Being able to obtain a wide range of specialized legal expertise from a single, local law firm can save you time and money. It also gives you greater continuity of service. Our wide range of expertise will serve whatever legal needs you have.
Although lower courts decide issues of first impression in many cases, rulings of the lower courts aren’t final. Plaintiffs and defendants often appeal and take cases to the Appellate Court (court of appeals) for various reasons, including errors in the lower court that result in an unsatisfactory outcome. Typically, you have the right to appeal after a case has been brought to completion at the trial-court level and all channels of review within that court have been exhausted.
OUR ATTORNEYS ARE EXPERIENCED IN APPELLATE LAW
An attorney with experience in appellate law will effectively identify trial-court errors and frame them for the appeals court. When we take a case on appeal, our appellate lawyers carefully review the lower court record to determine which issues are the most promising to use to obtain relief upon appeal. Appellate attorneys then write and present detailed briefs that set forth a party’s position on appeal.
Our skilled attorneys have years of experience in appellate law, and have effectively litigated a wide variety of cases in various courts of appeal. We practice before the Michigan Court of Appeals, the Michigan Supreme Court and several U.S. Courts of Appeals.
WE CAN HELP
Whether you are considering appealing a ruling by the lower court or are a defendant in a case that is being litigated in the appellate court, the legal team at PDKST can help you navigate the often complicated issues that can arise. Some of the services we provide include:
- Evaluation of the basis for your appeal and the likelihood of its success
- Prosecution or defense of your appeal
- Post-judgment settlement negotiations
- Advising and assisting other attorneys in evaluating and pursuing appeals
Our legal team is committed to providing quality legal representation to our clients. We serve the Great Lakes Bay region and offer a wide range of legal services to various communities in Michigan. To learn more or schedule a consultation, please contact Poznak Dyer Kanar Schefsky Thompson, PLC at 989-832-1770.
For matters concerning business law, residents of Midland, MI, should turn to the law firm of Poznak Dyer Kanar Schefsky Thompson, PLC. Whether you are starting your first business and need help managing the paperwork and financing, or you are an accomplished business owner looking to sell your company and move on to the next big undertaking, you can benefit from our legal knowledge and expertise. We give all of our clients personal attention and go to great lengths to craft individualized solutions based on the unique merits of our clients’ cases.
A business lawyer from our firm will meet with you to discuss your business, your future goals, and the kind of resolution you want for any issues that you may have. If you need assistance with starting or organizing your business, we can help you file the right paperwork and walk you through the regulatory and licensing requirements, including environmental compliance issues. We can also prepare and review contracts, so that you can know exactly what the terms of any business deal means for your livelihood – giving you the freedom to take your business to the next level with confidence. We can also help you with:
- Purchasing an existing business
- Liability issues
- Liquor licensing
- Employment policies and procedures
- Employee terminations
When it comes to business law, you can put your trust in the legal team at PDKST. We see clients from Saginaw to Midland, MI and all surrounding areas. We represent individuals, partnerships, limited liability companies, and corporations alike. No matter what your business is, or how long you have been in business, we would be pleased to talk to you about the many ways your business can benefit from our legal guidance. For more information about our legal services, or to schedule your initial consultation, give us a call today.
Patrick D. Schefsky is the child custody attorney at Poznak Dyer Kanar Schefsky Thompson, PLC. He firmly believes child custody should be about the welfare of children. We know you always want to do what is best for your child, and our attorneys are prepared to give you the information and assistance you need to ensure that your child receives the best possible care. Our law firm has years of experience in family law in the Mid-Michigan area. As engaged members of the Great Lakes Bay Region, we are passionate about helping your family work toward a resolution that benefits both you and your child.
PLACING YOUR CHILD’S BEST INTERESTS AT HEART
The process of winning a child custody court case, whether determining initial custody, increasing or regaining custody, should demand careful consideration. At PDKST, our goal is for all parties involved to resolve their differences and come to amicable decisions regarding visitation rights, hours of visitation, as well as the right to full or joint custody. Decisions may be based on the child’s schedule and special needs. Should an amicable decision not be attainable, we will help you determine the best path forward, in the best interest of your child.
ADDRESSING YOUR CHILD CUSTODY CONCERNS
Patrick D. Schefsky is well-versed with the different types of child custody issues which might arise, including support negotiations, visitation, and divorce or separation. Patrick can help you with issues involving your rights as an unmarried (yet legal) parent, or in gaining joint custody, where both parents equally share authority over a child’s upbringing. Another common issue is gaining custody as a single non-biological parent, such as a stepmother or stepfather. With so many decisions to be made, our firm can help you reevaluate your situation.
REPRESENTING YOUR LEGAL NEEDS
We are here to help in any child custody case. Please contact the law firm of Poznak Dyer Kanar Schefsky Thompson, PLC today. We are conveniently located at 143 McDonald Street, in Midland Michigan. Call for an appointment today at 989-832-1770.
The civil litigation lawyers at Poznak Dyer Kanar Schefsky Thompson, PLC in Midland, MI offer clients a broad base of experience and expertise in disputes involving contracts, business transactions and corporate governance; municipal, land use, and zoning matters; real estate transactions and development; probate matters; and construction. This experience allows us to focus on issues unique to our clients’ industries or personal situations and to develop innovative solutions to address their needs. Because of our commitment to the client’s best interests, our goal, whenever possible, is to avoid litigation, which can be costly and time consuming for our clients.
Therefore, in addition to traditional litigation services, our attorneys may assist you with alternative dispute resolutions, which include arbitration, mediation, and other facilitative procedures. Our litigators’ success is based on extensive experience and our commitment to establishing strong personal relationships between attorneys in the firm and the individual client or decision-makers within client companies. Poznak Dyer Kanar Schefsky Thompson, PLC has worked with companies in virtually every area of business, including manufacturing, financial services, franchises, construction, demolition, transportation, telecommunications, retail trade, and environmental services. Our attorneys have successfully tried cases involving breach of contract, commercial fraud, shareholders’ rights, employment, and land use, just to name a few.
Our litigators handle cases in state and federal courts, representing publicly traded and international companies, closely held family businesses, and individuals. Poznak Dyer Kanar Schefsky Thompson, PLC civil litigation lawyers also possess the unique skills required to effectively handle appellate work. Located in Midland, MI, we practice before the Michigan Court of Appeals, the Michigan Supreme Court, and Federal Courts. Let us help you with your litigation needs.
PDKST has a substantial and well-respected creditors’ rights and loan workout practice. This practice group offers a full range of services to protect and enforce creditors’ rights and provides experienced counsel to creditors in both bankruptcy and non-bankruptcy workouts.
PDKST attorneys have represented local, regional and national banks, as well as state and federal credit unions, construction industry suppliers, manufacturers, and equipment sellers and lessors in bankruptcy proceedings, loan workouts, and mortgage and lien foreclosure proceedings throughout the State of Michigan.
Navigating a divorce can be a stressful situation. That’s why you need a divorce attorney Midland, MI residents depend on. At Poznak Dyer Kanar Schefsky Thompson, PLC, we pride ourselves on providing experienced counsel and support to our clients throughout Midland, MI, Bay City, MI, and the Great Lakes Bay Region. As a client, you will work directly with a family law attorney who will guide you through every stage of the divorce process, from child custody to the distribution of assets. We understand that going through a divorce is an emotionally taxing experience, and we are committed to providing you with positive results and peace of mind.
Spousal support or alimony can help a spouse who may have spent years outside of the workforce maintain the standard of living they’ve had during the marriage. Either spouse may pay or receive spousal support, depending on their income. Support may be temporary or permanent; depending upon the circumstances spouses may find themselves in after the divorce. At Poznak Dyer Kanar Schefsky Thompson, PLC, our trusted divorce attorneys can help you decide if seeking spousal support is in your best interest.
Distribution of Assets
Deciding who will receive marital possessions such as a home or vehicle can be a contentious question during divorce proceedings. If a couple is able to agree upon the division of assets, the court will take their wishes into consideration. Our divorce lawyers are skilled in helping you mediate the process if tension arises when dividing shared property.
Quite often, the distribution of child care and custody is the most difficult issue for couples to agree upon. There are a myriad of issues to consider during a child custody case: The types of custody, child support, who has the final say on all life decisions and if they will be made together. At Poznak Dyer Kanar Schefsky Thompson, PLC, our legal team is experienced in guiding you through the negotiation process to help you make the best decision.
When you hire Poznak Dyer Kanar Schefsky Thompson, PLC, you will receive personalized service from the divorce attorney Midland and Bay City, MI residents rely on. We have the manpower to handle all of your legal issues, including estate planning, real estate law, and business law. As members of the Midland County Chamber of Commerce and the state and city bar associations, we are dedicated to guiding our community members through major life events with sensitivity and compassion. Give us a call today to discuss your options and let us know how we can help.
The elder law attorneys at Poznak Dyer Kanar Schefsky Thompson, PLC in Midland, MI are experienced in all aspects of elder law, including wills and living wills, long-term care, Medicaid, and nursing home issues.
Long-Term Care Planning
Careful planning is essential to ensure that your long-term care needs are met with minimum disruption to the standard of living of your spouse and loved ones. Long-term care includes in-home care by professionals and/or your family, assisted living, nursing homes, and senior day centers, to name a few options.
It is vital to discuss your goals and values with a qualified elder law attorney to make sure that your wishes are carried out. Do you want to qualify for Medicaid coverage for your nursing home expenses, allowing your spouse to keep as much of the family income and assets as possible? Do you want to consider long-term care insurance to protect the rest of your investments and hopefully avoid nursing home care at all? Do you have family members who are willing to provide substantial care, but need some guidance and relief from local professionals? Your attorney is connected to the resources of the community and has worked with families in a variety of circumstances.
Planning for Incapacity
You always hear people talking about “avoiding probate” at death, but few realize that it is much more important, and easier, to avoid a “living probate” in the event of your incapacity. If you are unable to manage your own affairs due to ill health or declining mental faculties, no one, not even your spouse, has the authority to act for you without court consent. Your spouse, family member, friend, or a stranger will have to be appointed to make decisions for you in a public hearing at expense to you and your family. You can take charge and prevent this process by asking your estate-planning attorney to draft up-to-date business and healthcare powers of attorney.
If you’re looking for information on Medicaid, are considering long-term care for yourself or a loved one, or need help with estate planning, the elder law attorneys at Poznak Dyer Kanar Schefsky Thompson, PLC serving Midland, MI and Bay City, MI are here to help with all your legal needs.
The employment relationship is fraught with legal pitfalls for the employer. What can you ask potential employees during job interviews? Do your compensation policies meet state and federal requirements? How do you avoid illegal discrimination in the workplace? How should you handle employee terminations to minimize your liability? We can help you to understand these legal issues and to develop policies and practices that comply with the law and reduce your exposure to lawsuits by employees.
Michigan employers can reduce their exposure to lawsuits by making sure their employees are employed “at will.” We can draft these policies for your company to give you this protection from employee claims. However, at-will policies alone will not protect your business from claims of violations of state and federal employment laws. We can help you develop policies and practices designed to avoid these claims.
Wages and Hours
We work with both employers and employees to ensure compliance with state and federal wage and hour laws. Over time, compensable time, employee breaks, and determining who is exempt and non-exempt are complicated issues, and we can provide you with guidance.
We work with both employers and employees to craft, understand, and interpret severance and retirement agreements.
Employment Policies and Handbooks
Illegal discrimination in the workplace can have devastating consequences both for employers and affected employees. We can help you develop policies and procedures designed to avoid illegal discrimination, and we can assist you with investigating complaints. We also consult with employees who have experienced workplace discrimination.
Many times, a written employment contract is advisable to provide a clear understanding of the obligations of the employer and the employee. We can work with you to draft an employment contract that protects your interest.
Noncompetition agreements are legal in Michigan if certain conditions are met. We can work with you to develop noncompetition agreements that reflect the needs of your business and comply with the law.
Beginning and Ending the Employment Relationship
Are your hiring practices in compliance with state and federal law? We can work with you to make sure your hiring process meets legal requirements, whether these involve discrimination laws, drug testing, medical examinations, disability accommodation, or obtaining credit reports or criminal records. Employee terminations are never easy, and the legal pitfalls are many. We can consult with your company prior to a termination to help spot potential legal issues, and help you design a termination package that will protect your company from lawsuits.
These days, proper estate planning is essential. It’s the only way to ensure that the ones who matter to you the most – your spouse, children, and other loved ones – are financially and legally protected in the event of an unexpected tragedy. At Poznak Dyer Kanar Schefsky Thompson, PLC, we help clients from Saginaw to Midland, MI make sure that their life savings are secure and wishes are respected in any contingency, whether it’s a life-altering disability, long-term hospitalization, or death.
When you come to us, an estate lawyer from our firm will take the time to discuss the particulars of your case with you and talk to you about which of the many legal solutions available are the best fit for your goals. If you or your spouse has been married previously, we can craft a legal document that spells out exactly how you want to distribute your estate, avoiding messy family disputes. For families with young children, you can arrange for guardianship from someone you know and trust. And if you have children or grandchildren with special needs, we can help you plan your estate in a manner that doesn’t disqualify your loved ones from receiving benefits. Other ways we can assist clients include:
- Minimizing estate taxes
- Avoiding probate
- Naming a professional fiduciary
- And much more.
Estate planning isn’t just for millionaires. It’s for parents who want to make sure their young children are taken care of, and that their adult children receive their fair share of the inheritance. It’s for husbands and wives who want to be sure that their spouses are able to afford funeral expenses or hospital bills. It’s for anyone who wants the peace of mind that comes from knowing that, in the event that something unexpected happens, your wishes will be carried out and your loved ones will be taken care of. If you live in the Saginaw, Bay City, or Midland areas, the attorneys at Poznak Dyer Kanar Schefsky Thompson, PLC can assist in the estate planning which best fits your needs. Don’t put it off for another day – call Poznak Dyer Kanar Schefsky Thompson, PLC today and schedule your initial consultation with us today.
From the division of property to spousal support, there are many decisions to make when you are faced with a divorce or legal separation. During a time that may be emotionally taxing and stressful, the skilled divorce attorneys at PDKST Law Firm will guide you every step of the way and help make the process less complicated for you and your family.
Separation and Divorce
The law regards marriage as a legal relationship between two people, and many different legal issues can arise when a marriage is dissolved. An experienced divorce attorney can assess your case, negotiate the terms of your separation or divorce and help you reach a fair settlement.
If an agreement can’t be reached, our skilled and knowledgeable divorce attorneys will work with you to navigate the sometimes complicated family court system. We will fight for your rights and protect your interests to ensure that you get an equitable resolution in all aspects of the dissolution of your marriage.
With years of experience, our attorneys and support staff understand that coping with divorce can be frustrating and put the well-being of your family and property at risk. We are dedicated to empowering you with the information you need to make informed decisions about the issues you are facing.
Our family law services are designed to help you understand the legal options and strategies that may be employed to reach the best outcome in your divorce. We offer personalized attention to our clients, and can assist you with any or all of the following services:
- Separation (known as Separate Maintenance in Michigan)
- Equitable distribution of marital property and debts
- Division of jointly-owned businesses
- Revision of wills
- Child custody and visitation
- Child support
- Spousal support and alimony
- Prenuptial agreements
- Separation agreements
- Alternative Dispute Resolution
Contact a Divorce Attorney in Midland, MI
Every divorce case is different, and our knowledgeable and understanding divorce attorneys will give you the specialized attention you need to navigate the separation and divorce process. For more information or to schedule a consultation, contact PDKST Law Firm in Midland, MI today.
Residential and commercial rental properties are typically win-win situations for both parties, providing affordable accommodations for the tenant and regular income for the landlord. If one or both parties fail to meet the obligations of the agreement, the situation can quickly deteriorate. Our lawyers are knowledgeable in the rights and duties of these relationships.
We have helped numerous landlords and tenants in leasing transactions, including drafting, negotiating, and interpretation.
Don’t be fooled by standard form contracts.
Notify and warn
Do you need to notify your landlord of a maintenance issue or deficiency in the property that has gone unresolved for too long? Is your tenant violating conditions of the lease? Is your landlord illegally discriminating based on a protected classification?
Our attorneys will formally inform opposing parties of the conflict and propose a legal resolution.
Termination of Tenancy and Eviction
We regularly represent landlords seeking monetary and possessory judgments against tenants who fail to comply with the lease terms. We pride ourselves on our discretion and respectful interactions with opposing parties, many of whom are typically unrepresented.
PDKST’s Municipal Practice Group provides legal representation to numerous county, city, township and village governments of all sizes, as well as development authorities, road commissions, mental health boards, and other similar public entities. These attorneys handle zoning and planning, drafting and enforcing ordinances, municipal finance, special assessments, public improvements, real estate and litigation.PDKST also counsels municipalities and school districts in Open Meetings Act and Freedom of Information Act compliance.
Nonprofit organizations are impacted by the legal issues faced by for-profit businesses, and they must also be aware of the many additional laws that are special to nonprofit organizations. What legal structure should a nonprofit organization have? How do you register your charitable organization? How does your nonprofit organization obtain tax-exempt status from the IRS, and once achieved, comply with the laws that permit your organization to maintain that status? Do your leases and contracts protect your organization’s interests? Are your employment policies and practices legal? Are you handling your funds in compliance with the law? What fundraising methods are available to your organization? We can help you understand these issues and give you the advice and legal tools you need to make your nonprofit organization run smoothly.
Structure and Governance
When starting a new nonprofit organization, there are many considerations. Should it have voting members? How large should the board of directors be? What committee structure is appropriate? We work with our clients to answer these questions and help the new organization get started.
Registration and Licensing
If you are starting a charitable organization, we will help you get it properly registered with the State of Michigan and help you get a solicitation license so that you can raise funds legally.
Obtaining Tax-Exempt Status
If your nonprofit organization desires tax-exempt status, we work with you to be sure your organization meets IRS requirements and we can prepare the appropriate application for filing with the IRS.
Most new organizations need a home. If you are considering leasing space, we can help you negotiate and prepare a lease that protects your interests and meets your needs.
Employment matters are perhaps the greatest source of legal exposure to your organization. We can ensure you have the policies and procedures in place to reduce risk for your business, as well as assist with all issues surrounding employee terminations.
Do your organization’s activities present special liability issues? We can prepare releases, contracts, and other legal documents that minimize your risk.
We work with you to identify important considerations in contracts and negotiate terms that are favorable to your organization. We can help your organization develop forms that provide consistent terms for multiple transactions.
Believe it or not, taxes can be a major issue for tax-exempt organizations. We can guide you through the intricacies of complying with IRS requirements that allow your organization to obtain and retain tax-exempt status, such as the public support test and minimum distribution requirements for private foundations. We can help you understand the unrelated business income tax and avoid it when possible. We can also help you obtain tax exemptions for your real estate.
We can help you develop gift programs and guide you through the intricacies of gift agreements such as charitable gift annuities, charitable remainder trusts, charitable lead trusts, donor advised funds, and other gift arrangements.
We can help your organization comply with the legal requirements for endowment funds, and help you develop investment policies and endowment spending policies that provide for your organization while honoring donor intent. We work with our clients to develop fund agreements and solicitation materials.
Ending the Nonprofit Organization
Good things may come to an end. We can help your organization comply with the laws regarding ending a nonprofit organization, whether by ending its existence or merging it with another nonprofit.
Upon death of an individual, we provide post-mortem administrative services including: Assisting with the handling of a trust or probate estate and the collection of assets, payment of claims and ultimate payout of assets Determination and/or appraisal of assets for purposes of estate tax issues and distribution to beneficiaries Review and consideration of income and estate tax consequences and recommendations to minimize these taxes Preparation and filing of the decedent’s final income tax returns, the income tax returns of the estate and/or trust and the federal estate tax return, if necessary Our probate/trust administration services are charged on an hourly basis as opposed to a percentage of the estate.
Since Poznak Dyer Kanar Schefsky Thompson, PLC was founded, we have been committed to providing our clients with legal representation for a wide range of issues. One of our most important areas of practice is real estate law. Every day, commercial business owners, single-family homeowners, landlords, tenants, and condo owners find themselves in need of legal counsel on matters related to their real property. For residents of the Great Lakes Bay Region, PDKST offers expert legal guidance and representation to clients who need solutions. We understand that when life gets complicated, you want trusted advice from a knowledgeable source. That is just what you will get when you turn to us.
Residential and Commercial Properties
Real estate law covers issues that arise from the purchase, sale, or development of commercial and residential properties, as well as related monetary matters like leasing and financing. Whether you are a business owner setting up a new shop, or a first-time homebuyer looking to make sure that the house of your dreams doesn’t contain any unwanted post-closing surprises, our legal team can provide you with the guidance, documents, and representation that you need. Our residential real estate work often deals with landlord-tenant issues, property line disputes, and the sale and purchase of homes. Our commercial work is focused on the purchase and leasing of commercial properties, as well as zoning issues. We will work closely with you to develop a strategy that fits your goals. We can offer you assistance with all of the following:
- Mortgage loans and foreclosures
- Construction loans
- Property taxes
- Land use and zoning issues
- Landlord-tenant relations
- Much more
Business Tax Planning
We provide business tax planning models designed to keep you current with constantly changing business tax laws and regulations. With careful attention to your needs and specialized knowledge of tax laws, we can identify options and evaluate their merit for your business tax planning. Business tax planning should provide three benefits. It should:
- Address all changes in the relevant tax codes;
- Maximize every potential for savings; and
- Be done by professionals with experience and access to all appropriate information.
No business should have to carry an unnecessary tax burden when it can be avoided through planning and accurate preparation of returns. As advocates for your business tax concerns, we are prepared to develop a strategy and litigate your position if necessary.
Estate and Gift Tax Planning
When you die, your assets and property should be distributed according to your wishes, without unnecessary taxes. Whether you have a small or large estate, we can provide a plan that is custom tailored to fit your individual needs. In order to properly implement your wishes, we provide experienced service in pre-death and post-death tax planning.
The absence of estate planning can result in unnecessary taxes. Transferring assets to trusts and utilizing beneficiary designations can be effective methods to achieve estate and income tax savings. Estate planning techniques include the use of marital trusts, irrevocable life insurance trusts, charitable remainder trusts, Crummey trusts, gifting programs and family limited liability companies.