THE BOLIN FIRM
General Legal Assessment
• ADR/Mediation Preparation
• Bankruptcy: Chapters 7 and 11
• Civil Appeals
• Contract Disputes
• Divorce, Separation & Parental Rights
• Employment Law
• Real Estate & HOA Disputes
• General, Umbrella Consultation & Disputes
• Landlord & Tenant Disputes
• Personal Injury, Property Damage, Intentional Tort
• Professional Malpractice
ADR/Mediation Preparation
ADR stands for Alternative Dispute Resolution. It is an alternative to going to court. There are four types of ADR, namely: Arbitration, Neutral Evaluation, Settlement Conference and Mediation. ADR is a faster, less public, and more amicable alternative to a lawsuit. Arbitration is the most formal of them, but mediation is the most widely used. In mediation or arbitration, your case can be over in months instead of years.
- Is your case right for mediation?
- Choose the right Alternative Dispute Resolution (ADR)
- Do you have an Arbitration Clause in your contract?
- Does your contract require that you go to mediation first?
- What is your objective?
- Understand the rules and guidelines to the mediation process
- Understand costs involved
- Confidentiality
- Identify the issues in dispute
- Are the other parties involved interested in ADR?
- Plan your presentation and supporting evidence
- What is your negotiation strategy?
- Understand what a good settlement looks like to you.
- What happens after a successful ADR?
Bankruptcy: Chapters 7 and 11
Bankruptcy means that you are seeking an opportunity to get a “fresh start” so you can get back on strong financial footing. That often means forfeiting some of your property through a process within the bankruptcy court or negotiating with your creditors within the bankruptcy court. Be sure that bankruptcy is what you want before you hire a bankruptcy lawyer. Once you file, your credit is shot for at least 7 years. You should find out if there are other legal options to deal with your creditors first.
- Collections vs. Bankruptcy
- Types of debts
- Taxes
- Proof of claim
- Preference
- Fraud
- Bankruptcy as a last resort
Civil Appeals
Most trial lawyers represent you through your trial. They will not handle your appeal. An appeal is usually a separate engagement. It is very costly and highly technical. If you lost your case, it is very tempting to blast off an appeal. Be sure that you want to do that. If you lose, the other side can be awarded attorneys’ fees and costs, further compounding your predicament.
- Right to appeal
- Legal basis for appeal
- Time to appeal
- Notice of Appeal
- Writ of Supersedeas
- Briefs
- Oral Argument
- Petition for Review
Contract Disputes
When a breach of contract occurs, it is important to consider all your options. Do not yank out your contract and go the enforcement page first. Is this a relationship you wish to salvage? Are there less combative options? Is the offending party such a repeat offender that only a lawsuit will do? Let’s talk.
- Breach of contract
- Business contracts
- Private disputes
- Interference with contracts
- Partnership disputes
- Non-compete clauses
Divorce, Separation, Parental Rights
Divorce and legal separation come with a great deal of emotion. People are hurt, the family is breaking apart, finances are being torn apart. It is not often that both sides want out. So, there are folks that just want to litigate the other into the stone age. To which the litigation lawyer says, well, now you’re talking! Let’s take a breather. It may be that a lawsuit is the ultimate path. How will you be sure unless you consider all options?
- Separation Agreement
- Parenting, Custody and Visitation
- Support Obligations
- Parental Rights
- Inheritance Rights
- Property Division
- Debts
- Insurance
- Mediation vs. Lawsuit
Employment Law
Losing a job can be devastating. So is on the job discrimination or enduring a hostile work environment. Why were you terminated. Is your employer an absolute monster to deal with? Not all employers are ogres. There are those that want to smooth your path to your next stage. What is your ERISA policy? Do you need to file a complaint with the EEOC. Why are your wages not paid? Are you an independent contractor?
- Wrongful termination
- Discrimination
- Hostile work environment
- Unpaid wages
- Independent contractors vs. Employees
- Marijuana in the workplace
- Paid leave
- Equal Pay
- Harassment
- Retaliation
- Benefits
- Severance
Real Estate & HOA Disputes
So, you move into your “paradise” only to find out it is run by a board on an ego trip. You suffer damage to your home only to be told you can’t rebuild what you want? Your HOA is trying to collect from you and have put your home in non-judicial foreclosure. You can’t get your neighbor to stop being a pest. Someone is using your common area for their business. Do you know about your governing documents? Is it time to get involved in governance of your HOA?
- Property Rights
- CC&Rs, bylaws and rules violations
- Harassment
- Neighbor Disputes
- Common Area Disputes
- Selective Enforcement
- Negligence
- Nuisance (smoking, noise, home business, renters, etc.)
General, Umbrella Consultation & Disputes
There are general disputes that do not fall within any given category like insurance disputes, heirs, estates, or other issues you may be facing.
In insurance coverage, for example, it is often said that your insurance works perfectly as long as you do not need it. All insurance companies are not the same, but there are some that just love to deny coverage. Should your claim be covered? Handling a loss or defending a case when you should be covered can be very costly and stressful. Is it your medical coverage? Is your treatment medically necessary?
For estates matters, are you having issues as trustee or beneficiary of an estate? Do the heirs feel that they are not properly represented? It is prudent to explore where the bottlenecks lie before jumping into unnecessary litigation.
- Estates Matter
- General Consultation
- Trusteeship
- Heirs & Beneficiaries of Estates
- Probate
- Surrogate Proceedings
- Insurance Coverage issues
- Claims Denial
- Life Insurance
- Professional Liability Insurance
- Homeowner’s Insurance
- Renters Insurance
- Auto Insurance
- Medical Insurance
- Dental Insurance
Landlord & Tenant Disputes
The landlord is entrusting premises to the tenant and has rights. The tenant has a right to enjoy the premises without harassment or interference with the tenancy. It is your home, and your home should not be a war zone. Most landlord tenant relations go along swimmingly. However, there are times when friction occurs. How do you handle these? Below are some of the issues that may arise out of the landlord and tenant relationship.
- Rent increases
- Leases
- Deposits
- Evictions
- Security deposits
- Civil harassment
- Nuisance
- Repairs
- Injury in rented property
- Damages to the property including waste
- Habitability issues
- Mold
Personal Injury, Property Damage, Accident, Intentional Tort
When you get injured at work, home, from an accident, in a public place or injured by your doctor, etc., your recovery is uppermost in your mind. When your property is damaged, how should go about fixing it? Is there someone who should be responsible. Most property damage case go along with the injuries sustained. Personal injury lawyers work on contingency mostly. That means that they do not get paid unless they recover for you and then will be entitled to a percentage (normally around one-third) of your recovery. Know your rights before you decide what to do.
- Accidents
- Medical malpractice
- Injury from products
- Injury from premises
- Insurance coverage issues
- Employer liability
- Damage to Property
- Damage to Business
- Workers’ compensation
- Intentional Tort
- Assaults
- Property damage
Coaching Lawyers & Legal Professionals
Ms. Bolin discretely coaches other lawyers in the handling of their cases from inception to finish. She coaches them through settlements, trial preparations, trials and appeals. This service is invaluable to lawyers who get the help they need without having to staff up.
- Litigation strategies
- Discovery strategies
- Settlement strategies, ADRs
- Trial Preparation
- Trials
- Appeals