Areas of Practice

Adoption Collaborative Family Law Domestic Partnerships

Elder Law Estate Planning Mediation

Probate & Estate Administration Real Estate Small Business

 

Adoption:

The decision to place a child for adoption, or to add a child to a family can be an emotional, exciting, or difficult one.  The process can be fraught with daunting paperwork, bureaucracy and legal hurdles.  We assist biological and adoptive parents with private placement adoptions, domestic agency adoptions, and international adoptions.  We work closely with private adoption agencies, governmental agencies, social workers and individuals.  We counsel clients on the options and consequences of adoptions and help them make the decisions that are right for them and their families.  We draft all necessary documents, including consents, court petitions, and adoption agreements to implement our clients’ decisions and appear in court on motions and to finalize the adoption.

Collaborative Family Law:

Collaborative Law is a method for separating or separated couples to negotiate the details of their separation in a dignified, respectful, non-adversarial manner, outside of the courts.  This method provides an opportunity to be creative in solving problems by helping our clients to identify compatible needs and wants, so that each party receives more of what is important to him or her, rather than fighting over a limited number of conventional options.  This kind of result is made possible by the confidentiality of the process: one can reveal preferences and make concessions without being vulnerable, because in the few instances where the collaborative process fails to produce an agreement, anything that was said or revealed during the process, including experts’ opinions, is confidential and cannot be used in court, and the collaborative attorneys are disqualified from representing the parties in court.  Families who are already separated have found collaborative law to be a useful alternative to court intervention when the parenting plan or support plan needs to be renegotiated.  Collaborative law has also been successful in helping unmarried couples negotiate domestic partnership agreements, dissolve domestic partnerships, and negotiate prenuptial agreements.   For more information about collaborative law, click here. Take this self-assessment survey to help you determine whether Collaborative Law is a good fit for you and your partner.

Domestic Partnerships:

We have extensive experience advising and representing gay, lesbian, and straight couples who choose to live together without marriage, or who are unable to be married.  Often using Collaborative Practice or mediation, we help clients arrive at agreements and review and draft the necessary documents that will give them the protections that the law does not otherwise provide, including: property rights; rights to inherit from one another; rights to act as health care proxies and with power of attorney; custody and guardianship of children; support of each other and of children of the relationship, etc.  When domestic partners separate, we assist them to sort out those same issues and the legal consequences of their separation.

Elder Law:

As baby boomers and their parents age, they confront new legal issues.  With advance planning, many problems and complications that result from loss of mental or physical capacity can be avoided or mitigated.  Options include: powers of attorney; health care proxies; advanced health care directives; living trusts; supplemental needs trusts.  In the event that a loved one is unable to handle his/her affairs and advance arrangements have not been made, we can assist with establishing legal guardianship;  housing and care options; and mediating family disputes concerning care of loved ones.  We meet with families and individuals to help them plan and solve problems related to aging.  Where family members are unable to agree, we offer mediation services to facilitate the difficult conversations and help families achieve resolution of these painful conflicts.  Robin is also eligible to be appointed by the Supreme Court to serve as Guardian of or Counsel for incapacitated persons under the Mental Hygiene Law.

Estate Planning:

Regardless of age, each person needs to plan what will happen to his/her property after death.  If there are children, it is especially important to appoint guardians to take care of the children and their property.  Failure to plan can result in additional legal burdens and challenges for survivors, who are already grieving the loss of their loved one.  We can assist clients to decide how to leave their property after death; to minimize estate taxes; to make arrangements for the care of dependents; to designate proper beneficiaries of life insurance and retirement benefits; and to assure an orderly transmission of their property.  Where dependents are disabled or dependent on governmental benefits, we can help clients explore options to structure their estates so that their loved ones can benefit from their estates, while still remaining eligible for governmental benefits.  We draft all necessary documents and collaborate with financial and other professionals of the clients’ choice or make referrals  where appropriate.      

Mediation:

Often, legal problems between individuals, businesses, or family members can be averted or resolved outside of court with the help of a skilled mediator.  People opt to resolve conflicts using mediation for many reasons, among them:  to avoid bitter conflict;  to focus on their children;  to resolve the matter with dignity;  to save time and money;  to be in control of the process and the outcome.  As a neutral mediator, Robin can facilitate a conversation between the parties in conflict in a manner that allows each party to be heard, be treated with respect, and work together to resolve disputes without the expense, time, and stress of litigation. Robin has mediated disputes involving separating or divorcing couples;  conflicts within families involving care for elders; disagreements between customers and service providers or merchants;  issues between co-workers or bosses and supervisees;  conflicts between neighbors;  etc.  Parties may opt to be represented in the mediation sessions or to be advised in the background by their own attorneys.  If the parties so choose, Robin can draft the contract that memorializes their agreement, including court documents if necessary.  Where parties have reached agreement using a non-attorney mediator, Robin can serve as a scribe, reducing the parties’ agreement to a legally enforceable document, and drafting any other documents necessary to give effect to their agreement.

Probate & Estate Administration:

  When a person dies, the survivors must navigate an often confusing maze of probate, insurance and tax matters.  We meet with the Executor or Administrator of the estate and determine the level of assistance needed to take care of all of the paperwork necessary to settle the estate.  We can also assist other family members or beneficiaries to understand the estate administration process and represent their interests when someone else is administering the estate.  We collaborate with tax and other professionals to minimize estate taxes and achieve an orderly, efficient distribution.  When family members or beneficiaries do not agree, we can mediate the dispute in an effort to resolve the matter without the lengthy, expensive litigation that wastes estate assets and exacerbates the grief and pain of loss.  Robin has been appointed by the courts to serve as Guardian ad Litem to review accountings, wills, and otherwise protect the interests of children and others in estates and Surrogate Court matters.

Real Estate:

We represent clients through all stages of the sale or purchase of real estate, whether for residential or commercial purposes, including: drafting or reviewing the purchase contract; review of the structural inspection report;  examination and approval of the title and survey; checking zoning laws and applying for variances if desired; preparation of deeds; preparation of private mortgages; clearing liens and encumbrances; review of mortgage commitments and mortgage documents; preparation of title insurance through Ticor Title Insurance Company; attendance at closing; assistance with post-closing matters.  We have also represented clients in other matters relating to the ownership or occupancy of real estate, including boundary disputes, zoning matters, negotiating and drafting leases, landlord/tenant and disputes with architects and/or contractors.

Small Businesses:

We help small businessmen and women and professionals determine and create the right structure for their business entities to meet their needs, whether it be a sole proprietorship, a Limited Liability Company, a corporation, Limited Liability Partnership [for certain professionals only], or a partnership.  We have experience in representing clients in the sale and purchase of businesses, conversion from one type of entity to another;  negotiation and drafting partnership agreements, shareholders’ agreements  and LLC operating agreements, and employment agreements.  Our services to small businesses also include: advice and representation concerning employment issues; advice concerning financing and asset protection; collaboration with tax and other professionals; alternative dispute resolution; and commercial litigation.