- DivorceFamily law and divorce: When your family situation changes and you need the help of an experienced and compassionate legal counsel, call our experienced Mid-Michigan family law attorneys. We will help you sort through your options and develop a strategy for a cost-effective and timely resolution of your most personal matters.
- Child Custody and VisitationMany divorcing parents are able to reach an agreement with regard to custody and visitation issues. However, when custody is in dispute, the case can be much more complex. For example, custody disputes can be particularly complex and contentious when one parent wishes to relocate with the child.
- GuardianshipI would like to provide an overview of guardianships and conservatorships for adults. There are also guardianships and conservatorships which are established for minors and individuals with developmental disabilities; however, they will not be addressed in this newsletter. The purpose of this newsletter is to provide information and a general understanding of how guardians and conservators for adults are appointed. If a client, however, has a Durable Financial Power of Attorney and a Healthcare Power of Attorney, these court proceedings can be avoided.
- Criminal DefenseIf you were arrested and are facing criminal charges, you likely have many questions about the process and your legal rights. Our experienced criminal defense attorney can guide you through the process, making sure that you fully understand the alleged charges, as well as your legal rights and options.
- DUI/DWIWhether you have been arrested for your first DUI or you are facing the possibility of a prison sentence, the attorneys at Smith Bovill are dedicated to protecting your rights. Contact our Mid-Michigan criminal defense attorneys to discuss your criminal law concerns and to schedule an appointment today.
- Wrongful Death
- MisdemeanorsBefore you accept any plea offer, talk with an attorney who has your best interests in mind. A guilty plea to even a small crime such as a misdemeanor can have serious consequences in other areas of your life. The prosecutor’s office will not take the time to know the full extent of how a “deal” could impact other areas of your life.
- Drug Crimes
- Assault
- Corporate LawBusiness and corporate law: Whether you are a small-business owner looking for help starting your company or a large financial institution with complex transactional needs, our experienced business and corporate attorneys can help your organization reach its goals.
- Mergers and Acquisitions
- Business Formation
- Business DisputesWhether you are establishing a new business, going through a period of growth and expansion, or just working to ensure that your operation keeps running smoothly, an experienced business law attorney can be your best resource.
- Business TransactionsThe environmental lawyers at Smith Bovill are actively engaged in representing a wide variety of clients in environmental law and regulation. Our firm advises clients with respect to environmental requirements, business transactions and permitting. In its practice, the firm has endeavored to develop innovative, cost-effective solutions to clients’ problems. We handle the environmental law needs of business, governmental and municipal clients throughout Mid-Michigan, The Thumb, and the Great Lakes Bay Area in a wide variety of areas. We represent clients throughout Saginaw, Frankenmuth, Bay City, Midland, Flint, Mount Pleasant, Cheboygan, West Branch, Gaylord, Grayling, and the counties of Arenac, Bay, Genesee, Huron, Isabella, Lapeer, Ogemaw, Roscommon, Saginaw, Sanilac, Shiawassee and Tuscola.
- Limited Liability Companies
- Construction Contracts
- Intellectual Property
- Wrongful TerminationMichigan is considered an “at-will” employment state. This means, absent a contract stating otherwise, the employment can be terminated by either the employer or the employee at any time, for any or no reason at all. There are, however, a few exceptions to the at-will employment model where termination of an employee can constitute a wrongful termination.
- Employment Contract“Wrongful termination” refers to an employer terminating an employee for reasons deemed illegal. Exceptions to Michigan’s at-will employment concept include breach of contract, discrimination, and the violation of public policy. The first two exceptions are fairly straight forward. First, a breach of contract exception is when an employer breaches the employment contract when terminating the employee. This often means a procedural or substantive protection the employee possessed while employed was not honored by the employer such as the right to notice, the right to remedy certain issues relating to the employee’s continued employment, etc.
- Real Estate LitigationAndrew D. Concannon and John E. Gannon practice in the areas of business and corporate law, civil litigation, labor and employment law, real estate law, and wrongful termination at SMITH BOVILL, P.C. These articles are intended to introduce various issues arising within this field of practice and are not intended to replace individual legal advice. If you have questions, please contact Andrew or John at the firm’s Saginaw office.
- Construction Litigation
- Real Estate TransactionsWe regularly represent buyers, sellers, developers, borrowers and lenders. Our clients range from individuals, corporations and limited liability companies and joint ventures, to municipalities and public authorities in all phases of the real estate transaction, including purchases and sales, property development, financing, construction, and zoning.
- Eminent DomainGeneral Litigation: Smith Bovill has civil litigation specialists capable of handling all aspects of municipal litigation, including tax appeals, civil rights claims, eminent domain and numerous other areas.
- Land Use and ZoningSmith Bovill has expanded its services in the Energy area in order to meet the needs of its diverse client base. In addition to oil and gas exploration, Mid- and Northern Michigan, including the Thumb, has experienced more interest in renewable energy, particularly Wind generation. In addition to stand-alone wind turbines, Michigan has become a popular area for Wind Farms. Solar farms have also begun developing in the Mid-Michigan area, posing new land use issues to owners of agricultural properties.
- Property Damage
- Condominium Law
- Personal InjuryThe damages available in a personal injury case will depend on the extent of the injury, and other factors such as...
- Medical MalpracticeWhen a doctor, hospital, or other medical provider has harmed you through negligence, you may be entitled to compensation. However, pursuing a medical malpractice claim in Michigan is extremely complicated. Therefore, it is in your best interest to retain an experienced medical malpractice attorney as soon as possible.
- Auto Accidents
- Medicaid PlanningThe firm continues to counsel clients on elder law and Medicaid planning issues regularly as part of its estate planning, probate, and trust administration practice. This letter, as well as all prior letters, are posted on our website at www.smithbovill.com. Please check our web site for any updates to the newsletter and additional information regarding elder law. This letter, and the information on our web site, is intended to be for informational purposes only. As a result of the constantly changing laws in the Medicaid area, the information provided may change. I would be pleased to discuss this, or any other Medicaid or elder law issues, in more detail.
- Dog Bites
- Estate PlanningOur trial attorneys are licensed to practice law in all state and federal courts in Michigan, including the Michigan Supreme Court, the Michigan Court of Appeals, the United States District Court for the Eastern District of Michigan, the United States District Court for the Western District of Michigan, the United States Court of Appeals for the Sixth Circuit, the United States Tax Court, and the United States Supreme Court. Our attorneys are also active in a number of legal and civic-minded organizations, including the American Bar Association, the Michigan Bar Association, the Saginaw County Bar Association, the Michigan Municipal League Association, the Environmental Law Institute, the American Arbitration Association, National Estate Planning Council, and the National Academy of Elder Law Attorneys, Michigan Defense Council, and American Bankruptcy Institute.
- WillsWe have developed a reputation as one of the preeminent law firms in Michigan, and our trial lawyers proudly represent clients throughout Mid-Michigan, The Thumb, and the Tri-City Area of Saginaw, Bay City, and Midland. We are known for offering high quality legal services in a broad range of areas, including: Real Estate, Business & Corporate, Civil & Commercial Litigation, Environmental Law, Estate Planning, Wills & Trusts, Government Regulations & Municipal Law, Health Law, Personal Injury and Wrongful Death Litigation.
- TrustsSometimes there is a child or beneficiary with a disability who is unable to receive an outright distribution, either due to their inability to manage the inheritance, or due to the government benefits they are receiving. A Special Needs Trust is designed to supplement, but not replace, any government benefits that a disabled person is receiving. A Special Needs Trust can provide money for the extras that the person may need, or that may have been provided during a person’s lifetime.
- Power of AttorneyIt is important to discuss with clients whether they have both the Durable Financial Power of Attorney and Healthcare Power of Attorney as part of their estate plan to avoid this probate process.
- Probate
- Bankruptcy
- ForeclosureLending, Security Interests and Foreclosure: Smith Bovill advises clients with respect to the avoidance of environmental liability in connection with the lending of money and the taking of real or personal property as security.
- Tax LawThe 2013 change resulted in 2 major developments that essentially eliminate the need for separate “his and her” trusts in most cases. First, the exemption equivalent is now permanently (as permanent as anything gets in Washington, anyway) set at $5 million per person. Even better, this number has been indexed for inflation (currently $5.4 million). This means in most cases, clients’ estates are not large enough anymore to need tax planning. This is especially true with married couples, whose combined estates must now exceed $10.8 million in order to be impacted by estate taxes.