime" and you've got to get in on it. Perhaps you're ready to quit your job, buy the property, buy the product and/or buy the company, and be your own boss. Or perhaps you already run a successful business, and this deal is going to let you retire earlier than planned.
Entrepreneurs know that owning and running a successful business can be a rewarding and satisfying endeavor. Most entrepreneurs are optimistic people and confident of their ability to "get the deal done." Because entrepreneurs are comfortable with a certain degree of risk, however, they may charge ahead without fully investigating and considering the details behind the opportunity. Unfortunately, many learn too late that they should have done a more thorough and careful investigation when the can't miss-once-in-lifetime-deal turns sour.
The business law partners at SWS&L are entrepreneurs themselves, having run successful law practices for a combined total of 46 years. Unlike large and impersonal national firms, our attorneys directly counsel business owners and would-be business owners. We help our clients negotiate the best terms, conduct due diligence and fully understand all the ins and outs of the deal before they sign on the dotted line. We also have an established referral network of financial, real estate, insurance and other professionals, should our clients need these additional resources. Our clients rely on us for sound business and legal advice at every stage of the business life cycle. If you are thinking of buying or selling a business, restructuring your current business, or need advice about general corporate or management issues, our business attorneys have the legal and business expertise to help you succeed in your industry or professional practice area. We offer the following services:
- Entity formation and owner agreements
- Determination of appropriate legal structure
- LLC, partnership, and corporate formation and operational agreements
- Shareholder and buy-sell agreements
- Business combinations, mergers and acquisitions
- Asset and Stock Purchase agreements
- Security agreements and financing statements
- Employment and compensation matters
- Employment agreements
- Employment manuals
- Severance agreements
- Employment litigation (through our litigation department)
- Assistance with due diligence review of legal, financial and corporate matters
- Good standing review
- Lien and judgment review
- Corporate governance
- Board resolutions and minutes
REAL ESTATE AND LEASING LAW
In today's hot real estate market, it seems as though everyone is buying property. Whether you are a business owner looking to buy or lease commercial space, an individual looking to buy or sell a residence or a vacation home, or an investor looking to buy or sell residential or commercial rental property, our experienced business attorneys can help you navigate through the complexities of real estate transactions. SWS&L offers the following services:
TAX PLANNING, PREPARATION AND LITIGATION
As the old adage goes, tax liability is one of the things in life that is certain to occur. Even so, for a variety of reasons, many individuals and businesses cannot or do not file and pay their federal and state taxes on time. When interest and penalties start accruing, a few missed payments can quickly become an insurmountable debt. Fortunately, we can help these clients negotiate an installment plan or a lump-sum settlement, or file an Offer in Compromise, to reduce or manage their tax burdens. In extreme cases, our attorneys will also represent clients before U.S. Tax Court or the appropriate state court.
Business owners and individuals also contact us to help with proactive tax planning and preparation of their yearly tax returns. Our business attorneys stay abreast of the latest planning techniques and current tax laws, assuring you that we are constantly searching for ways to help you legally manage your taxes. We offer the following services:
ESTATE PLANNING, ADMINISTRATION AND LITIGATION
We recommend that every adult, parent and non-parent alike, and no matter how many or how few his or her assets, prepare a will, a general power of attorney and an advance healthcare directive. For many people, these three documents are all that is needed to establish a basic estate plan that will allow family members and loved ones to carry out their wishes should death or a disabling illness occur. The news media has highlighted examples of those unfortunate families who endure heart wrenching battles when no estate plan exists. Writing and updating your will, power of attorney and advance directive is the most precious gift you can leave your loved ones.
Of course, many people with more substantial personal or business assets want to protect and preserve those assets for succeeding generations, and for these individuals, we recommend more sophisticated planning techniques utilizing a wide variety of trust and tax planning instruments. Also, for those who want to avoid the expense and public nature of the probate process, we provide advice on proper instruments and titling of assets.
As every person is unique, one of our experienced attorneys will meet with you to review your assets, discuss your wishes, and provide advice on an appropriate estate plan. Our attorneys have a combined total of over 60 years of experience in the preparation of the following documents:
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Last Will and Testament
- General (Financial) Power of Attorney
- Advance (Healthcare) Directive
- Revocable Living Trust
- Irrevocable Trust
- Charitable Remainder Trust
- Life Insurance Trust
- Special Needs Trust
- Disclaimers
Upon your passing or that of a loved one, we offer full estate administration services to assist the Personal Representative or Executor throughout the probate process, including the ultimate distribution of the estate assets to beneficiaries and the payment of final expenses as directed in the estate documents. Alternatively, many clients name us as Personal Representative or Trustee in their estate planning documents, evidencing the trust our clients place in us to wind up their affairs and carry out their wishes in an appropriate and timely manner.
Lastly, in the unfortunate event that someone wishes to contest a will or bring a challenge to the terms of other estate planning documents, our attorneys are prepared to assist clients in estate litigation.
ELDER LAW AND GUARDIANSHIP
No one wants to get old, but all of us will. Some of us with "lucky" genes may live to a ripe old age with few health problems. For others, the advancing years will bring an increasing number of health issues that may ultimately require care in an assisted living or nursing facility. As is widely known, the cost of round-the-clock nursing care can quickly deplete someone's life savings. Many clients and their families believe that the federal medical assistance program is their best option for end-of-life care, but interpreting the requirements for qualification can be daunting.
Our business attorneys are here to assist the elderly and those who care about them in managing the financial and emotional burdens brought about by chronic health problems. Our attorneys will analyze the client's financial situation and recommend alternative solutions that will enable clients to qualify for medical assistance as quickly as possible.
Another issue that can occur in the elderly and those who are mentally or physically challenged is the inability to manage one's financial and/or health affairs. For certain individuals, a guardianship of the property or of the person may be the appropriate solution. As the responsibilities of the guardian can be complex and time-consuming, we will thoroughly analyze the client's situation before recommending a guardianship, as another alternative, such as a special needs trust, may be a more appropriate solution. |
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