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Family, Home and Business

Home  sale agreements,

Land use planning  and environmental issues.

Insurance policy claim denials,

Business formations, purchase and sales,

Michigan Liquor Control SDD and SDM License Transfers.

Divorce & Family Law, EPIC litigation, Wills & Revocable Trusts

WHEN DO I KNOW  IF I SHOULD SPEAK TO AN ATTORNEY?

Ask yourself the question: “What’s at stake?” If you run a business,  or own a home, the most obvious answer to the question of when it is a good idea to get legal help is when significant finances and property may be at stake.The most obvious times are if you or your interest in a home or  business is  threatened or you need those interests to be protected by filing a law suit.

Debt Liabilities When Signing As Power Of Attorney
Q. Does having power of attorney make me responsible for the persons debt, medical bills, credit card bills etc?
A. No, not unless you somehow guarantee the debts of the estate. If the person is still living, you do have a fiduciary responsibility to protect the person’s financial well being but not from your own money. Should the person die, the estate assets pay the debts of the estate such as remaining medical bills, funeral bills etc… If the credit card companies are saying otherwise you should contact a lawyer about that as this may well be an illegal debt collection practice.

ARE YOU PLANNING TO PURCHASE AN EXISTING BUSINESS OR STARTING YOUR OWN?
Forming a business entity involves various steps, including pre-formation planning, filing various documents to establish the entity, and implementing a plan to commence operations. Purchasing an existing business often involves careful drafting of assumption and transfer documentation and licenses. Although the corporation historically has been the entity most often used, the limited liability company (LLC) or a professional limited liability company (PLC) formed to render one or more professional services under the Michigan Limited Liability Company Act (LLCA) have gained acceptance as a suitable and often preferred type of business entity. Partners in a general partnership have no liability protection and are jointly and severally liable for all of the obligations of the general partnership arising out of a partner’s wrongful acts or breach of trust and jointly for all other debts and obligations of the partnership. MCL 449.15.When comparing limited partnerships with other entities, probably the most critical element in not choosing the limited partnership structure is the joint and several liability of the general partners for the obligations of the limited partnership to third parties. MCL 449.1403(b).

While you or a family member may often be able to get through an infrequent legal situation such as a civil infraction or ticket, remember the adage “a lawyer who represents themself, has a fool for a client”.  Your lawyer’s most effective benefit is often gained when the attorney is called into service early in the proceeding before the “horse is out of the barn” as the saying goes. In personal injury cases this provides the advantage of gathering and preserving initial and often necessary proofs and evidence, such as photos of the scene, witness identifications and at the scene Res Gestae statements. If you are facing criminal prosecution, what is usually in jeopardy is your personal freedom and liberty.  If you have been arrested or charged with a crime whether it be a misdemeanor or felony, that may include incarceration, a heavy fine or a substantial amount of restitution this is the time you need to speak immediately with an attorney. In criminal prosecutions, this provides constitutional protection guarantees during crucial initial investigations, identification line-ups, searches, seizures, and arrests.

For these reasons, corporations , business and  individuals hire lawyers and keep them on retainer for legal advice and expertise so they are immediately on call and available when needed.

Put this experience and knowledge to work for you NOW:
email prj@prjoneslaw.com.

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