Clapp Ferrucci exists to assist in the growth and success of small and medium-sized businesses by providing high-quality, cost effective legal services and advice.
Clapp Ferrucci works with our clients to evaluate and analyze legal risk in business, real estate, and estate planning matters so as to minimize loss and expense of litigation and unplanned events and to preserve and protect wealth. Our experienced lawyers listen to our clients’ needs and craft innovative solutions to meet our clients’ business and legal needs.
Like most lawyers, we generally bill on an hourly rate basis in tenths of an hour increments. We require an upfront, refundable retainer for all of our new clients. For some matters we bill on a flat fee basis. Those matters include basic matters involving estate planning, corporate formation, and quiet title actions.
The amount of the retainer will depend on the type and complexity of any particular matter. More complex business or real estate matters and most lawsuit representation will require a larger retainer.
We generally do not take cases on a contingency basis.
Our policy is to keep our clients as well-informed about their matters as is practical. We will endeavor to send to our clients copies of every filing in our clients cases, whether we file it or another party files it. We generally communicate with our clients through email.
We have lawyers admitted to practice before the court of Indiana, Illinois, and Michigan.
The entity type you choose will depend on a number of factors, some of which are legal, some of which are business, and some of which are tax. Our experienced business attorneys have formed hundreds of entities and will work with you to determine the best entity for your particular situation.
A limited liability company is a flexible company form that can virtually be whatever its owners want it to be. LLC’s can be either member managed or manager managed. Unless limited by the owners in their Operating Agreement, each one of the owners (called a Member) in a member managed LLC is authorized to act on behalf of and bind the LLC. In a manager managed LLC, the Members elect one or more persons who act as the manager, and only the managers are authorized to act on behalf of and bind the LLC. LLC’s can also be taxed in three different ways. A single-member LLC can be taxed as a sole proprietor, which means that the LLC will not have to file a separate tax return under that taxation. An LLC may also be taxed like an S-corporation or a partnership. The business law attorneys of Clapp Ferrucci will assist you in forming your LLC to serve your purposes and to accomplish your goals.
Among many other services, our lawyers will assist you in drafting and reviewing contracts, navigating and applying new laws and regulations, providing advice on employment matters and non-competes, advocating for you in any disputes, and advising you on risk analysis and minimization.
You will be signing a contract that will be binding on you, and you need to understand your rights and obligations. The real estate attorneys at Clapp Ferrucci will protect your rights and make sure you get the best possible terms.
Generally speaking, the purchase of commercial real estate in Indiana is “buyer beware.” As a result, any issue that could affect your ability to use the property for the purpose for which you are acquiring it is a source of risk. Is the property zoned properly? Does the property have legal access? Does the property have legal rights to be serviced by all necessary utilities? Is there any environmental contamination? Are there any defects with any buildings? Are there title issues? Are there any encroachments or overlaps? Is the property subject to leases or other rights?
Title Insurance protects you if there are any claims against your ownership or use of the property that exist when you buy the property. Title Insurance will not only pay for any title related loss you have up to the amount of the policy, but title insurance will also pay for the defense of any title related claim or litigation. Our affiliate company Mid-America Title Co., LLC, provides our clients title insurance and closing services.
Commercial leases are some of the most complicated contracts in the business world, and they are typically drafted to shift risk from one party to another. Whether you are the landlord or the tenant, our experienced commercial leasing attorneys understand the various risks and provisions and can work with you to make the lease as favorable to you as possible.
Eminent domain is a process through which a governmental entity or authorized utility can take private property for a public purpose. Both the U.S. Constitution and Indiana Constitution protect landowners by requiring that property owners be paid just compensation for the property and interests taken. The eminent domain attorneys at Clapp Ferrucci have worked with both condemning authorities and land owners and will work to protect the statutory and constitutional rights of our all of clients in eminent domain proceedings.
Martin Luther said, “Every man must do two things alone; he must do his own believing and his own dying”. Each of us will one day leave behind our family and our possessions. A proper estate plan will let you dictate the disposition of your possessions and protect your family. Without an estate plan, what happens to your family and your possessions will be dictated by what the law says, not what you say. The estate planning attorneys at Clapp Ferrucci will listen to your wishes and concerns and work with you to put together an estate plan that will accomplish your desires, meet your needs, and protect your family.
Probate is a public court proceeding that may need to be commenced upon your death to administer your estate. In a probate proceeding a person whom you appoint as your personal representative is responsible for assembling your assets, giving notice to your creditors, paying valid claims, and then distributing any remaining assets as set forth in your will or as required by law if you have no will. The Probate attorneys at Clapp Ferrucci work with our clients to protect their interests in probate proceedings, whether our client is the personal representative, a creditor, or a beneficiary of the estate.
There are many techniques that our estate planning attorneys can employ to help your estate avoid probate. For example, any property in a revocable trust will not be required to be administered through a probate proceeding. Additionally, Indiana allows transfer on death provisions for real estate, investments, and vehicles and pay on death provisions with bank accounts. The estate planning attorneys at Clapp Ferrucci will work to understand your estate and to employ the appropriate techniques to help avoid probate.