The attorneys of Wilkinson, Goeller, Modesitt, Wilkinson & Drummy practice in a variety of business-related fields, as well as in personal financial and estate planning. The firm recognizes this work as more than execution of instructions or preparations of documents. It is critical for attorneys to interact with clients, anticipate problems, advise of changes in the law and provide counsel when individuals or businesses confront challenges or changes.
Business reorganization, creditor and bankruptcy
With a primary emphasis on protection of creditor’s rights, the firm represents both secured and unsecured lenders whose claims are jeopardized by borrower insolvency. This includes foreclosure of mortgages, mechanic’s liens, collection of commercial debt and proceedings to recover collateral. We also serve the needs of clients whose business or personal finances require a workout, reorganization or bankruptcy. The firm is current on changes in Chapter 7,11 and 13 proceedings and the latest developments in exemption planning.
Formation of business (both for profit and not-for-profit) has been a standard part of the practice, whether for sole proprietors, partnerships, corporations, limited liability companies or other entities. Service includes counseling those clients who are initiating, acquiring or selling business ventures. This practice also entails the critical aspect of business succession planning, a need often overlooked by ongoing business enterprises.
Interaction with an entity’s leadership, often involving family members and generational changes in business leaders, is critical to this practice.
The practice includes work on behalf of financial institutions in both business and litigation settings including document preparation, advice regarding transactions, pursuit of mortgage foreclosures and defense of claims against corporate institutions. In addition, counsel is provided in a broad range including contracts, leases, collection of debts, employment matters, title opinions and financing structure.
Representation of local school districts and other educational institutions includes advice regarding all aspects of educational administration including representation in school contract and other litigation. The firm also represents school employees.
Changes in employment law regularly challenge and daunt business entities. The firm works with clients to anticipate and avoid costly and distracting claims, including early intervention in the complaint process, preparation of effective manuals and policies, and defense of claims in a growing variety of cases covered by federal employment and discrimination law.
Estate/trust planning and administration
Individual financial and estate planning includes a variety of work for clients at any level of net worth from preparation of wills and related documents (powers of attorney, living wills) to more complex estate planning tools (revocable living trusts, irrevocable life insurance or other trusts, other sophisticated techniques of wealth preservation permitted by the Internal Revenue Code). Our firm also assists clients in processing revocable trusts after death or personal representatives with estate administration, including preparation of Indiana and federal death tax returns.
An expanding practice provides individual clients with assistance in a variety of family-related legal matters, including dissolution of marriage, child custody/support, visitation, paternity actions, adoptions, guardianships, and pre- and post-nuptial agreements.
Health care law
Regular counsel is provided to hospitals, physicians and physician groups, affiliated health-care organizations, and peer review organizations on the complex and highly regulated area of health law, based on both state and federal statutory/regulatory requirements. Several lawyers in the firm regularly defend hospitals, physicians and other health care providers in medical malpractice litigation.
The firm has been engaged to assist with governmental entities in a variety of tasks, including creation of personal manuals, management of litigation, personnel matters and general representation on matters involving governmental administration at the local level. The firm also regularly represents clients who require assistance in addressing matters to local, state or federal government officials.
The firm has attorneys certified as mediators by the Indiana Supreme Court. That work includes convening parties to explore means of settling disputes without resort to time-consuming and expensive trials. Attorneys also have participated as arbitrators in disputes where alternative processes are mandated by various contracts or by agreements of parties.
The firm is an agent for Chicago Title Insurance Co. and Stewart Title Guaranty Co. and conducts extensive work in abstract examination, title insurance, document preparation and real estate closings. Our attorneys provide counsel on subdivision ordinance, associations and tax abatement. Financial institutions, business clients and individual clients have engaged the firm for assistance in buying/selling real estate.
The firm provides counseling for clients on a variety of Indiana, Illinois and federal tax issues, including income, sales/use, estate, inheritance, excise and motor fuel tax issues. Client representation has included litigation in U.S. District Court and U.S. Tax Court and appeals from those courts, as well as assistance in audits, protests and appellate conferences.
Members of the firm are experienced in state and federal appellate courts and regularly practice before those courts. This experience includes briefing complex issues ranging from employment law to civil litigation in a variety of applications.