Formation of a Legal Practice
Whether a seasoned attorney with decades of experience in the trenches, or a recent law school graduate exuberant over the prospect of hanging up their own shingle, lawyers appreciate that decisions concerning the form their new venture will directly impact the foundation upon which their professional success will depend. Winter|Trimacco’s business and professional liability attorneys are uniquely positioned to guide attorneys through this formation process and the myriad of related issues, including the governance, tax, liability, insurance, and marketing implications of such choices. In so doing, we provide perhaps the most valuable commodity of all - peace of mind in knowing that it was done the right way to serve your objectives, and that you can devote your energies to growing your new business.
The practice of law is more complex than ever, and the leadership, management, and operational challenges facing a small to medium-sized provider of legal services have become all the more daunting. From simple to complex, from vendor disputes to considerations of merger or acquisition, the litany of operational considerations consuming your attention, and thus detracting from your bottom line, have become never ending. Winter|Trimacco stands poised to offer counsel at a moment's notice intended to swiftly identify the issue and a common-sense path to resolution, allowing you to do what you went to law school to do -- lawyer.
Human Resources & Employment Practices
On a daily basis, attorneys face a similar assortment of employment-related claims as does any employer. For decades Winter|Trimacco attorneys have been at the forefront of litigating such claims, often as counsel of record in the very cases which form the basis for your disgruntled employee's claim. Whether pending before the Equal Employment Opportunity Commission, the Civil Rights Commission , OSHA, the Bureau of Workers' Compensation, the Department of Jobs and Family Services, or another governmental agency, whether venued in state or federal court, or whether premised upon allegations of gender, race, age and/or religious discrimination, sexual harassment, or retaliation, we have fought the battle on behalf of attorneys and are prepared to guide you through the difficulties of the present to a brighter day.
Yet, as successful as Winter|Trimacco has been for decades in defending attorneys against employment-related claims, we strive to work with client-attorneys in a proactive and cost-effective manner to avoid the expense and uncertainty of such claims before they arise. We accomplish this by providing a variety of services, including the preparation of employment applications, employment contracts, employee handbooks, and counseling concerning the hiring process, performance reviews, disciplinary proceedings, terminations, and downsizing. Simply stated, and as any attorney can appreciate in this context, an ounce of prevention truly is worth a pound of cure.
Risk Assessment & Management
As the complexity of the practice of law has grown in recent decades, so has the gauntlet which attorneys must navigate within their practices on a daily basis. Whether occasioned by employees, clients, bar associations, other lawyers, courts, business associates, or your own law partners, knowing the steps to take and when to take them to protect yourself and your practice is critical. In these instances, not only can a misstep spawn disaster, but also bear directly on your future insurability and liability insurance underwriting results. It is at these transformational moments that guidance from Winter|Trimacco is indispensable.
Legal Malpractice Defense
Recent rulings by state supreme courts have improved the landscape for attorneys facing allegations of malpractice. Yet, those same rulings have brought a level of complexity to the defense of such claims which dramatically elevates the importance of the selection of defense counsel. Winter|Trimacco’s attorneys have represented their brethren in matters at every level of state and federal court, and are approved panel counsel for many major professional liability insurance carrier. When your professional reputation and financial interests are at stake, the choice of defense counsel is critical - choose Winter|Trimacco.
One of the most frustrating challenges which small and medium-sized legal services providers face is collecting their hard-earned fees and expenses from their clients. Delinquent accounts receivable can significantly affect the bottom-line profitability of a law firm and can become corrosive to the attorney-client relationship if not handled delicately. Knowing the right way to resolve such an issue so as to maximize timely collection, preserve the attorney-client relationship, and minimize the probability of a counteroffensive in the form of a disciplinary complaint and/or a counterclaim for legal malpractice cannot be overvalued. Winter|Trimacco provides the guidance necessary to allow you to stop chasing last year's fees, and to start earning this year's.
Winter|Trimacco represents law students and attorneys in professional fitness to practice determinations, and those matters before Certified Grievance Committees and the Board of Commissioners on Grievances and Discipline. Client complaints, and Bar scrutiny thereof, take a variety of forms, from a simple letter at the conclusion of the attorney-client relationship, to a formal complaint to, and investigation by, the Bar. Winter|Trimacco has handled countless matters at each point along this spectrum, and is prepared to assist lawyers through this process so as to eliminate or minimize the financial, public relations, and license implications of such an investigation.
Continuing Legal Education
Winter|Trimacco offers a variety of flexible and cost-effective solutions to small firms and sole practitioners' Continuing Legal Education requirements. Whether an on-site program at your office, including those elusive professionalism, ethics, and substance abuse credits presented for your firm's attorney staff, or one of the many CLE programs offered throughout the year elsewhere, let Winter|Trimacco help you and your firm meet your CLE requirements through the most efficient means available.
Alternative Dispute Resolution
Winter|Trimacco offers attorneys a full range of dispute resolution processes and techniques aimed at reaching an agreement with any number of disagreeing parties short of litigation. Whether involving a dispute between the attorney and one of their clients, vendors, employees, or another aggrieved party, and whether resolution of that dispute is sought by negotiation, mediation, or arbitration, Winter|Trimacco works diligently to resolve the subject dispute in order to reduce the transactional costs associated with such a dispute, to ensure confidentiality of the dispute and any resolution reached, and to preserve the relationship between the attorney and the aggrieved party to the greatest extent warranted.
Trial and Appellate Support
Winter|Trimacco offers attorneys and their clients a full range of trial support services, from technology, clerical, and paralegal support, to case assessment and trial counsel services. When attorneys encounter unexpected complexity or surprise in the months and weeks leading up to trial, Winter|Trimacco stands ready to engage at a moment's notice to bridge the trial preparation gap and to eliminate resulting anxiety.
Winter|Trimacco also provides indispensable appellate support to attorneys who regularly do not find themselves in the Court of Appeals or the Supreme Court. In so doing, we utilize the expertise of our appellate lawyers to help attorneys and their clients navigate the complex appellate process. This expertise is derived from navigating countless appeals throughout the state and federal court system. We provide concise, thoughtful, and objective evaluations of the risks and benefits of an appeal as well as any necessary research, brief writing, and moot court and oral argument support which the circumstances may warrant. We also are available to consult with attorneys and their clients regarding post-trial motions and prejudgment interest proceedings in order to best enhance chances of success on appeal.
When attorneys face allegations of malpractice or other professional wrongdoing, Winter|Trimacco is poised to offer timely, cost- effective, and objective review and assessment of those allegations on behalf of the targeted lawyer. Given the recent developments in, and increasing complexity of, the law as it pertains to the conduct of lawyers, Winter|Trimacco is uniquely positioned to offer both confidential consultation and declared expert witness services on behalf of lawyers in a wide variety of legal sub-disciplines.
Commercial Real Estate
Winter|Trimacco’s attorneys offer practical, creative, and efficient solutions to a host of real estate challenges facing lawyers in their daily practice. By offering broad expertise and unparalleled insights into all manner of real estate transactions, including commercial acquisitions, leases, and sales, as well as real estate brokerage operations, Winter|Trimacco provides highly effective assistance to client-attorneys working with real estate brokerages and agents in the listing, leasing, or disposition of commercial property.
Attorneys and their families are not immune from governmental scrutiny, criminal prosecution, and the possible loss of liberty which occasions such circumstances. When your way of life and your license to practice law are at stake, Winter|Trimacco’s prosecutorial and judicial clerk experience stands prepared to guide you through the gauntlet to a brighter day. From a simple inquiry from law enforcement, to a misdemeanor charge of DUI, to a felony indictment that threatens to derail every aspect of your life, Winter|Trimacco’s attorneys are prepared to navigate the path necessary to protect you and your family, having handled every form of criminal matter, up to and including death penalty cases.
Winter|Trimacco’s estate planning attorneys offer lawyers thoughtful and reasoned guidance in the construction of a personal estate plan aimed at protecting a life's work and one's family. Whether the drafting of a power of attorney, will, trust, or other instrument, Winter|Trimacco presents the wise and cost-effective alternative to the temptation which all lawyers encounter to prepare these vitally important instruments themselves. Allow Winter|Trimacco to help you ensure that when you are unable to express your wishes that order triumphs over uncertainty.
Winter|Trimacco’s experienced probate counsel pride themselves on their ability to identify a path to successful resolution on behalf of their client-attorneys when, by virtue of their fiduciary role, those client-attorneys find themselves involved, often through no fault of their own, in a wide spectrum of contested probate matters. Whether by way of early, proactive legal counsel aimed at avoiding litigation, or by way of trial defense when a lawyer's actions and reputation are under attack before the very probate court in which they may practice on a daily basis, Winter|Trimacco stands poised to offer the right probate counsel at the right time.
No law firm is formed with thoughts that today's business partners may become tomorrow's adversaries when the venture does not go as planned. The reality is that such dissolutions, whether amicable or adversarial, are a part of the modern practice of law. When the end is near, having the benefit of experienced legal counsel may mean the difference between terms of separation which provide you peace of mind in your next endeavor, and those which lead to years of regret. Winter|Trimacco is the right choice for legal counsel to have by your side during this transition.