Cost-effective Litigation
In the modern litigation environment, we certainly understand that costs are a factor. As a small boutique firm, we are able to keep overhead low to save our clients money; and even as a small firm, we are connected with all of the resources associated with the larger firms. Further, we focus on solutions and cost-effective resolutions. For example, suppose a multi-million dollar settlement can be reached through an early mediation or settlement conference rather than a lengthy lawsuit. In that case, we'll aggressively pursue an early mediation or settlement conference.
Our clients need a lawyer who can prepare meticulously for trial, then argue their case in the district, state, or federal arena. We have many years of trial experience in federal and state trial courts and appellate courts.
Contract Litigation & Dispute Resolution
Whether the matter involves enforcing the terms of a contract, seeking damages for a breach of a contract, or defending you against a breach of contract claim, the attorneys at Freidin & Inglis can provide you with the representation you need. Serving Fort Myers, Cape Coral, and Naples, our attorneys focus on client-centered, cost-effective, solution-oriented representation in breach of contract cases and our other practice areas.
Breach of Contract Scenarios
Generally, a breach of contract occurs when one party does not honor the terms of an agreement made with another party. Such agreements are usually memorialized in a written contract but oral or verbal contracts can also be enforced in many circumstances. Our lawyers have experience in many types of breach of contract scenarios:
Whether oral or written, if the agreement is indeed binding, then breach of contract claims require our courts to interpret the meanings of the contract's terms and determine if those terms are honored. Our attorneys have more than 50 years of combined experience focusing on the finer details of contract interpretation. If anything in the contract could benefit your case, even if it's in the smallest print, we will likely find it.
Probate & Trust Litigation
In a perfect world, all wills would be clearly drafted and interpreted; all trusts would be seamlessly implemented and administered as written; beneficiaries' rights and decedents' wishes would be understood and honored, and all parties would act in good faith.
In the real world, controversies do arise regarding wills and trusts because of ambiguities, competing interests, or dishonest intentions that require the involvement of attorneys who are capable of resolving these matters through litigation in the court system or out-of-court settlements.
Probate & Trust Scenarios
Whether the issue you are confronting involves undue influence, testamentary capacity, fraud, incompetence, conflict of interest, breach of fiduciary duty (self-serving conflict of interest), the attorneys of Freidin & Inglis can capably challenge the will or defend your interests in these complex and intense disputes.
If you suspect that a will or its execution does not reflect the wishes of the deceased, you have a right to challenge the proceedings in probate court. Or if you are a proponent of a will that is being challenged, you should be represented by someone who has experience in probate litigation. Many probate disputes stem from suspicions that a particular individual took advantage of the declining health or dementia of the deceased to insinuate himself into the will to the detriment of the rightful heirs. We are familiar with such cases and know exactly what evidence is necessary to show undue influence or lack of capacity. If a caretaker or family member manipulated an unfair change in the will, that change could be invalidated. Conversely, if you have been unjustly accused of undue influence, our attorneys can defend you against those allegations.
We are prepared to pursue an efficient and decisive resolution to such conflicts, and we are sensitive to family dynamics and privacy concerns. However, we do not fan the flames when litigation's costly, and public spectacle can be avoided through a negotiated out-of-court solution.
Referrals from Estate Planning & Trust Attorneys
Many estate planning and trust attorneys are not litigators.
We can work with the estate and trust attorneys to give the client the best possible representation.
Construction Disputes and Defects
The attorneys of Freidin & Inglis help builders, contractors, homeowners, and businesses when agreements
are breached due to construction defects. We are a solution-oriented law firm: Some cases need to be litigated;
others can be solved through a phone call or settlement conference. Although we are always prepared to go to court
on a client's behalf, our lawyers will always look for the simplest, most efficient way to solve our clients' legal issues.
Help for Builders, Contractors, Subcontractors & Material Providers
As the builder or contractor, you feel you have done your job, and the owner is simply not paying for the work. They are claiming faulty construction, but they are not the experts. We can put liens on the property, or we can look for other ways to get your customer to stick to their end of the bargain. You have tradespeople and subcontractors to pay. Let us help.
Business and Transactional Law
Contract Drafting & Negotiations
Start your project or purchase off right with a solid contract. Our attorneys can initiate and draft an original contract, review an existing contract and negotiate on our clients' behalf as well. Contract law is complex, and a small business's success can depend on getting it right the first time. Therefore, we try to draft each contract to anticipate every scenario possible, avoiding going to the courthouse later on.
Leases
Working out tenant's agreements takes forethought. Escalation clauses, liability, improvements or destruction, purchase options, and renewal options must all be spelled out to manage all parties' expectations. At Freidin & Inglis, we can help.
Real Estate Transactions
Freidin & Inglis provides a full range of residential and commercial real estate services, including preparing purchase agreements and lease agreements. Let us help you with all of your real estate needs. For years our attorneys have been handling the full spectrum of legal concerns related to real estate.
Business Formation
When it comes to forming a new business, the excitement of getting it started can get in the way of long-term planning. So, just as many lawyers advise clients to sign a prenuptial before getting married, Freidin & Inglis, P.A. advises a solid business entity contract that sets forth the basis of our client's overall business goals.
Because we have CPA experience and a combined 50 years of legal experience, our lawyers can help clients ask questions they may not think to ask: What are the tax ramifications of forming this business? If we form a partnership, do we need to include a buy-sell agreement? What exactly is a limited liability company (LLC), and how does it differ from a general partnership or an S Corp?
By ironing out the details of a business formation plan, we help our clients avoid situations later on. Creating an operating agreement today means our clients have an enforceable legal document that can be referred to in settling a dispute later on, if necessary.
In our experience, we have found that small businesses can benefit from this just as much as big businesses. Over the years, we have helped many businesses at the inception phase and are still their law firm of choice today.
General Counsel
We provide long-term general counsel services for small businesses, including contract negotiation, drafting and review, and operating and shareholder agreements. When you hire us as your General Counsel, you know that you will get the same commitment to excellence we have made to our law firm extended to your business. Over the years, we have established long-term relationships with many successful small businesses in Southwestern Florida. Clients can count on our experience and commitment to cost-effective solutions and the added value we can bring to their business.
Understand what you are signing before you sign.
Regrettably, there will always be those that are willing to take advantage of others or who are willing to make representations that are simply not true. At Freidin & Inglis we strongly suggest that you have a lawyer review any significant investment you intend to make before it is too late. After all, consumer protection starts with you.
If, however, you have already made an investment or purchase and now believe you were deceived into making the purchase or investment, we may be able to help.
Leveling the Playing Field
A real estate agent may be the only person that a property purchaser or seller has a contact within the context of a transaction. By the same token, a business broker may be the only person that the buyer or seller of a business deals with throughout the transaction. Unfortunately, when a realtor or a business broker represents both parties, it can be problematic as the agent or broker may place their own best interests in front of yours. It is important to have your own counsel guiding you through the process to shift the balance of power back equally among the parties where it belongs.
Not all real estate agents or business brokers are experts, so they themselves may not even fully understand the implications of agreeing before you are aware of all your rights and obligations. Proactive planning, though, guided by the advice of a knowledgeable attorney, can save you money down the line and can protect your rights should a dispute occur.
At Freidin & Inglis we can conduct the due diligence needed to "sniff out" any deceptive sale practices and consumer fraud. Consumer protection extends to business investors, and we help our clients think of an investment in a clear-headed manner, thinking through high pressure and deceptive sales tactics. Our attorneys can help clients who are considering purchasing a business, and we will call forensic accountants to review the books if necessary.