Criminal Law (Oregon)

McKean Smith has experienced attorneys who will tirelessly advocate for you and your rights. If you find yourself in trouble with the law, we can help you navigate your options.

Troy Nixon and Gabriel Watson are some of McKean Smith’s experienced criminal law attorneys who will inform you of your options and help you find solutions.

Family Law (Oregon)

Family Lawyer Oregon

Property Division (Oregon)

Property Division Guide

When you and your partner have decided that divorce is the best option for your marriage, you need to make many important decisions. One such decision is the division of assets and the future income you both will need for a comfortable lifestyle.

Oregon is an “equitable distribution” state, meaning that in a divorce, the court will allocate property between the two spouses in an equitable and fair manner. Equitable can, but does not necessarily, mean evenly. This can lead to complexities based on the unique set of circumstances of each case. Washington uses community property principles to divide property and debts in the divorce process.

 

High Asset Divorce Cases

There is no question that cases with large assets bring complexities and challenges of a different sort. Our divorce attorneys have extensive experience representing individuals who are medical, legal, and tax professionals; executives; business owners; and/or those who have acquired wealth from their family. High-asset divorce cases often include multiple bank accounts, stock portfolios, businesses, and real properties, both in the couple’s home jurisdiction or elsewhere. Determining accurate values for the entire asset portfolio requires great experience and skill.

Understanding the true value and scope of your property in divorce is paramount to achieving a fair division of assets between you and your spouse. The value of certain assets may be simple to determine, while other assets require value appraisals or input from certified accountants or other experts. The attorneys at McKean Smith take the necessary steps to establish the value of your property to properly prepare for negotiations in mediation or for presentation to the court.

Probate and Estate Law (Oregon)

Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real and personal property and cash, for instance.

Probate is not always necessary. If the deceased person owned assets with a spouse, the surviving co-owner often will then own that property automatically. If a person dies leaving very few assets, these items can be distributed among the rightful beneficiaries without court involvement.

In some cases, probate is needed for purposes of title clearing, debt collection, disputes between people who claim they are entitled to the deceased’s assets or for resolve of any will validity disputes.

If the deceased person had a will, the will is “proved” and delivered to the court. A personal representative is selected (someone who handles the affairs of the deceased). If the will does not name a representative, or there is not a will in place, the court will select a personal representative. (usually the spouse, adult child, or another close relative.) If the previously stated are not willing or not able to accept responsibility, the court may choose a bank or trust company.

Any debts are paid from the trust and notices are sent to any creditors through a publication in a local newspaper, and by the personal representative. Creditors have 4 months to bring any claim against the estate for fulfillment. Creditors must be repaid before any remaining assets can be distributed to the beneficiaries.

Heirs are listed, assets are identified and catalogued, and filed with the court by the personal representative. Dependent upon many variables, this step can be quite straightforward — or more difficult and time consuming.

The personal representative prepares state and/or federal tax returns and any inheritance, gift and estate tax returns and pays any taxes due.

Small Estates
Oregon allows an abbreviated procedure for handling small estates that would otherwise require a full probate. If an estate fits in this category, the cost and time for distributing the estate assets may be greatly reduced. The procedure involves filing a document called an “affidavit of claiming successor.” This abbreviated procedure can be used if the estate’s personal property is valued at no more than $75,000 and real property is valued at no more than $200,000, for a total aggregate estate value of no more than $275,000. (These rates are accurate as of April 2018, but can be changed by the state legislature. Please see an attorney or advisor to ensure that they are still accurate.) Real property includes land and buildings or structures placed on land, such as houses, commercial buildings and agricultural buildings. Personal property includes all other property, such as cars, boats, clothing, stocks, bonds and personal items.

Under Oregon law, a personal representative is entitled to a fixed percentage of the value of the total estate. Extra costs may be approved by the court for the personal representative and a lawyer if the estate is complicated. Other costs include court filing fees, legal notices published in the local newspaper and any other necessary expenses. Lawyers generally charge an hourly rate for their services.

The process(es) of probate can require a substantial amount of paperwork that needs to be filed within required deadlines and in a timely matter. To achieve the goals you have for yourself and your family, a probate lawyer can help you understand the complex issues which can arise from a probate matter, including tax legalities and other issues. An experienced probate attorney, such as Collin McKean and Troy Nixon can also assist you in the preparation and filing of the legal documents, and can prepare you should you need to appear in court.

(Information compiled from Legal Editor: Don Johnson, April 2018: Oregon State Bar)

Paternity (Oregon)

Paternity Guide

Unmarried parents have the same rights and responsibilities as married parents. Legal paternity can be established by the agreement of the biological parents when a child is born, or at any time after the birth. If there is a dispute concerning who is the father of a child, parentage can be established by DNA testing. Either parent can file motions with the court to seek resolution if there is a disagreement about custody of the child, the parenting schedule, child support or other child-related issues.

Paternity means establishing legally that a person who was not married to the mother of a child at the child’s birth is the legal father of that child. Once paternity is established, the father gains rights related to custody and visitation and obligations related to the support of the child, and the child gains the right to inherit from the father and receive governmental benefits based on his earnings.

In Oregon there are several ways paternity is established. If a child is born during marriage, the husband is presumed to be the father. If a child is born to unwed parents but the parents later marry, or an unmarried father agrees to paternity both parents can sign a notarized “Voluntary Acknowledgment of Paternity” form to be filed with the state. In these instances, the father’s name is then added to the birth certificate. Oregon honors a voluntary acknowledgment made in another state. When there is no agreement on paternity the father may establish paternity through the Oregon Child Support Program by filling out an Application for Child Support Services and sending these to the address stated on the form. The mother may begin to establish paternity by filing a petition to establish paternity. The alleged father must respond within 30 days of being served with the petition, or he will be automatically declared the father.

Custodial issues between parents can often spark many challenges. For unmarried couples, the issues involved can seem even more complicated. It is important to know that mothers and fathers, whether you are the noncustodial or custodial parent, have rights. The best way to learn about your rights is to speak with one of the experienced attorneys at McKean Smith.

Legal Separation (Oregon)

Legal Separation Guide

A legal separation is a court order that can provide for custody of your children, parenting time, child support, and the distribution of property.

You might want a legal separation if your religious beliefs prohibit divorce or if you or your spouse have not lived in Oregon long enough to file for divorce. A legal separation costs about the same as a divorce. Filing for legal separation does not prevent a divorce from being filed, but a separation may also be converted to a divorce within a certain period.

The main difference between a legal separation and a divorce is that you are still married after a legal separation. Therefore, you may still have certain rights that you would lose upon divorce, such as the right to inherit property from your spouse.

Juvenile Law (Oregon)

Juvenile Law Guide

Juvenile law is a complex area fraught with the heightened emotions and competing concerns regarding a child’s welfare. Dependency cases often arise when a state agency has concerns regarding the care a minor child is receiving from parents or other caregivers. As a result, the agency may question whether the Juvenile Court should have legal jurisdiction over that child.

If concerns are raised that a child has been neglected or abused, or a child’s parents are unable to provide proper care because of alcohol, drug, or severe mental health issues, the state may get involved. In such situations it is essential for a parent to seek legal representation immediately. If the Juvenile Court system is concerned that abuse or neglect has occurred, there is a risk that the child may be removed from the home and placed under protective custody.

Juvenile dependency cases can be complex; and are often intertwined with other family law or criminal cases. Dependency cases often start with state officials investigating the child’s situation and assessing whether the child is at risk. The child’s living situation may be thoroughly investigated, and the parents or caretakers interviewed to determine the validity of any allegations. Depending on the circumstances, the child’s mental and physical health may be evaluated, the child may be placed in protective custody, and the caretaker or parents may face criminal investigation.

The highly experienced attorneys at McKean Smith represent minors, parents, or guardians in juvenile court dependency proceedings. We can help navigate the complex juvenile justice system.

Employment Law (Oregon)

There are many aspects of employment that can require legal advice.

At McKean Smith, our experienced attorneys have a deep understanding of employment law, having represented both employers and employees. Our attorneys will help you navigate the issues that may arise whether you are an employer needing help drafting an employment agreement or an employee who has run into an issue of wrongful termination. We can assist you in the following areas including, but not limited to:

  • Employment Agreements
  • Termination of Employment
  • Wage and Hour Law
  • Equal Pay Law
  • Discrimination and Harassment
  • Family and Medical Leave Law

Sonia Montalbano, Stephan Warner and our employment law attorneys have the knowledge and experience needed to help you achieve your goals.

DUI and Driving Related Arrests (Oregon)

Oregon DUII
DUII arrests are common and despite their frequency, being charged with a DUII is a frightening experience. Most people charged with DUII have never seen the inside of a police station or a jail and have limited experience with the criminal justice system aside from what they have seen on television.

First Step, the Implied Consent Suspension.

  • A. Most likely, your driving privileges were suspended anywhere from 90 days to 3 years for failing a breath test or refusing a breath, blood, or urine test. Requesting an appeal hearing of your implied consent license suspension is the most pressing matter. Your suspension will typically begin on the 30th day following your arrest.
  • B. To challenge the suspension, the DMV Hearings Case Management Unit must receive your request for a hearing no later than 5:00 p.m. on the 10th day following your arrest.
  • C. It is important to understand that filing an appeal of the implied consent suspension does not mean that the suspension will be overturned. It means that you have an opportunity to challenge the suspension.
  • D. Suspensions are most often overturned because police officers fail to appear at the hearing, police officers fail to turn in paperwork to the DMV, and the police officer’s paperwork is incomplete and/or inaccurate.
  • E. If you do not hire an attorney to contest your suspension, you should request and attend the hearing yourself. Only a small percentage of persons facing an implied consent suspension request a hearing.

Second Step, the Criminal Charges.

  • A. You likely received a citation/ticket or a release agreement ordering you to appear in court for the crime of driving under the influence of intoxicants and possibly some additional crimes or violations including but not limited to reckless driving, refusal to take a breath test, careless driving, etc.
  • B. ORS 813.010 is Oregon’s DUII statute. A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:
    • i. Has 0.08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person;
    • ii. Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or
    • iii. Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.
  • C. You must attend the court appearance listed on your citation/ticket or release agreement or a bench warrant will be issued for your arrest. In some Oregon counties, if you hire an attorney before your initial court appearance you might be able to be absent from the hearing.
  • D. After your initial court appearance, it is imperative that you have the opportunity to review the State’s evidence or discovery. Discovery includes but is not limited to police reports, audio or video recordings, pictures, and/or lab reports. These items are the State’s case against you. You need to be able to review and analyze the strength of the State’s case as well as possible defenses and/or malfeasances by the investigating and arresting officer or officers before you decide what to do next.

Third Step Talk to a DUII Attorney.
You have a constitutional right to represent yourself in the face of criminal prosecution. But keep in mind, Oregon DUII defense is a complex area of law with far-reaching implications. Your driving privileges can be suspended for months, years, or a lifetime, you can be required to install an ignition interlock device to operate a motor vehicle, and you can face a sentence that includes jail and supervision by the court or a probation officer. Working with a DUII Attorney’s command and knowledge of the process will allow you to navigate and understand the process. If you cannot afford to hire your own lawyer, you should apply for court appointed counsel to represent you. It is imperative to have representation in this process.

Domestic Violence (Oregon)

Domestic Violence Guide

Unfortunately, many family law cases involve domestic in various forms. Such violence may necessitate seeking an order of protection to keep you and your children physically safe. The courts have no tolerance for domestic violence and provide streamlined processes for victims to easily pursue the protection that they need. Terms of a Family Abuse Prevention Act (FAPA) Protection Order can vary to meet the necessary safety needs. The law allows you to obtain protection from domestic violence without having to file for a divorce or legal separation first. A restraining order is a court order that tells the other person (the “respondent”) to leave you and your children alone. It can tell the respondent to move from your home and can deal with temporary custody and parenting time of your children. It can also require the respondent to stay away from your home, school, place of employment, or your children’s day care provider, and other provisions that you think will help you stay safe. The order may also prevent the respondent from possessing firearms.

These types of orders can only deal with custody and parenting time issues temporarily. To get “permanent” custody and parenting time orders, you need to a file a family law case, such as a divorce or a custody case.

Domestic violence may take many forms beyond physical abuse that would allow someone to get a protective order. Emotional, mental, and financial abuse within a marriage can impact how your divorce progresses, as well as the type of support you might need.

Our attorneys are well-versed in domestic violence and are equipped to help you navigate throughout the process.

Divorce (Oregon)

Divorce Guide

When you and your partner have decided that divorce is the best option for your marriage, you need to make many important decisions. In addition to the actual process of divorcing your spouse, you need to consider division of assets and the future income you both will need for a comfortable lifestyle.

Depending on where you are seeking to divorce, it is important to consult a family law attorney who can help you understand the differences between the statutes of these two states.

When it comes to divorce, Oregon is a “no-fault divorce” state, meaning the spouses can end their marriage simply because it isn’t working out the way they’d planned. The court can grant a divorce if either party claims that “irreconcilable differences” exist, which caused the marriage to break down.

For property, Oregon is an “equitable distribution” state, meaning that in a divorce, the court will allocate property between the two spouses in an equitable and fair manner. Although equitable often means equal, that is not always the case. This can lead to complexities based on the unique set of circumstances of each case.

If you and your spouse have children, a divorce will also address the custody and parenting time schedule your family will follow moving forward. Divorce can also provide spousal and child support, depending on the financial circumstances.

If you and your spouse cannot agree, a judge will have to decide about the issues. Temporary orders may be issued concerning custody, parenting time, support, and costs before your divorce trial and the final order will restore all the issues in your case.

Depending on your circumstances, a divorce may include the resolution of these issues: custody, parenting time, child support, spousal support, and the division of all property of the parties.

Every case is different. Our experienced family law attorneys can help you navigate your unique matter and assist you in achieving your goals.

Collaborative Law (Oregon)

Alternative Dispute Resolution Guide
Alternative Dispute Resolution (ADR) takes various forms: Mediation, Arbitration, Collaborative practice. Each of these methods is designed to keep your matter out of the courtroom. Resolving your matter outside of the courtroom allows for more creative, more flexible solutions that better meet the needs of your unique family. The idea behind methods of ADR is to provide an alternative to filing a lawsuit and going to court, which is the traditional method for resolving legal disputes. ADR alternatives were primarily designed to provide for a streamlined and cost-conscious option to deal with a legal issue. The appropriate method to resolve any given dispute can only be chosen after a careful assessment of the facts and circumstances of the case, including the interests of the parties, the nature of the dispute, and any statutory or policy restrictions governing the use of a particular dispute resolution process.

WHAT IS MEDIATION?
Mediation is simple; it is designed to help all participants and can be especially helpful for people who believe their differences are so great that they will never be able to agree. It’s also for those who agree on some issues, but need help coming to resolution on that “last matter” that continues to hold up the process. Mediators do not render decisions like a judge or arbitrator.

Both participants meet with a neutral mediator and work together to reach the best possible agreement of their dispute in a respectful and amicable way. The best agreement is one that meets the most important interests of all participants.
Mediation is a voluntary process that requires an agreement by both parties to participate. However, in some court cases such as those involving custody and parenting time, mediation is mandatory prior to proceeding through traditional litigation.

WHAT IS ARBITRATION?
Arbitration is a more formal process than mediation. In general, the arbitration process involves many of the same components as a courtroom trial. For example, evidence is presented, arguments are made, witnesses are called and questioned by the parties, and so forth. However, many of these facets are simplified or limited to make the process quicker than the typical courtroom trial. The process is governed by rules of arbitration which control the presentation of evidence and information to a neutral arbitrator. Following the required hearings, the arbitrator will usually deliver a ruling to the parties within a specific period of time. Depending on the type of arbitration, this ruling may be final, or there may be options to appeal.

The difference between arbitrators and judges is important. When someone files a case in court, neither they nor the defending party get any input into who the judge will be. Judges are typically assigned randomly to a case. However, with an arbitration, the parties often have some input into who will end up being their arbitrator.
Depending on the nature of the dispute, arbitration can be a voluntary process where both parties agree to submit their dispute to arbitration, or it can be mandatory as an adjunct to the traditional litigation process.

WHAT IS COLLABORATIVE PRACTICE?
Collaborative practice, also known as collaborative law, is a legal process primarily used in the family law context. It is a legal process that enables couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of litigation. The process allows parties to have a fair settlement. The process is voluntary and is initiated when the couple signs a contract (a “participation agreement”) binding each other to the process and disqualifying their respective lawyer’s right to represent either one in any future family-related litigation.

The Collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts. As the traditional method of drawing up pre-marital contracts is oppositional, many couples prefer to begin their married life with documents drawn up consensually and mutually.
Collaborative practice presents the opportunity for cost efficiencies as it is a slightly less formal process than formal litigation. Also, in collaborative practice, parties often assign important tasks to specialist professionals without duplication, so that cost savings may be realized.

The appropriate method to resolve any given dispute can only be chosen after a careful assessment of the facts and circumstances of the case. The lawyers at McKean Smith have the depth of experience to guide you through this assessment process and successfully represent your interests through whichever ADR process is best suited to your dispute.

Child Custody and Parenting Time (Oregon)

Parents involved in a family law proceeding are required to determine custody and parenting time for their children, either by agreement or by asking the court to decide. Public policy assures minor children frequent and continuing contact with each parent and encourages parents to share in the rights and responsibilities of rearing their children after a legal proceeding. Courts take these policies into account when they are deciding custody and parenting time issues. There is a distinct difference between a custody determination and parenting time. Custody focuses on who will have final decision-making authority for major decisions, while parenting time deals with when the child will be in the care of each parent.

There are two types of custody: joint custody and sole custody. The term joint custody refers to the parents sharing the decision-making about a child regardless of the amount of actual time the child spends with, or lives with, one parent or the other. Joint custody does not mean that a child lives with each parent 50 percent of the time. Joint custody also does not eliminate a parent’s duty to support a child. Sole legal custody means that the custodial parent has final decision-making authority for the child. These major decisions may include the child’s religious and educational training, health care and where the child’s primary residence is. Even with sole legal custody, however, a custodial parent must consult with the other parent.

A court’s primary consideration in awarding custody is the best interests of the child. There are a number of factors that a court considers, including who has been the primary caretaker and the ability of the parent to foster the child’s relationship with the other parent. Until there is an order of the court, both parents have the same rights to be with and make decisions for their minor children.

In deciding parenting time, a court also evaluates what is in the best interests of the child. That best interests inquiring is specific to the dynamics of each family as well as the age and developmental needs of the child.

Until there is an order of the court, both parents have the same rights to be with and make decisions for their minor children.

When determining child custody and parenting time, the court may also decide issues concerning child support, health insurance for the minor children, and how to split other expenses for the children.

Once a custody and parenting time order has been made by the court, either parent may move to modify those provisions at a later date.

Custody may be modified later if it is shown that there has been a substantial change of circumstances since the prior order and that the requested modification would eb in the best interests of the child. Similarly, a court can modify a parenting plan if it is in the child’s best interest to do so. And a court can modify child support if there has been a substantial change in circumstances.

Child custody litigation is complex and requires careful consideration of all the factors used by a court, and there is nothing more important to a parent than the time they get to spend with their child. McKean Smith has the depth of practice experience and knowledge to successfully represent your interests in a child custody proceeding.

Business Law (Oregon)

We provide representation, advice and counsel for many business law issues, including:

Business Formation:
Business formation is often the first major step for entrepreneurs establishing new companies, since your business structure can be used to secure financing, executives and other major pillars holding up a company. We provide formation advice for corporations, LLCs and partnerships. A solid business structure provides your organization with the best possible chance of success. We advise clients on the various types of legal entities and evaluate which options will work best for your situation. We also advise them on what steps they need to take to be successful and to minimize potential conflict in the future. Usually, one of the first major steps is to develop a solid, well thought out operating agreement.

Shareholder, Partnership and Operating Agreements:
Few aspects of building a company are more important than effectively defining the rights and duties of the company owners. Drafting an effective Shareholder Agreement for a corporation, or Operating Agreement for a partnership or LLC is essential to providing our clients with valuable control and flexibility over the operation of their company. They are critical for any potential business dispute or dissolution that may occur down the road. Our goal is to prevent business litigation in the future by helping our clients to anticipate problems today. We work closely with our clients to create a document that effectively addresses the company’s unique circumstances, accounting for both expected and unexpected future developments.

Buying and Selling Businesses:
We represent buyers and sellers in the purchase or sale of businesses. This includes the purchase of assets or shares of stock through acquiring the business as a whole. Buying or selling a business is a momentous decision that requires the skilled guidance of a business lawyer. We provide guidance through all phases of an acquisition, including purchase negotiations, purchase agreements, and due diligence. We work closely with CPAs in business valuation and drafting acquisition or sale agreements with the goal of preventing problems and business disputes in the future. We can also provide assistance with your business succession plans.

Business Succession:
Preparing for the succession of a business is critical, and how assets are distributed and conveyed can have significant tax consequences and other implications for subsequent generations. For a business that is owned by a few individuals, such as members of a family, business succession involves careful planning to ease the transition anytime there is a change of ownership. Typically, this happens when a senior or majority owner or manager dies, retires, or becomes disabled. We help draft agreements for the company and its owners, as well as personal estate planning documents, to accomplish our clients’ objectives and minimize any tax or financial burdens.

 

Business Litigation Issues

Shareholder and Partnership Disputes:
Business professionals as well as family members enter into business ventures on a regular basis. At the businesses’ creation, partners typically enter into shareholder or partnership agreements. At inception, the parties involved only have one goal in mind: working hard to ensure growth for their business. However, as time passes, and challenges begin to surface, one of the biggest threats to the stability of a business is disagreements within management and/or among shareholders. We represent clients who have been wronged and financially damaged by the acts of other parties in a business. Regardless of the type of business, many of our clients are able to settle their disputes without going to court, but when cases need to be litigated, we are ready to provide superior litigation services. Don’t let an internal dispute among partners or shareholders wrongfully deprive you of your investments in the company you’ve worked so hard to build.

Breach of Contract:
Business in today’s economy depends heavily on contracts. They are absolutely critical in the modern corporate world. Contracts clarify the parties’ obligations and expectations. When a breach of contract occurs in a complex commercial transaction, it takes an experienced business attorney to interpret the contractual obligations of the parties. This is essential to build a foundation for a breach of contract case and help resolve the dispute timely and effectively. We work to resolve the disputes of the parties and prevent a costly, drawn out litigation. In the event an agreed resolution cannot be reached, we are ready to litigate your case at trial.

Breach of Fiduciary Duty:
Business owners, officers, directors, majority shareholders and others have a responsibility to perform certain duties and to maintain their honesty in those activities. When they do not, they may be liable for breach of fiduciary duty. Breach of fiduciary duty claims are common in business litigation. Breach of fiduciary duty is a broad concept that may arise in the context of shareholder disputes, partnership disputes or even fraud. We represent clients who have been wronged and financially damaged by the acts of other parties in a business.

Non-Compete Agreements:
We advise and represent clients in the drafting and litigation of non-compete agreements. The court interprets these agreements very strictly so they must be drafted carefully in order to be enforceable. Most often these agreements are governed by statute and the case law surrounding the interpretation of these agreements and their requirements. We assist in drafting enforceable non-compete agreements, and challenging overbearing or unenforceable agreements.

Our dedicated attorneys and staff serve a wide range of business clients in transactional and commercial litigation services. Our Firm is flexible and responsive to our clients’ individual needs. Sonia Montalbano ,Collin McKean, Troy Nixon, Gabriel Watson, and Stephan Warner are experienced attorneys who are here to help whether you are a business owner with growth issues or need guidance navigating the legal issues that can arise in business ownership.

 

Business Law Resources for small businesses and startups:

Start Up Resources

Bankruptcy (Oregon)

Bankruptcy Solutions Offer Appropriate Relief for Specific Financial Problems

Bankruptcy relief is appropriate for financial conditions that are often out of our client’s control, i.e. natural disaster, job loss, divorce, or medical expenses. Nevertheless, the decision to file for bankruptcy relief requires informed consideration. The level of stress that collection calls and the threat of financial disaster have while one is navigating these financial problems can cause procrastination and further financial harm. Our attorneys understand your situation and understand the legal options available to provide the financial solution your situation requires. The bankruptcy process helps to provide for known outcomes through a transparent legal process. We at McKean Smith find our greatest reward in assisting clients with reaching their goal of beginning afresh with the opportunity to succeed moving forward.

Benefits of Filing for Bankruptcy in Oregon
Bankruptcy is not a solution to every financial problem, however, if you determine that bankruptcy is a solution for your financial condition, the attorneys at McKean Smith are ready to assist you today. You will be advised on whether you qualify for Chapter 7 liquidation relief, or whether a Chapter 13 repayment plan is available to you.

Some benefits of filing for bankruptcy relief include:
– Stop creditors from garnishing bank accounts or wages
– Stop creditors foreclosing on your home
– Stop creditors from calling you
– Avoid the shut-off of your utilities

The bankruptcy lawyers at McKean Smith offer free initial consultations and can help put an immediate stop to collection calls from debt collectors. If you are being threatened with foreclosure, we can help put a stop to the foreclosure process while you evaluate the solution to your financial and legal situation. We will discuss whether you may qualify for the relief of a Chapter 7 or a Chapter 13 bankruptcy.

Collin McKean and Troy Nixon can help you navigate your options and can help you find solutions.

Real Estate Law

Gabriel Watson is an experienced Real Estate attorney who can help you find solutions.

Alternative Dispute Resolution Guide

Alternative Dispute Resolution (ADR) takes various forms: Mediation, Arbitration, Collaborative practice. Each of these methods is designed to keep your matter out of the courtroom and in the hands of the parties to the case. Resolving your matter outside of the courtroom allows for more creative, more flexible outcomes. The idea behind methods of ADR is to provide an alternative to filing a lawsuit and going to court, which is the traditional method for resolving legal disputes. ADR alternatives were primarily designed to provide for a streamlined and cost-conscious option to deal with a legal issue. The appropriate method to resolve any given dispute can only be chosen after a careful assessment of the facts and circumstances of the case, including the interests of the parties, the nature of the dispute, and any statutory or policy restrictions governing the use of a particular dispute resolution process.

Mediation/ Arbitration/ Collaborative Practice

WHAT IS MEDIATION?

Mediation is simple; it is designed to help all participants and can be especially helpful for people who believe their differences are so great that they will never be able to agree. It’s also for those who agree on some issues, but need help coming to resolution on that “last matter” that continues to hold up the process. Mediators do not render decisions like a judge or arbitrator.
Both participants meet with a neutral mediator and work together to reach the best possible agreement of their dispute in a respectful and amicable way. The best agreement is one that meets the most important interests of all participants.
Mediation is a voluntary process that requires an agreement by both parties to participate. However, in some court cases, mediation is mandatory prior to proceeding through traditional litigation.

WHAT IS ARBITRATION?
Arbitration is a more formal process than mediation. In general, the arbitration process involves many of the same components as a courtroom trial. For example, evidence is presented, arguments are made, witnesses are called and questioned by the parties, and so forth. However, many of these facets are simplified or limited so as to make the process quicker than the typical courtroom trial. The process is governed by rules of arbitration which control the presentation of evidence and information to a neutral arbitrator. Following the required hearings, the arbitrator will usually deliver a ruling to the parties within a specific period of time. Depending on the type of arbitration, this ruling may be final, or there may be options to appeal.
The difference between arbitrators and judges is important. When someone files a case in court, neither they nor the defending party get any input into who the judge will be. Judges are typically assigned randomly to a case. However, with an arbitration, the parties often have some input into who will end up being their arbitrator.
Depending on the nature of the dispute, arbitration can be a voluntary process where both parties agree to submit their dispute to arbitration, or it can be mandatory as an adjunct to the traditional litigation process. Many courts have mandatory arbitration for claims below a certain value.

WHAT IS COLLABORATIVE PRACTICE?

Collaborative practice, also known as collaborative law, is a legal process primarily used in the family law context. It is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of litigation. The process allows parties to have a fair settlement. The voluntary process is initiated when the couple signs a contract (a “participation agreement”) binding each other to the process and disqualifying their respective lawyer’s right to represent either one in any future family-related litigation.
The Collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts. As the traditional method of drawing up pre-marital contracts is oppositional, many couples prefer to begin their married life with documents drawn up consensually and mutually.
The Collaborative dispute resolution process presents the opportunity for cost efficiencies as the matter is a slightly less formal process than formal litigation processes. Also, in the Collaborative process, parties often assign by agreement important tasks to specialist professionals without duplication, so that cost savings may be realized. These cost efficiencies, in addition to other potential benefits, have led parties in other contexts to explore the use of Collaborative law to resolve other types of disputes. All parties considering the Collaborative dispute resolution processes should be aware that the Collaborative process does not guarantee a resolution and should such process fail to produce a resolution, the formal litigation process may be necessary to achieve a resolution to the dispute regardless of their best intentions
The appropriate method to resolve any given dispute can only be chosen after a careful assessment of the facts and circumstances of the case, including the interests of the parties, the nature of the dispute, and any statutory or policy restrictions governing the use of a particular dispute resolution process. The lawyers at McKean Smith have the depth of experience to guide you through this assessment process and successfully represent your interests through whichever ADR process is best suited to your dispute.

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