PRACTICE AREAS

BUSINESS LAW

Business Entity Formation

Choosing to start a business can be a joyous and exciting time, especially for the young entrepreneur. There are tons of decisions to make and one of the biggest decisions is choosing the proper business entity.  As a business owner, you are now faced with a different set of challenges as it relates your personal liability, taxes and legal obligations. 

 

At The Lloyd Law Firm, we have the knowledge and expertise needed to assist clients in understanding the myriad of choices as it relates to setting up your business properly.  From the novice business owner to the seasoned business owner seeking to expand their current business, the attorneys at The Lloyd Law Firm, will assist you every step of the way in developing and implementing an entity formation strategy that is right for you.

 

During the consultation, we will discuss the following types of entities to choose the best one for your business needs and goals:

 - C-Corporations

 - Limited Liability Companies (LLC)

 - Limited Liability Partnerships (LLP)

 - Partnerships

 - S-Corporations

Contact our offices today to speak with an experienced  Berlin attorney or an experienced Chicago attorney about your business entity formation needs!

Real Estate

Thinking of buying or selling a home?  Are you in need of a local Berlin lawyer to assist you? Are you considering going through the home buying and selling process without the assistance of an attorney, in an effort to cut costs and commissions? If so, you could potentially be making a big mistake!

The purchase and sale of real estate is both a time consuming and complicated transaction, especially for sellers.  As the seller, you are responsible for title inspection, title insurance, real estate transfer taxes, deeds, and much more.  As with any transaction involving property, there are bound to be issues that crop up and it is then you’ll want an experienced attorney by your side helping you every step of the way.  Don’t let a few dollars being saved on the front end, turn into a costly nightmare.  Call the attorneys at The Lloyd Law Firm for all of your real estate transaction needs, to make sure your interests as either a buyer or seller, are protected.

Contract Review

Trademark & Copyright 

CIVIL & COMMERCIAL

Landlord/Tenant/Eviction Law

Being a landlord can be both a rewarding yet frustrating experience, especially when dealing with tenants who do not pay their rent on time and as agreed, damages the rental unit or simply does not follow the terms of the lease.  The Lloyd Law Firm LLC is here to help. 

At The Lloyd Law Firm, it does not matter if you are a large-scale property management company or a first time rental property investor, the attorneys at The Lloyd Law Firm have the experience, knowledge and expertise to assist even the savviest of landlords as well as the novice first time investor, through the process of lease drafting and review, code violations and evictions. At The Lloyd Law Firm, we have an excellent working knowledge of the law, the court system as well as the small claims process, whereby we give you, the client, the best possible outcome. 

Flat fee arrangements are available on a case by case basis.

Never spend countless days and nights worrying about an uncooperative tenant.  While the law seems scary and tilted towards the tenants, remember, as a property owner, you have rights too!  Give us a call today and find out how The Lloyd Law Firm can be of assistance navigating the courts and getting rid of problematic renters.

Small Claims and Collections

At The Lloyd Law Firm, we take all client cases seriously.  At our firm, we do not believe that a claim or collection matter is ‘too small’ or unworthy of competent, zealous and professional legal representation. 

Filing a lawsuit is no small task.  When you factor in the time, stress, loss of income and reputational impact a claim can have, it makes having solid legal representation that much more important. Our knowledge and experience will give you the best chance of successfully recovering every dime you deserve.    

Give us a call today to discuss your small claims and collections matter with an experienced and competent attorney.

DOMESTIC RELATIONS

Contemplating whether to end a marriage can be an emotionally draining and frightening time.  Family law can be a complicated process for even the most experienced attorney, much less a Pro Se litigant to navigate alone.  To that end, couples that have decided on divorce without the assistance of an attorney from the outset, often find themselves retaining an attorney much later in the process.  In a perfect world, couples would be able to resolve their issues without counsel, but unfortunately, during the midst of a divorce, judgment is clouded and all ration and reason goes out the window.

 

Let the attorneys of The Lloyd Law Firm help you during your most difficult period to help resolve disputes involving support, custody and other post-decree issues.  Call our office today to make an otherwise difficult process, easier to handle.  Divorce isn’t easy, but having competent legal representation with you during this difficult period makes a world of difference.

ESTATE PLANNING

Wills

It is never easy to discuss with loved ones what to do in the event of your death.  To that end, it should be noted that drafting and writing a will is not just for ‘old’ people.  Whether you are 18 or 81, married, single, children or not, it is important to have a will even if you think your estate is too small or not large enough to warrant a will.  The peace of mind in having a written will in place, benefits both you and your family.   The key is making sure than your loved ones are properly protected and taken care of upon your death.  

A will, quite simply, states your final wishes. A will can also be used to do the following:

 - Name an executor;

 - Name guardians for children and their property;

 - Decide how debts and taxes will be paid;

 - Provide for pets; and

 - Serve as a backup to a living trust

Contact our offices today to discuss how we can help you properly draft a will that protects your loved ones.

Probate

Probate is transferring property after a person’s death.  Before passing away, most people write down their intentions as to how property will be distributed and how certain debts will be paid once they pass away.

Administration of Probate

Probate is a process of the administering an individual’s final affairs and is designed to manage the transferring of the deceased property.  This process is supervised by the court.  Typical property that may be subject the probate process is property owned by an individual at the time of their death, in where the property does not pass to another by ownership or designation (such as an insurance policy or bank accounts which are “payable on death”).

The phrase “probating a will” refers to the process in which an individual can prove to the court that the deceased drafted a will and followed all necessary legal procedures in doing so.  Many seek to avoid the probate process, mainly in order to avoid paying probate fees.   Nonetheless, avoiding the probate process altogether is possible.

There are three key ways in which one can avoid the probate process and its protections:  by having joint ownership with the right of gifts, survivorship, and revocable trusts.  However, the probate process exists to protect all parties involved.

What Occurs in Probate?

The process of probate may be uncontested or contested.  Generally, most issues that are contested arise during the process because of a dissatisfied heir is asking for a share of the decedent’s property that is larger than what he or she is actually receiving.

Arguments that can arise during the probate process are:  the deceased did not have sufficient mental capacity to know what they were doing at the time the will was executed and did not follow proper and necessary legal formalities in the drafting of the will, or the deceased was possibly improperly influenced in making gifts before their death.  However, most of estates that go through the probate process are not contested.

The basics of probating an estate includes:

 - Collecting all probate property belonging to the decedent

 - Paying all claims, debts, and taxes that are owed by the estate

 - Collecting all rights to dividends, dividends, etc.

 - Settling any disputes involving the estate

 - Distribute or transfer any remaining property to the heirs of the decedent

Typically, the decedent will name a person to be executor, who will take over the management of his or her affairs upon death.  If an executor is not named, the court will appoint a personal representative, or administrator, to settle the estate.  This administrator will then fulfill many of the duties listed above.

Usually, a person may leave property to any person they wish and may make such distinctions in their will.  But, depending the laws of the state and the relationship one has to the decedent, the court may have to override the decedent’s wishes.  For instance, in many states a spouse is entitled to a certain amount of the property, or a creditor may have a claim on the estate.  Individual jurisdictions will normally prescribe the length of time that an estate must remain open to allow creditors a sufficient amount of time to present any claims to the estate.  For particularly complex and large estates, this process may last for a longer period of time.

Contact the attorneys at The Lloyd Law Firm today to discuss any will and probate-related questions you may have.

CRIMINAL

OWI

What if it’s my first offense?

 - If this is the first time you’re facing OWI charges in Wisconsin, you may face a fine of $150 – $300, plus substantial court costs.

 - You don’t typically face jail time. That can change if you have a passenger who is less than 16 years old, though. Then you may have to serve up to 6 months in jail.  Also, if you injure someone, you may have to serve a jail sentence.

 - Your driver’s license will be revoked for 6 to 9 months.

 - If you have a blood alcohol content of .15 or higher, you will also have to have your vehicle equipped with an Ignition Interlock device, at your expense.

 - You can apply for an occupational license immediately.

 - You will need to have an alcohol assessment.

 - You may get 6 demerit points on your license.


What are the punishments for the second OWI in Wisconsin?

 - The fine can be up to $1,100, plus substantial court costs.

 - You will serve from 5 days to 6 months in jail.

 - You could have your license revoked for 18 months.

 - Mandatory ignition interlock device.

 - You can’t apply for an occupational license until 45 days after conviction.

 - You have to have an alcohol assessment.

 - You face 6 demerit points on your license.

 

Call out office today to speak with a local Berlin Attorney to discuss and asses your OWI case.

Misdemeanors

In Wisconsin, ‘simple battery’ is defined as the intentional causing of pain to another person without their consent.  Simple battery is a misdemeanor offense carrying a maximum penalty of nine months in jail and/or a $10,000 fine.

There are additional, more serious types of battery in Wisconsin, including:

 - Aggravated Battery

 - Substantial Battery

 

Both Aggravated and Substantial Battery charges are felonies. If the alleged victim receives any of the injuries listed below you will be charged with a felony:

 - Broken bones

 - A laceration(cuts) requiring stitches

 - Internal injuries

Aggravated battery carries penalties of 10-15 years in prison and $10,000 to $50,000 in fines depending on the circumstances surrounding the incident. Substantial battery carries punishments of 3 and one-half years imprisonment and up to $10,000 in fines.

If you or someone you know is facing battery charges, contact our office today to discuss your matter with a competent Berlin attorney.