Although lower courts decide issues of first impression in many cases, rulings of the lower courts aren’t final. Plaintiffs and defendants often appeal and take cases to the Appellate Court (court of appeals) for various reasons, including errors in the lower court that result in an unsatisfactory outcome. Typically, you have the right to appeal after a case has been brought to completion at the trial-court level and all channels of review within that court have been exhausted.

OUR ATTORNEYS ARE EXPERIENCED IN APPELLATE LAW

An attorney with experience in appellate law will effectively identify trial-court errors and frame them for the appeals court. When we take a case on appeal, our appellate lawyers carefully review the lower court record to determine which issues are the most promising to use to obtain relief upon appeal. Appellate attorneys then write and present detailed briefs that set forth a party’s position on appeal.

Our skilled attorneys have years of experience in appellate law, and have effectively litigated a wide variety of cases in various courts of appeal. We practice before the Michigan Court of Appeals, the Michigan Supreme Court and several U.S. Courts of Appeals.

WE CAN HELP

Whether you are considering appealing a ruling by the lower court or are a defendant in a case that is being litigated in the appellate court, the legal team at PDKST can help you navigate the often complicated issues that can arise. Some of the services we provide include:

• Evaluation of the basis for your appeal and the likelihood of its success

• Prosecution or defense of your appeal

• Post-judgment settlement negotiations

• Advising and assisting other attorneys in evaluating and pursuing appeals

Our legal team is committed to providing quality legal representation to our clients. We serve the Great Lakes Bay region and offer a wide range of legal services to various communities in Michigan. To learn more or schedule a consultation, please contact Poznak Dyer Kanar Schefsky Thompson, PLC at 989-832-1770.

For matters concerning business law, residents of Midland, MI, should turn to the law firm of Poznak Dyer Kanar Schefsky Thompson, PLC. Whether you are starting your first business and need help managing the paperwork and financing, or you are an accomplished business owner looking to sell your company and move on to the next big undertaking, you can benefit from our legal knowledge and expertise. We give all of our clients personal attention and go to great lengths to craft individualized solutions based on the unique merits of our clients’ cases.

A business lawyer from our firm will meet with you to discuss your business, your future goals, and the kind of resolution you want for any issues that you may have. If you need assistance with starting or organizing your business, we can help you file the right paperwork and walk you through the regulatory and licensing requirements, including environmental compliance issues. We can also prepare and review contracts, so that you can know exactly what the terms of any business deal means for your livelihood – giving you the freedom to take your business to the next level with confidence. We can also help you with:

• Purchasing an existing business

• Liability issues

• Liquor licensing

• Employment policies and procedures

• Employee terminations

When it comes to business law, you can put your trust in the legal team at PDKST. We see clients from Saginaw to Midland, MI and all surrounding areas. We represent individuals, partnerships, limited liability companies, and corporations alike. No matter what your business is, or how long you have been in business, we would be pleased to talk to you about the many ways your business can benefit from our legal guidance. For more information about our legal services, or to schedule your initial consultation, give us a call today.

PLACING YOUR CHILD’S BEST INTERESTS AT HEART

Patrick D. Schefsky is the child custody attorney at Poznak Dyer Kanar Schefsky Thompson, PLC. He firmly believes child custody should be about the welfare of children. We know you always want to do what is best for your child, and our attorneys are prepared to give you the information and assistance you need to ensure that your child receives the best possible care. Our law firm has years of experience in family law in the Mid-Michigan area. As engaged members of the Great Lakes Bay Region, we are passionate about helping your family work toward a resolution that benefits both you and your child.

The process of winning a child custody court case, whether determining initial custody, increasing or regaining custody, should demand careful consideration. At PDKST, our goal is for all parties involved to resolve their differences and come to amicable decisions regarding visitation rights, hours of visitation, as well as the right to full or joint custody. Decisions may be based on the child’s schedule and special needs. Should an amicable decision not be attainable, we will help you determine the best path forward, in the best interest of your child.

Do you or your company create or use any of the following?

• Literary works, including software, books, articles, website content, etc.

• Musical works, including any accompanying words

• Pictorial, graphic, and sculptural works

• Motion pictures and other audiovisual works

• Sound recordings

• Architectural work

• Other original, creative works of authorship

If you or your company are in the business of creating any of the above, copyright law can help prevent others from copying your product and benefiting from your work and creativity.

If you or your company are in the business of using or selling any of the above, you may be liable for copyright infringement if you don’t secure the appropriate permission from the copyright owner, unless the copyright has expired. In some cases, a court may award statutory damages of $150,000 for infringement.

If you are a content creator, we can help you to protect and enforce your copyright, including registering your work with the U.S. Copyright Office. Registering your copyright early can enhance your recovery from infringers, so if possible, contact us before publication of your work.

If you are a content user, we can help you to determine whether a work is subject to copyright and to help you get the licenses you need to avoid costly litigation or damages.

The civil litigation lawyers at Poznak Dyer Kanar Schefsky Thompson, PLC in Midland, MI offer clients a broad base of experience and expertise in disputes involving contracts, business transactions and corporate governance; municipal, land use, and zoning matters; real estate transactions and development; probate matters; and construction. This experience allows us to focus on issues unique to our clients’ industries or personal situations and to develop innovative solutions to address their needs. Because of our commitment to the client’s best interests, our goal, whenever possible, is to avoid litigation, which can be costly and time consuming for our clients.

Therefore, in addition to traditional litigation services, our attorneys may assist you with alternative dispute resolutions, which include arbitration, mediation, and other facilitative procedures. Our litigators’ success is based on extensive experience and our commitment to establishing strong personal relationships between attorneys in the firm and the individual client or decision-makers within client companies. Poznak Dyer Kanar Schefsky Thompson, PLC has worked with companies in virtually every area of business, including manufacturing, financial services, franchises, construction, demolition, transportation, telecommunications, retail trade, and environmental services. Our attorneys have successfully tried cases involving breach of contract, commercial fraud, shareholders’ rights, employment, and land use, just to name a few.

Our litigators handle cases in state and federal courts, representing publicly traded and international companies, closely held family businesses, and individuals. Poznak Dyer Kanar Schefsky Thompson, PLC civil litigation lawyers also possess the unique skills required to effectively handle appellate work. Located in Midland, MI, we practice before the Michigan Court of Appeals, the Michigan Supreme Court, and Federal Courts. Let us help you with your litigation needs.

Navigating a divorce can be a stressful situation. That’s why you need a divorce attorney Midland, MI residents depend on. At Poznak Dyer Kanar Schefsky Thompson, PLC, we pride ourselves on providing experienced counsel and support to our clients throughout Midland, MI, Bay City, MI, and the Great Lakes Bay Region. As a client, you will work directly with a family law attorney who will guide you through every stage of the divorce process, from child custody to the distribution of assets. We understand that going through a divorce is an emotionally taxing experience, and we are committed to providing you with positive results and peace of mind.

Spousal Support

Spousal support or alimony can help a spouse who may have spent years outside of the workforce maintain the standard of living they’ve had during the marriage. Either spouse may pay or receive spousal support, depending on their income. Support may be temporary or permanent; depending upon the circumstances spouses may find themselves in after the divorce. At Poznak Dyer Kanar Schefsky Thompson, PLC, our trusted divorce attorneys can help you decide if seeking spousal support is in your best interest.

Distribution of Assets

Deciding who will receive marital possessions such as a home or vehicle can be a contentious question during divorce proceedings. If a couple is able to agree upon the division of assets, the court will take their wishes into consideration. Our divorce lawyers are skilled in helping you mediate the process if tension arises when dividing shared property.

Child Custody

Quite often, the distribution of child care and custody is the most difficult issue for couples to agree upon. There are a myriad of issues to consider during a child custody case: The types of custody, child support, who has the final say on all life decisions and if they will be made together. At Poznak Dyer Kanar Schefsky Thompson, PLC, our legal team is experienced in guiding you through the negotiation process to help you make the best decision.

When you hire Poznak Dyer Kanar Schefsky Thompson, PLC, you will receive personalized service from the divorce attorney Midland and Bay City, MI residents rely on. We have the manpower to handle all of your legal issues, including estate planning, real estate law, and business law. As members of the Midland County Chamber of Commerce and the state and city bar associations, we are dedicated to guiding our community members through major life events with sensitivity and compassion. Give us a call today to discuss your options and let us know how we can help.

The elder law attorneys at Poznak Dyer Kanar Schefsky Thompson, PLC in Midland, MI are experienced in all aspects of elder law, including wills and living wills, long-term care, Medicaid, and nursing home issues.

Long-Term Care Planning

Careful planning is essential to ensure that your long-term care needs are met with minimum disruption to the standard of living of your spouse and loved ones. Long-term care includes in-home care by professionals and/or your family, assisted living, nursing homes, and senior day centers, to name a few options.

It is vital to discuss your goals and values with a qualified elder law attorney to make sure that your wishes are carried out. Do you want to qualify for Medicaid coverage for your nursing home expenses, allowing your spouse to keep as much of the family income and assets as possible? Do you want to consider long-term care insurance to protect the rest of your investments and hopefully avoid nursing home care at all? Do you have family members who are willing to provide substantial care, but need some guidance and relief from local professionals? Your attorney is connected to the resources of the community and has worked with families in a variety of circumstances.

Planning for Incapacity

You always hear people talking about “avoiding probate” at death, but few realize that it is much more important, and easier, to avoid a “living probate” in the event of your incapacity. If you are unable to manage your own affairs due to ill health or declining mental faculties, no one, not even your spouse, has the authority to act for you without court consent. Your spouse, family member, friend, or a stranger will have to be appointed to make decisions for you in a public hearing at expense to you and your family. You can take charge and prevent this process by asking your estate-planning attorney to draft up-to-date business and healthcare powers of attorney.

If you’re looking for information on Medicaid, are considering long-term care for yourself or a loved one, or need help with estate planning, the elder law attorneys at Poznak Dyer Kanar Schefsky Thompson, PLC serving Midland, MI and Bay City, MI are here to help with all your legal needs.

WAGES AND HOURS

We work with both employers and employees to ensure compliance with state and federal wage and hour laws. Overtime, compensable time, employee breaks, and determining who is exempt and non-exempt are complicated issues, and we can provide you with guidance.

These days, proper estate planning is essential. It’s the only way to ensure that the ones who matter to you the most – your spouse, children, and other loved ones – are financially and legally protected in the event of an unexpected tragedy. At Poznak Dyer Kanar Schefsky Thompson, PLC, we help clients from Saginaw to Midland, MI make sure that their life savings are secure and wishes are respected in any contingency, whether it’s a life-altering disability, long-term hospitalization, or death.

Estate Planning

When you come to us, an estate lawyer from our firm will take the time to discuss the particulars of your case with you and talk to you about which of the many legal solutions available are the best fit for your goals. If you or your spouse has been married previously, we can craft a legal document that spells out exactly how you want to distribute your estate, avoiding messy family disputes. For families with young children, you can arrange for guardianship from someone you know and trust. And if you have children or grandchildren with special needs, we can help you plan your estate in a manner that doesn’t disqualify your loved ones from receiving benefits. Other ways we can assist clients include:

• Minimizing estate taxes

• Avoiding probate

• Naming a professional fiduciary

• And much more.

Estate planning isn’t just for millionaires. It’s for parents who want to make sure their young children are taken care of, and that their adult children receive their fair share of the inheritance. It’s for husbands and wives who want to be sure that their spouses are able to afford funeral expenses or hospital bills. It’s for anyone who wants the peace of mind that comes from knowing that, in the event that something unexpected happens, your wishes will be carried out and your loved ones will be taken care of. If you live in the Saginaw, Bay City, or Midland areas, the attorneys at Poznak Dyer Kanar Schefsky Thompson, PLC can assist in the estate planning which best fits your needs. Don’t put it off for another day – call Poznak Dyer Kanar Schefsky Thompson, PLC today and schedule your initial consultation with us today.

From the division of property to spousal support, there are many decisions to make when you are faced with a divorce or legal separation. During a time that may be emotionally taxing and stressful, the skilled divorce attorneys at PDKST Law Firm will guide you every step of the way and help make the process less complicated for you and your family.

Separation and Divorce

The law regards marriage as a legal relationship between two people, and many different legal issues can arise when a marriage is dissolved. An experienced divorce attorney can assess your case, negotiate the terms of your separation or divorce and help you reach a fair settlement.

If an agreement can’t be reached, our skilled and knowledgeable divorce attorneys will work with you to navigate the sometimes complicated family court system. We will fight for your rights and protect your interests to ensure that you get an equitable resolution in all aspects of the dissolution of your marriage.

Our Services

With years of experience, our attorneys and support staff understand that coping with divorce can be frustrating and put the well-being of your family and property at risk. We are dedicated to empowering you with the information you need to make informed decisions about the issues you are facing.

Our family law services are designed to help you understand the legal options and strategies that may be employed to reach the best outcome in your divorce. We offer personalized attention to our clients, and can assist you with any or all of the following services:

• Separation (known as Separate Maintenance in Michigan)

• Divorce

• Equitable distribution of marital property and debts

• Division of jointly-owned businesses

• Revision of wills

• Child custody and visitation

• Child support

• Spousal support and alimony

• Prenuptial agreements

• Separation agreements

• Mediation

• Alternative Dispute Resolution

Every divorce case is different, and our knowledgeable and understanding divorce attorneys will give you the specialized attention you need to navigate the separation and divorce process. For more information or to schedule a consultation, contact PDKST Law Firm in Midland, MI today.

PDKST’s Municipal Practice Group provides legal representation to numerous county, city, township and village governments of all sizes, as well as development authorities, road commissions, mental health boards, and other similar public entities. These attorneys handle zoning and planning, drafting and enforcing ordinances, municipal finance, special assessments, public improvements, real estate and litigation.PDKST also counsels municipalities and school districts in Open Meetings Act and Freedom of Information Act compliance.

Nonprofit organizations are impacted by the legal issues faced by for-profit businesses, and they must also be aware of the many additional laws that are special to nonprofit organizations. What legal structure should a nonprofit organization have? How do you register your charitable organization? How does your nonprofit organization obtain tax-exempt status from the IRS, and once your organization is tax exempt, how do you maintain that status? Do your leases and contracts protect your organization’s interests? Are your employment policies and practices legal? Are you handling your funds in compliance with the law? What fundraising methods are available to your organization? We can help you understand these issues and give you the advice and legal tools you need to make your nonprofit organization run smoothly.

Our registered patent attorney, Bob Corbett, has 20 years of experience successfully preparing and prosecuting patent applications for clients ranging from start-ups to large corporations. He has written and prosecuted patent applications for a range of technologies, including fuel cell vehicles, hybrid-electric powertrain systems, electric vehicles, vehicle interior systems, vehicle safety systems, robotics, outdoor recreational products, and construction tools. With an engineering background and a passion for helping clients protect their ideas, he can develop a patent strategy appropriate for your objectives.

If you or your business have developed a new product, a new process, or an improvement to an existing product or process, obtaining a patent could help you or your business monetize your innovation by giving you the right to stop others from copying your invention. If you are in the business of making, using, or selling the products, a patent will give you a significant advantage over your competitors. If your invention has value but you do not want to go into the business of making, using, or selling the invention, you may be able to license the patent.

The process of applying for a patent is long and complicated. It takes extensive knowledge and skill to navigate the process to avoid losing patent rights and ensuring that any patent issued is commercially valuable. And because patent rights can be time-sensitive, contacting us early in the process is important.

We can help you every step of the way, from determining your likelihood of success in obtaining a patent for your invention, to preparing and filing effective provisional and non-provisional patent applications, and to interacting with the patent examiner to advocate on your behalf. We can also help you license your patent and advise whether your activities would infringe an existing patent.

Upon death of an individual, we provide post-mortem administrative services including: Assisting with the handling of a trust or probate estate and the collection of assets, payment of claims and ultimate payout of assets Determination and/or appraisal of assets for purposes of estate tax issues and distribution to beneficiaries Review and consideration of income and estate tax consequences and recommendations to minimize these taxes Preparation and filing of the decedent’s final income tax returns, the income tax returns of the estate and/or trust and the federal estate tax return, if necessary Our probate/trust administration services are charged on an hourly basis as opposed to a percentage of the estate.

The lawyers at Poznak Dyer Kanar Schefsky Thompson, PLC are committed to providing our clients with legal representation for a wide range of issues. One of our most important areas of practice is real estate law. Every day, developers, commercial business owners, single-family homeowners, landlords, tenants, and condo owners find themselves in need of legal counsel on matters related to their real property. For residents of the Great Lakes Bay Region, PDKST offers expert legal guidance and representation to clients who need solutions. We understand that when life gets complicated, you want trusted advice from a knowledgeable source. That is just what you will get when you turn to us.

Our lawyers can assist clients with issues that arise from the purchase, sale, or development of commercial and residential properties, as well as related monetary matters like leasing and financing. Whether you own a large commercial property, are a business owner setting up a new shop, or a first-time homebuyer looking to make sure that the house of your dreams doesn’t contain any unwanted post-closing surprises, our legal team can provide you with the guidance, documents, and representation that you need.
Our residential real estate work often deals with landlord-tenant issues, property line disputes, and the sale and purchase of homes. Our commercial work is focused on the development, purchase, and leasing of commercial properties, as well as zoning issues. We will work closely with you to develop a strategy that fits your goals. We can offer you assistance with all of the following:

• Mortgage loans and foreclosures

• Construction loans

• Property taxes

• Land use and zoning issues

• Landlord-tenant relations

• Much more

Business Tax Planning

We provide business tax planning models designed to keep you current with constantly changing business tax laws and regulations. With careful attention to your needs and specialized knowledge of tax laws, we can identify options and evaluate their merit for your business tax planning. Business tax planning should provide three benefits. It should:

• Address all changes in the relevant tax codes;

• Maximize every potential for savings; and

• Be done by professionals with experience and access to all appropriate information.

No business should have to carry an unnecessary tax burden when it can be avoided through planning and accurate preparation of returns. As advocates for your business tax concerns, we are prepared to develop a strategy and litigate your position if necessary.

Estate and Gift Tax Planning

When you die, your assets and property should be distributed according to your wishes, without unnecessary taxes. Whether you have a small or large estate, we can provide a plan that is custom tailored to fit your individual needs. In order to properly implement your wishes, we provide experienced service in pre-death and post-death tax planning.

The absence of estate planning can result in unnecessary taxes. Transferring assets to trusts and utilizing beneficiary designations can be effective methods to achieve estate and income tax savings. Estate planning techniques include the use of marital trusts, irrevocable life insurance trusts, charitable remainder trusts, Crummey trusts, gifting programs and family limited liability companies.

If you sell goods or services, you probably use a trademark. A trademark is a word, phrase, symbol, design, or a combination of these things, that identifies your goods or services in the marketplace. Trademarks are important to your business because your trademark is how customers recognize you in the marketplace and distinguish you from your competitors.

With trademarks playing such a crucial role for most businesses, selecting the wrong trademark or failing to take steps to protect it can be costly. If you infringe someone else’s trademark, you will likely have to change your trademark, which may involve significant costs and customer confusion. You could also be liable for monetary damages. If you select a weak trademark or fail to protect it properly, others could use the same trademark or a similar trademark, diminishing your brand.

Navigating the world of trademarks can be complicated. For example, even if your business name is available at the Michigan Department of Licensing and Regulatory Affairs (LARA), it could still be an infringement of someone else’s trademark if you use it on or in connection with the sale of your goods or services. Similarly, you could be infringing someone else’s trademark even if you don’t find an exact match after searching the U.S. Patent and Trademark Office.

Our experienced trademark attorney is here to help you. For new businesses, or businesses thinking about rebranding, he can help you select a strong trademark, and then take steps that are appropriate for your business situation to protect your new trademark, including registering the trademark with the U.S. Patent and Trademark Office.

For existing businesses, he can advise you how to protect the trademark you have, including registration with the U.S. Patent and Trademark Office.