Practice Areas
Adoptions
Adoption is meant to establish a legally recognized lifelong relationship between a parent and a child who are not related biologically.
What are the different types of Adoptions?
There are a number of different types of adoptions including international adoption, registering a foreign adoption, step-child adoption, closed adoption, and arranging other types. In each case, appropriate documents and/or pleadings need to be filed with the court to insure proper and permanent placement of the child.
Whose consent is needed for adoption to occur?
Generally, the birth parents must consent to an adoption in order for it to be legal. At times a legal guardian or an appropriate Government Agency may need to give consent.
What is an Open Adoption?
An Open Adoption means the birth parents will be the ones who participate in the choice of the adopting parents for the child. This is very different from a traditional adoption where someone else determines who would raise the child. In an Open Adoption the adopting parents are identified to the birth parents.
Civil Litigation
Civil Litigation is a legal dispute between two or more parties that seeks money damages or specific performance of contracted obligations rather than criminal sanctions.
What are the various types of civil actions?
Here are a few examples:
- Personal Injury
- Premises Liability
- Fraud
- Breach of Contract
- Trials: Jury & Non-Jury
- Mediation
- Arbitration
How can a civil action begin?
Cases in Court begin with filing and service of a Summons and/or Complaint. The Complaint contains one or more “causes of action”.
What are the stages of a lawsuit? Civil litigation can be divided into different stages which are:
- Investigation
- Pleadings
- Discovery
- Pre-Trial Conferences
- Settlement Negotiations
- Trial
- Appeal
Not every case goes through each stage. Many lawsuits settle prior to trial and many others that reach a verdict at trial are not appealed.
How long can a lawsuit take?
The life span of a lawsuit can range from several months to several years. Discovery is often the longest and most labor intensive stage of civil litigation.
Employment
Employment law covers wrongful terminations, unemployment compensation hearings, sexual harassment, and discrimination on the basis of age, race, ethnic origin, and sex in the workplace.
If you believe you have been terminated for an unlawful reason, you should immediately contact an employment law attorney to address your rights, as some employment law claims are time sensitive and can even expire if not addressed within six (6) months.
The wide umbrella of school law even includes local homeowners challenging the assessed value of their real property as it relates to the obligation to their property taxes. Our firm can represent you during your real estate tax assessment appeal.
Estate Administration
Probate is the process of passing the assets of a deceased person to loved ones. It involves presenting the Will to the Court so that a representative, called an Executor, can be named by the Court.
If there is no Will, an Administrator can be named by the Court to deal with the details of the deceased loved one. The process of probating includes collecting, inventorying and appraising assets, paying and collecting bills, and distributing remaining assets.
What is the role of the Executor?
The Executor is the person named in the Will to carry out the decedent’s wishes as expressed in the Will. The Executor is responsible for getting any real estate owned by the Decedent appraised and paying legitimate estate debts. The Executor would also need to locate important documents such as life insurance policies, bank accounts, pension providers, and any other legal documentation necessary to process the estate.
What is an Estate Dispute?
It is when problems occur during the administration of the estate. A number of different issues can arise among family members during the administration of the estate which could result in Court litigation.
Estate Planning + Elder Law
Estate planning allows an individual to control his/her assets. It provides for efficient transfer of an individual's wealth upon death and also provides for someone's specific wishes to be fulfilled.
Estate planning attempts to eliminate uncertainties over the administration of an estate by reducing taxes and other expenses. Estate planning passes on your wealth to whom you want it to go, when you want them to have it, the way you want them to have it and at the lowest possible cost with the maximum protection from lawsuits and waste.
What is Elder Law?
Elder law is a specific area in estate planning that focuses on the needs of the elderly. It is important that the legal, financial, social and health care needs of the elderly are met.
When is it time to review your Estate Plan?
It is suggested that you review your estate plan approximately every 5 years or when there has been a significant change in your life circumstances. Some examples would be if you get married or divorced, had a child or acquired new assets.
Who needs an Estate Plan?
Whether you are young or old, married or single, a parents or you have no children, you should invest in an estate plan. There is a lot to be gained and more can be lost if you don’t have one. Even if you are young and have limited financial assets, but have minor children, you definitely should have a Will in which you name a guardian of your children if you pass prior to their attaining the age of 18.
Personal Injury
If you are injured as the result of someone else's negligence you can pursue a personal injury claim against that individual or against those responsible for your injuries to compensate you for the damages you suffered.
A personal injury claim can include all types of auto accidents including being a driver or a passenger in a car or truck or on a motorcycle or bicycle. Premises liability cases includes such things as unsafe buildings or grounds.
What kinds of damages can I recover?
If you pursue a body injury claim you may include several types of damages available to you such as pain, suffering, humiliation, distress and economic damages such as lost wages, medical bills and other expenses associated with the loss.
What are the most common personal injury claims?
Motor vehicle accidents are the most common personal injury claims. We represent auto accident clients and almost all personal injury claims on a contingent fee basis.
School Law
School law is a very broad term that covers all issues encountered by a parent or child during the child's education, including special education issues.
Please see our Special Education Law section to address special education questions. By way of example, school law covers truancy issues (for both student and the parent), discipline hearings, such as an expulsion hearing, and issues implicating a student’s freedom of speech or religion.
School law also includes employment disputes between a teacher and the local school district arising out of a contractual issue, discrimination in the workplace, or a union grievance. Be advised however, that a teacher should always check with his or her union representative prior to obtaining private counsel.
The wide umbrella of school law even includes local homeowners challenging the assessed value of their real property as it relates to the obligation to their property taxes. Our firm can represent you during your real estate tax assessment appeal.
Special Education
There is little in life as stressful as a parent or guardian's belief that their child is not receiving the appropriate education.
If your child has an Individualized Education Plan (an “IEP”) or a Section 504 Service Plan and you have a disagreement with the services provided, or lack thereof, then you may need to consult with a special education attorney.
If you disagree with the manner in which your child was evaluated for special education services, the results of said evaluation, or believe your child should be evaluated for services, but the school district has refused, then you may need to consult with a special education attorney.
If you are a party to a due process hearing, then you need a special education attorney. A due process hearing is essentially a trial, the results of which will have a binding effect on your child’s education.
What types of services are available for my child?
Special education covers not only academic exceptionalities, but also behavioral, emotional, psychological, and physical exceptionalities. Our firm takes a holistic approach to treating your child. We will ensure your child has not only a first rate IEP and academic supports, but also a Positive Behavior Support Plan (“PBSP”), and proper transition goals so that your child can move seamlessly into his or her life after high school. We will secure the services needed to give your child the tools to enter college or the skills to enter the working world with the foundations of a trade. If necessary, we will make sure your child has the appropriate speech and language supports, occupational services, and physical therapy. We can secure your child an Independent Educational Evaluation (“IEE”) so that both you and your child’s teachers have a comprehensive report from a psychiatrist or psychologist addressing not only your child’s strengths and needs, but also specific programming recommendations to address such needs.
What can a special education attorney provide for my child and my family?
Our job is to identify with specificity the services your child needs and is entitled to, so that we can work together with the school district or charter school to address the issues efficiently and effectively. Special education is a complicated field, full of not only ambiguous acronyms, but also of complex diagnoses. Daniel Woody has studied child psychology, taught special education, and worked with countless children to ensure they are receiving the appropriate services. Our firm will simplify the process and work to relieve the parents or guardians of the stress they have been experiencing, often times at no, or little, cost to the family. We will negotiate an amicable settlement with the child’s school that leaves the family in a positive relationship with the school and the child in the best position to succeed.
Wills + Power of Attorney
A will provides for an individual to have his/her property distributed at death according to their wishes. Most importantly, the Will also names the individual whom you would designate to carry out your instructions .
Wills also provide a vehicle for individuals with children under the age of 18 to designate guardians of their minor children. It is important to note that a Will only becomes effective upon your death, after it is admitted to probate court.
What is Will Contest?
It is a legal challenge to the Will because someone believes the Will presented is not valid or the Will was executed under undue influence. This means that the deceased was influenced through coercion, duress or fraud to place the wishes of another, rather than his/her own, into the Will.
What is a Guardianship?
A Guardianship grants a court appointed individual the authority to make decisions for an incapacitated individual. A person is deemed incapacitated by a physician when he/she cannot properly care for his/her physical health and well being, maintain their financial affairs or provide for their basic needs. A Guardian will assume control over the finances of the incapacitated person as well as the person.
What is a Power of Attorney?
Power of Attorney is a legal document that authorizes an individual to give authority to another person to act on his/her behalf in a legal or business matters.
What is a Special Needs Trust?
Special Needs Trusts are typically established by parents for their disabled children. Anyone can establish a Special Needs Trust for the benefit of a disabled beneficiary. Creating a Trust under a Will is an inexpensive means to manage and distribute a child’s inheritance. Children with special needs do not have the ability to accept the responsibility to financially manage their assets so therefore their assets are protected and allowed to grow in the Trust.