- Divorce
- Child SupportAfter a divorce there can be ongoing issues with spousal support, property division, transfer of titles, retirement division, and other issues between the divorced parties. If there are children involved there can be ongoing disputes over the parenting plan, decision making, child support, additional child related expenses, and other child related issues. Over time most people also petition to modify child support and sometimes petition to modify the parenting plan. A MAJOR issue is when one of the parents wishes to move the children (called relocation) and the other parent does not agree - this could result in temporary motions, legal discovery, a settlement conference, and even a trial.
- Child Custody and Visitation
- Paternity
- GuardianshipI can help someone petition for guardianship for a family member, friend, or person who needs it. The process should be carefully considered and not entered into lightly since the result is to restrict the civil and legal rights of the allegedly incapacitated person. There are alternatives to guardianship that may be available and effective for the situation to avoid the loss of rights and strict requirements of court reporting and accounting. Even if a person is unable to manage their financial or personal affairs they may not need legal guardianship. However, the best way to legally protect someone from exploitation, neglect, and abuse is a court guardianship. Once guardianship has been established, I have been a Certified Professional Guardian in the past and can fully and completely advise the new guardian on what to do and how to do it, including record keeping and court reporting.
- Spousal SupportIf there is any concern of violence or significant negative response by the other party, then a temporary and perhaps long-term restraining order may be necessary. There are methods to get this done with no notice to the other party, but only on a temporary basis no longer than 14 days, and then a full hearing where a commissioner or judge will decide if it should continue. If you are responding to such a petition, then it is critical to prepare a complete and aggressive legal packet (especially if the accusations are false). At the beginning of a divorce, either side can file motions with supporting declarations and other documents for possession and use of funds and personal property, determination of who continues to reside in the existing home, deciding who pays what bills, requesting spousal support, setting what visitation each parent will have with the children, calculating what child support will be paid, and other issues relevant for the first 6 to 8 months. Then there is the legal discovery, judge facilitated settlement conference, and if necessary a trial. During this time there are many other actions and issues with which to be concerned.
- Legal Separation
- Restraining Order
- Business DisputesEvery business has to deal with a myriad of legal issues. You could wait until a problem arises to consult an attorney, but by that time it is likely that the evidence is not complete or as favorable as if an attorney was consulted from the beginning. I can assist you with the very beginning phases of development and establishment of a business - including the legal formation and registration of your business. Not only have I researched many legal areas and issues important to small businesses, but I have also owned and run several small businesses over the years. I know the real day-to-day stress, obligation, obstacles, and practical issues.
- Small Business Law
- Workers CompensationWhen an employee travels for work they are covered by workers compensation for ALMOST all activities! Read More
- Construction Litigation
- Real Estate TransactionsIn many states the transaction of real estate requires an attorney to review the paperwork and advise the purchaser and seller. In Washington, no attorney is needed. Be careful since the standard purchase and sales agreement used by real estate agents have the primary goal of protecting the real estate agents and may not keep up with current case law. Also, those forms strike a balance between the rights and responsibilities between the seller and purchaser since the real estate agent will be on both sides of the agreement in different transactions (sometimes the same real estate broker is on both sides of the same real estate transaction). If someone profits from both sides, can they be aggressively protecting either side? Real estate sales and purchases are a huge item and event - both in regards to the overall amount of money, but also in the legal costs to resolve conflicts when they arise. There are many things an attorney can do to protect either the seller or purchaser in a real estate transaction, such as writing a completely new purchase and sales agreement or writing addendums to the standard real estate agent purchase and sales agreement. You should at least hire an attorney for a consultation before such a monumental financial, emotional, and legal tansaction.
- Landlord-Tenant DisputesIn both commercial and residential rental situations there are conflicting goals between the landlord and tenant. The statutes involved in many rental or lease agreements need to be understood and followed when creating the rental agreement and during the rental period. Violation of those laws could have dire results. If one party does not fulfill their legal obligations, then there are strict procedures and time lines that need to be followed. It makes good sense to become aware of the rights and responsibilities of the landlord and tenant before entering into the agreement, but especially when a problem arises.
- Property Damage
- Personal InjuryContingency Fee: The law and legal ethics do not allow a contingency fee in some types of legal matters, such as family law. However, some types of legal assistance are customarily done where the attorney only gets paid for his time if there is a recovery in the case (if the client gets something, then the attorney gets something). The attorney must hit the bull's-eye in order to get paid. These types of matters include personal injury, social security (contingent and capped), disability law, employment law, and civil rights violations or discrimination. Because contingency cases can be resolved at different levels with different amounts of attorney time involved, I offer contingency percentages starting as low as 20% for cases resolved prior to legal discovery or arbitration. However, there is often an initial flat fee for case review and investigation to make sure the case is viable. PBW Law Firm pllc offers many different levels of contingency fees depending on what level the case is resolved and the expected efforts of the attorney.
- Medical MalpracticeThe unfortunate fact is that many consumer disputes have been twisted by the large manufacturers and retail establishments to discourage legal action and recovery, but in the right circumstances it is possible to receive a fair result. The first option is to attempt a resolution through the manufacturer or retail store, which may be a contractual requirement to future litigation. If this does not result in a fair result, then you may be able to file a small claims action in District Court or file a request for arbitration (depending on the terms and contract). If you find yourself in a dispute with a small company or individual, then you are more likely to have all the weight of the legal system at your disposal. Don't forget that you are the consumer of medical services and insurance services and if those entities are cheating you or not providing you the services appropriate to your expressed or implied agreement, then you can exert your legal rights (this is separate from any personal injury for medical malpractice). You can always hire an attorney for a consultation to review the specific facts of your case and give you advice on the next steps. You will have to determine if the principles or financial amount at stake are worth hiring and attorney for litigation.
- Wills
- Trusts
- Power of AttorneyProbate also involves creating documents for you to determine what happens to you if you suffer an accident or health condition making you unable to intellectually make or communicate your desires. Through a power-of-attorney and healthcare directive you can instruct others in writing before a problem arises to make sure you are still in overall control of your autonomy and major life decisions.
- ProbateProbate is the legal procedures after someone dies; this is the court process to make sure that if the deceased person created a Will, then those wishes are carried out after death. If you have assets to determine what should be done with them or have children dependent on you, then you should have a Will and other probate documents. Not only can you determine what happens with your assets, but if both parents of the children are deceased (or there is only one parent with legal rights regarding the children), then the court will strongly consider your nomination of a guardian after you die; otherwise the court will have to choose a guardian based on who volunteers and has a closer relationship with the children, which is not always the person you would choose to raise your children. If you do not have a Will, then there are a series of statutes to determine who gets your assets (after liabilities are paid), but that too may not be consistent with your wishes.
- ForeclosureThe Washington Law Help website is a non-profit organization with attorneys who write pamphlets and instructional materials for many different areas of law. There are many versions of each document depending on the specific facts of the case (for example for family law whether there are children involved or not involved). Although the information may be lengthy and appear daunting, take your time to carefully go through the material as it is very helpful. The legal terms / words may be confusing so this website has a glossary to help understand many legal terms. They also have some videos. There is also legal assistance from an employee for some qualified lower income persons. In King County you can call 2-1-1; outside King County call CLEAR at 1-888-201-1014 (weekdays 9:10am to 12:25pm); foreclosure prevention 1-800-606-4819; and veterans project 1-855-657-8387.