Litigation generally involves disputes that are formally submitted to a Court alleging a wrong committed by one party against another. They vary in complexity and emotion from real estate issues to issues concerning the family. Eberhard, Weimer, Clouse, & Glick’s insurance defense and personal injury litigation has proved the perfect training ground for civil litigation for all types such as: property line disputes, construction contracts, divorces, or contested adoptions. The attorneys of Eberhard, Weimer, Clouse, & Glick have experience in matters of litigation that benefits a large variety of clients and claims requiring the intervention of a Court.
Criminal law involves charges which are brought against a person, for an action which has been classified as a crime. These crimes are further broken down into two categories and are classified as either a misdemeanor or a felony. Felonies may be punishable by a fine, community service, probation and in many cases jail time. Felonies are a more serious offense than a misdemeanor and are punishable by imprisonment exceeding one (1) year whereas misdemeanors are punishable by fines and imprisonment of up to one (1) year.
The charges in criminal law are initiated by a prosecutor on behalf of the state, and not by the victim or police. In a criminal case, the prosecutor must prove beyond a reasonable doubt that a defendant is guilty of the crime charged.
Family Law is an area of law that deals with family relations. Divorces, child custody and visitation matters, child support, spousal support, adoptions, grandparent rights, guardianship, and prenuptial agreements are all areas of family law. Family law can also involve issues of paternity and domestic violence matters. The attorneys at Eberhard, Weimer, Clouse, & Glick have the experience to provide effective legal representations in nearly all facets of family law.
Insurance defense incorporates not only interpretation of the policy of insurance as it applies to the facts of any particular case, but also, protection of the insured policy holder’s rights. Eberhard, Weimer, Clouse, & Glick has long provided services to insurance companies having experience in the areas of complex litigation, multi-party litigation, first party claims, fraudulent claims, construction litigation, auto, truck, and common carrier defense, property loss, school law, municipal law, defense of the state, and discrimination claims. For over thirty years, Eberhard, Weimer, Clouse, & Glick has provided services to the insurance industry in the states of Indiana and Michigan.
Eberhard, Weimer, Clouse, & Glick are proud to be the local counsel for municipalities in our local area.
Our attorneys work closely with the elected officials and employees of the towns to help them in drafting ordinances that are beneficial to their respective communities. We attend board meetings, negotiate contracts and help facilitate projects and beneficial changes in the communities.
Our attorneys stay informed on the continuing changes in state law that have direct effects on the administration of local government. Over the years we have represented towns, townships and county government entities.
Education law is the area of law relating to schools and that deals mainly with schools, school systems, and school boards charged with educating our children.
Bill Eberhard has over thirty (30) years of experience representing local school districts in Lagrange County. Mr. Eberhard has been a crucial participant in contract negotiations and the continuing changes within the area of education law. He has been at the forefront of helping local school districts implement and apply the many changes in statutory requirements over the years.
The states and local subdivisions are primarily responsible for operating the nation’s public school system. Many state constitutions make the public schools a responsibility of the state or local government. Each state develops, maintains and operates its own school system within its own state boundaries, which is why there are significant differences among the states in the management of schools and the mechanism for financing public schools.
Estate Planning is more than just a simple Will. It also typically protects your wealth and assets by minimizing potential taxes and fees, sets up contingency planning to make sure your wishes regarding health care treatment are followed, manages and administers your estate and appropriately distributes your assets to your intended heirs.
On the financial side, a good estate plan coordinates what would happen with your home, your investments, your business, your life insurance, your employee benefits-such as a 401(k) plan or Investment Retirement Account (IRA)-and other property in the event you became disabled, incompetent or if you die. The experienced estate specialists at Eberhard, Weimer, Clouse, & Glick strive to ensure that your best interests are accounted for when managing for finances.
On the personal side, a good estate plan includes directions to carry out your wishes regarding health matters, so that if you ever are unable to give the directions yourself, someone you select would do that for you, and know when you would want them to authorize heroic measures and when you would prefer that life sustaining machines be shut down.
A contract is any legally-enforceable promise or set of promises made between parties. We enter into a variety of contracts nearly everyday. Contracts can cover an extremely broad range of matters, including cell phone service, the purchase of vehicles, buying or selling real estate, the terms of employment or an independent contractor relationship, the settlement of a dispute, as well as many other transactions. Even if you have been presented with a “form” contract, it is a good idea to have an attorney, that is looking out for your best interest, review such a contract. If you are entering into a transaction, it is very important to have a contract drafted that specifically addresses your concerns. There are often many subsequent steps that need to be taken after a contract is entered such as: perfecting a security interest, transferring titles to assets, and the execution of other corresponding documents.
Unfortunately, even with the best laid plans, for a variety of reasons, contracts are unable to be fulfilled. Whether you are the holder of the contract where the other party breached their agreement or you are unable to fulfill the contract, you will need good legal representation.
The attorneys at Eberhard, Weimer, Clouse, & Glick have many years of experience in reviewing, drafting, negotiating and litigating contract issues of all kinds.
Real Estate Transactions
As the countryside develops and the lakes move toward condominiums, real estate law is an important part of the practice of Eberhard, Weimer, Clouse, & Glick From preparing deeds for abstracting companies, to conducting closings for personal clients, Eberhard, Weimer, Clouse, & Glick offers a wide array of legal expertise for issues involving real property. Our attorneys have the experience and competency in real estate transactions involving representation, litigation, consultation, negotiation, financing, 1031 tax- deferred exchanges, residential, commercial, condominium, and lake property. Real estate disputes from adverse possession, prescriptive easements, eminent domain, condemnation, property taxes, property tax sales, title and boundaries are all a part of our real estate attorneys’ special knowledge. Our real estate attorneys also have a great deal of experience in handling construction defect and mechanics liens issues, as well as representing private individuals in front of local boards involving land use, design and review, zoning matters, and special situation permits. At Eberhard, Weimer, Clouse, & Glick real estate has been an important part of our practice for over thirty years.
Elder Law is the area of law, statutes, regulations and decisions, which impact on the lives of older Americans and their families. Elder law encompasses elder care planning issues, such as coordinating private and public resources to finance the cost of care, income assistance benefits, taxation, conservatorship, general estate planning, estate and trust administration issues (e.g., wills, trusts, and probate), counseling and planning for incapacity with medical directives, advanced directives and other alternative decision-making documents, as well as for possible long-term care planning issues, including medicaid considerations, home health care, nursing home care, hospice and respite care.
Cheryl L. Weimer is an experienced elder law attorney at Eberhard, Weimer, Clouse, & Glick.
Thinking of Starting or Organizing a Business?
We know that starting or organizing a business is an exciting time. This is the best time to make plans for a successful business. Choosing an entity is one of the first steps. There are important legal and tax considerations when choosing an entity. Therefore, it is very important to have the advice of an experienced attorney and a knowledgeable accountant. There are informal associations, such as sole proprietorship or general partnership. There are also formal associations, such as corporations, S corporations, limited liability companies, limited partnerships, and limited liability partnerships.
Sometimes, you can start out with a simplex entity that can grow and evolve with you as your business grows and becomes more complex. Business entities can also be very useful as estate planning tools when it is time to consider a succession plan for a business.
Operating Agreements, Shareholder Agreements and Buy Sell Agreements are all additional and very important parts of an effective business plan. It is important to consider how life’s major events, such as death, divorce, disability, disaster or the bankruptcy of a principal of the business will affect the health and viability of the business. It is important to consider these possibilities at the beginning of the business and have a plan in place to address such contingencies before the need arises.
If you are thinking of starting a new business or organizing an existing business, please contact the trusted attorneys of Eberhard, Weimer, Clouse, & Glick. We look forward to working with you and helping you make your business a success.
Our firm represents many businesses and individuals in seeking judgment and collection of a debt owed by persons or other businesses. We have a successful record in the area and take an aggressive approach in seeking collection of debts. Further, we are always looking for new and better practices in the debt collection process to serve our clients best interest.
There are several ways that a person who is owed a debt, known as a “creditor”, can seek collection from the person who owes the debt, known as a “debtor”. Garnishment allows a creditor to collect through taking a portion of the debtor’s property (such as wages) to satisfy the obligation over time. If a creditor holds a “secured interest” in a piece of property, he/she may seek replevin to seize and recover possession of the property. A “secured interest” can be created in many ways, typically where the creditor has sold something to the debtor and gives the debtor possession of the property prior to receiving full payment (ex: bank giving a borrower possession of a vehicle). We are familiar with the process in securing this type of interest, which can widely vary depending on the type of property, sales agreement, and the situation.
Attachment is another limited statutory remedy where a creditor can seize other pieces of property owned by the debtor. A receivership is sometimes setup by the court appointing a third party to administer and dispose of the debtor’s property to the appropriate creditor. This typically occurs where many creditors are involved and with conflicting priorities as to who should get what property.
There are laws to protect both the creditor and debtor from unfair practices, such as the Fair Debt Collection Practices Act for debtors and the Uniform Fraudulent Transfer Act for creditors. The attorneys at Eberhard & Weimer, P.C. are familiar with the laws on both sides to ensure that we are seeking appropriate remedies that are within the bounds of the law, and to ensure that the debtors are not illegally hiding or transferring assets that could be used to satisfy judgments.
Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.
Using mediation to resolve a legal dispute has become a popular alternative to parties who do not want to leave the outcome of a dispute in the hands of a judge. During the mediation process, a third party listens to both sides and tries to help the parties resolve their dispute in a way that can be crafted to fit their unique situation. Mediation is desirable to parties because it provides an outlet to resolve issues where they can have more involvement in the process. Mediation ensures that the parties have more input in the end result than they would if they took their dispute before the courts.
Mediation is extremely helpful in the area of domestic relations. Couples can, for example, design a custody and visitation schedule that works around the parties unique situation instead of possibly being prescribed a one size fits all remedy by the courts. Mediation is also a good way for couples seeking divorce to communicate with each other with a third party present to discuss issues they may have post-dissolution in a non-threatening environment.
In civil suits, mediation is far less costly to the parties than preparing a case for trial. Many parties attempt mediation to avoid the high costs associated with going to trial.