Practice Areas

Litigation 

I pride myself on my ability to represent clients in most areas of litigation. As a matter of practice, I encourage my clients to attempt to resolve all disputes without litigation where possible, since good faith negotiation at an early stage of a dispute may well save the client time, attorney's fees, and other expenses.

In advising clients in this way, I may suggest such devices as arbitration or informal mediation as alternative procedures for dispute resolution. My primary objective is to save clients time and expense while still aggressively protecting their rights. However, when a controversy cannot be settled, I will actively and aggressively prosecute or defend the client's position in court or in arbitration.

I believe there is a time to take a stand and a time to compromise.

Good litigators know the difference.

I represent clients in:

  • Commercial litigation involving contract disputes, lease and real estate disputes, business and contract fraud, accounting actions, actions to dissolve corporations, partnerships and other businesses

  • Will contests, trust and probate litigation

  • Landlord tenant and condominium board ligation

  • Employment matters before courts and state and federal administrative agencies

Creditors' Rights and Bankruptcy
  • Representation of debtors and creditors in Chapters 7, 11 and 13 of the Bankruptcy Code

  • Representation of borrowers and lenders in loan default and restructuring matters

  • Preparation and representation in assignments for benefit of creditors, compromises and other non-bankruptcy insolvency situations

Construction and Mechanic's Liens
  • Pre-contract review and counseling with respect to contractual agreements and documents, as well as contract analysis

  • Preparation of contracts to be used by the individual client and addressing the legal problems of those engaged in construction

  • Evaluation and assistance with respect to delay damage issues and other in-progress construction disputes

  • Preparation and filing of required mechanics lien claim documents and prosecution and defense of lien foreclosure actions

  • Prosecution and defense of breach of contract and mechanics lien lawsuits

  • Representation in construction-related arbitration

Estate Planning

Assistance in identifying, drafting and reviewing wills, trusts, powers of attorney for healthcare and property for individuals, married couples and families.  Draft and record transfer on death deeds and trustee deeds so clients can avoid probate.  Most work is flat fee.   

© 2015 by Julia S. Smolka. Proudly created by Big Shot Marketing.

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