North Dakota Legal Services | Green Law Firm, P.C.

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Legal Services

Tax Law

I can help you with matters involving:

Corporate taxes
Estate and gift taxes
Excise taxes
Income taxes
Payroll taxes
Property taxes
Sales and use taxes

Whatever your tax issue, you can rely on me for thorough representation and sound advice.

Tax Preparation

Because I am aware of the regulations and reporting requirements governing businesses and individuals, I can help prevent problems with your returns and keep you in compliance.

I help prepare 1040 income tax returns, employment tax and sales tax returns, estate tax returns and trust returns.

I also offer services for non-filers of individual and business tax returns.

Tax Planning

Complicated tax issues can accompany estate plans, mergers and acquisitions and business entity selection. I will educate you about the tax implications of decisions, and I can help save you and your business money.

In estate planning, I can help you limit the amount of your estate lost to taxes when your assets are transferred to your beneficiaries.

In mergers and acquisitions, I can help you address tax issues during planning and negotiation and move the deal forward.

In business entity selection, I can help you protect your personal assets and limit your liability.

Tax Audits

If you are facing an audit, I will fight to protect your interests and reduce or eliminate tax penalties.

Estate Planning

An estate plan is a set of documents that protects your interests and your loved ones in the event of a death or debilitating condition. Without at least a basic will, family members would be faced with difficult decisions, and the state would determine who inherits your property.

At the Green Law Firm, P.C., you receive individualized estate planning services establishing your wishes in writing to provide for your care and avoid unnecessary disputes or delays in settling your estate. Estate planning is not only for "wealthy" people or "old" people. I represent clients that are individuals and families of all walks of life and all stages of life. If you are getting married, getting divorced, bringing a child into the family, buying a new home or retiring, you should create or update your estate plan. If you own a small business, I can ensure your business succession planning dovetails with your estate planning.

A simple will to declare heirs, a power of attorney to manage your business or financial affairs and a health care directive to address medical or end-of-life issues are services that I offer at the Green Law Firm. I can also place your assets in a trust to bypass the time and expense of probate, minimize taxes, fund a charity, provide for a child with special needs or otherwise control your legacy.

I will sit down with you to ask questions about a wide range of scenarios: Who should inherit what? Who would be guardians to your minor children if you and your spouse died? Who do you trust to handle your affairs if you are incapacitated? Would you want heroic life support measures?

Estate Administration and Probate Disputes

If you are appointed as the executor/personal representative for a loved one who has passed away, the Green Law Firm has reasonable rates to help settle the estate. I can offer legal advice as you carry out the duties, or I can take on the burdens for you. I welcome inquiries from out-of-state executors needing local counsel.

I also represent beneficiaries or excluded heirs in will contests over the validity of the deceased's will or the distribution of certain assets. I understand that these unfortunate disputes can tear families apart. I am skilled in negotiating settlements but also a trial lawyer who can assert your interests in court if necessary.

Conservatorship Law

A conservatorship is a court proceeding that allows an individual to be appointed as a conservator to manage the health care and financial matters of an adult who does not have the legal capacity to take care of himself or herself. The court may appoint a conservator to manage a person's personal care if that person cannot manage needs for physical health, medical care, food, clothing or shelter.

In addition to personal need, a court may also appoint a conservator to manage the financial affairs of a person who is unable to manage his or her own financial resources. It is possible for a court to appoint the same person as the conservator of the person and of the estate. In many cases, this conservator may be a family member of the person who is taken care of under the conservatorship.

A limited conservatorship may be used for developmentally disabled adults. In these situations, the court may limit the power of the conservator to protect the health, welfare and safety of the person protected by the conservatorship.

Guardianship / Guardian Law

A guardianship is a legal arrangement that places an individual under the supervision of a guardian. This guardian is typically a family member, friend or fiduciary appointed by the court. The individual who is protected by the guardianship can be a minor who is currently without a parental guardian or an adult who can no longer make safe and sound decisions regarding his or her own person or property.

I can assist you in the creation of a guardianship to protect an individual that you love. I also handle other issues in estate planning and administration for clients. Contact me today for a free initial consultation.

A guardianship of a person may relegate the following responsibilities to an appointed guardian:

Determining and maintaining residence
Providing informed consent to and supervising medical treatment
Making end-of-life decisions
Consenting to and supervising educational decisions
Paying debts and other expenses
Maintaining the protected person's autonomy as much as possible

A guardianship may also be used to protect the legal rights of a minor in the event that a parent is no longer able to act on behalf of his or her child. A minor may be eligible for a legal guardianship if his or her parent cannot provide adequate shelter, does not have a steady income, suffers from an illness or is otherwise unable to provide adequate care.

Business Law

The vehicle for your commercial venture is as important as the ideas, people and capital behind it. Failure to plan carefully in starting or reorganizing a business almost inevitably leads to unnecessary internal disputes and external legal threats that can sap profits or bring the whole enterprise crashing down. I provide counsel for entity selection and the myriad other considerations of business formation.

Building a Solid Foundation for Business Success

I sit down with organizers to determine the best choice of entity for a new business or work to restructure an existing business or partnership. I walk clients through the pros and cons of business organization as an LLC (limited liability company), S corporation, LLP (limited liability partnership), FLP (family limited partnership) or other option.

Selecting the best entity depends on management structure and investor roles, anticipated size, revenue streams and tax treatment, tolerance for personal liability, succession or exit strategy, and many other factors.

I carefully draft or review the shareholder agreement, operating agreement, partnership agreement or buy-sell agreement. It is important for all owners/partners and voting investors to be on the same page at startup, and critical to protect your personal assets and the business itself should disputes arise down the road.

Anticipating Growth, Change and the End

In business organization, I strive for a stable structure that is flexible for the opportunities and challenges ahead. I work closely with you to plan for likely events and the unforeseeable: a partner who wants out, a sudden death or divorce, bringing on new partners, acquiring another business, cashing in your stake or transferring control to the next generation. More importantly, I seek to minimize your risk as well as to protect your legal interests.

I also provide ongoing business law counsel for every facet of operations: contracts and leases, transactions, employee matters, intellectual property rights and legal disputes.

Small Business Representation

The first part of small business success is building a solid foundation. I can help to determine the best choice of entity for a new business or restructure an existing business or partnership, including LLCs (limited liability companies), LLPs (limited liability partnerships), FLPs (family limited partnerships), S corporations. I can draft and review shareholder agreements, partnership agreements and other agreements that are critical for the protection of personal assets and for the protection of the business when disputes arise.

Effective business law counsel for small businesses also includes planning for growth and change, as well as having a strategy if unexpected events occur such as bankruptcy, a business acquisition or business succession. I can assist in every facet of operations, including contracts and leases, transactions, employee matters and legal disputes.

Careful Planning

If you have made the decision to start a business, it is important to know that a key element in the success of a business is careful planning from the very beginning. Mistakes that are made during the process of small business formation can lead to internal disputes, legal threats and other problems that can threaten the success and the life of that business.

I have a thorough comprehension of the important elements in business formation and assist small businesses throughout North Dakota and South Dakota. I will sit down with you to understand your business goals and to help you find the protection you need in the formation process. I can also provide ongoing assistance as your business begins to grow.

Small Business Formation

The first decision to make in the formation process is entity selection. There are many pros and cons of various business entities, including LLCs (limited liability companies), LLPs (limited liability partnerships), FLPs (family limited partnerships), S corporations and other options. There are many factors that go into choosing the best entity, including:

Management structure and investor roles
Anticipated size
Revenue streams and tax liability
Amount of personal liability
Business exit strategy

I can carefully draft or review your shareholder agreement, operating agreement or partnership agreement to ensure that both personal assets and the business are protected in the event that disputes arise. I strive to anticipate opportunities and challenges that lie ahead and make plans for those potential issues.

Commercial Law

I extend counsel and representation for every facet of operations. My philosophy is a collaborative approach — not telling clients what they need to do, but helping my clients figure out how to achieve their goals. I provide "outside general counsel" or project consulting at competitive rates, and quality solutions and legal advocacy on par with much larger firms.

Business Transactions

I invite you to arrange a consultation with me whether you are planning ahead or reacting to an acute crisis. My business law services cover the spectrum:

Business formation — entity selection, owner agreements, all startup issues
Business contracts — customers, vendors, services, franchise
Business transactions — buy-sell, mergers, acquisitions, divestiture
UCC matters — clarification and enforcement
Business litigation — contract disputes, torts, internal disputes, dissolution
Commercial real estate — purchase, lease, expansion
Employment law — employee agreements, lawsuit defense
Trademark and copyright law — registration, enforcement and defense
Construction law — contracts and disputes

Partners and Guides for Continued Success

It is important to have an attorney that can anticipate issues clients may not have considered and explore the advantages and pitfalls of each option. I partner closely with clients to help them make informed decisions that protect the goodwill, the bottom line and future prospects of the company.

Contract Review

Any agreement, however formal or informal, carries certain risks. I work with clients to ensure that they enter contracts with full knowledge and maximum protection. I advise a wide range of businesses in negotiation, drafting and review of business and commercial contracts.

Contract Law

I offer careful contract drafting for every type of contractual matter:

Sale or purchase of goods
Provision of services
Contracts with vendors and suppliers
Service contracts (janitorial, landscaping, etc.)
Mortgage and commercial borrowing
Commercial leases
Technology licensing agreements
Franchise agreements
Employee agreements

Front-End Considerations in Business Contracts

The goal is drafting a contract that anticipates likely scenarios and avoids ambiguity or loopholes that will lead to disputes or leave you "on the hook." Should you enter a long-term contract? Does the fine print favor you or the other party? How will disputes be resolved?

I advise on Uniform Commercial Code (UCC) and whether UCC rules apply in your business deals with trade partners in other states. I also counsel clients who are doing business via invoice or purchase orders versus formal contracts. In the event of contract disputes, I can capably assert or defend your interests through negotiation, mediation, arbitration or litigation.

Buy-Sell, Mergers and Acquisitions, and Divestiture

I provide sophisticated advice to buyers, sellers and co-owners for any business transaction scenario:

Negotiation, drafting and review of buy-sell agreements
Merging two entities into one
Acquiring a business as a subsidiary
Shareholder/partner buyouts
Franchising or buying into a franchise
Purchase or sale of commercial property
Succession
Reorganizations

Protecting Your Interests

I help clients anticipate all the relevant issues in a buyout or sale transaction. What is the market value of the business? What is the reasonable value of the exiting member's shares? Who chooses the appraiser? What is the venue for settling disputes? Are you buying only the assets of the entity or assuming undue risk by acquiring the liabilities and stock as well? What is the exit strategy? What are the tax consequences of a merger, acquisition or divestment?

You want to be sure, to the extent possible, that there are no loose ends that will derail the deal or come back to haunt you. I perform due diligence for buyers and counsel sellers on disclosures and representations and review the transactional documents for any ambiguities or red flags.

Commercial Transactions Lawyer

The Uniform Commercial Code (UCC) is a set of laws adopted to make it easier for merchants to do business in other states. Having common rules for interstate transactions eliminates much of the need for formal contracts in the buying and selling of products.

While the UCC establishes rules for commerce between states, there are gray areas, local exceptions and circumstances in which UCC may not apply. I provide counsel for sure footing when entering transactions and representation when disputes arise.

Uniform Commercial Code

The Uniform Commercial Code (UCC) applies to interstate sales of goods and certain in-state transactions, such as large volume orders. It covers terms of delivery, protocols for accepting or rejecting shipments, and payment terms. It likewise governs negotiable instruments (promissory notes), letters of credit, wire transfers, and bank deposits or collections pertaining to those transactions. The UCC also sets forth remedies for breach of contract.

The UCC is a substantive body of law with many nuances. I practice in this area and I am familiar with the fine points of UCC and where there may be problems. I can determine if you are a "merchant" under UCC definition and if UCC rules apply to your pending sale or order.

I can advise on the front end of contracts and transactions, such as delivery and payment methods. I can also step in to enforce or defend against claims such as late delivery, breach of warranty, damaged goods or products not to specs, or stop payment orders. Was there a valid and binding contract? Was the product actually delivered or received and in acceptable condition under the agreement? What is the venue for settling disputes?

Small Business Organization

For any business, the best time to resolve a dispute is before one has the opportunity to develop. If you are establishing a small business as a partnership, it is important to have an effective operating agreement in place to establish the rights and responsibilities of each partner in the business. An experienced business law attorney can help you create a partnership agreement that provides the protection you and your business need.

I advise businesses on drafting and reviewing of partnership agreements and other business agreements.

Partnership Agreement

Partnerships give each partner in a business a significant amount of freedom when structuring their respective rights and responsibilities. It is also important to establish the respective obligations of each partner and incorporate these terms into the partnership agreement. Clearly establishing the rights and responsibilities of each partner in a business will minimize any disputes that may arise and establish a plan to handle those disputes that do arise. The goal in drafting any type of agreement, including a partnership agreement, is to anticipate likely scenarios and avoid ambiguities that may impact your business in the future.

Corporate Business Formation

When a corporation has two or more shareholders, it is important to have a shareholders' agreement drafted in order to outline each shareholder's responsibilities to one another. A shareholder agreement can be the key to the successful operation of a business. It is a private contract between shareholders that can remain confidential, allowing the ability to insert terms that shareholders would prefer to not be accessed by third parties.

I provide counsel and representation for every facet of operations, including the drafting of shareholder agreements and other agreements during the formation process. I help clients figure out how to achieve their goals in a creative and cost-effective manner.

Shareholder Agreements

A shareholders' agreement should outline many aspects of your business, including:

Nature and amount of initial contribution of capital funds to the business
Method by which future contributions of capital are made
Non-competition terms
Stock valuation formulas
Buy-out terms and conditions
Governing law of shareholders' disputes
Ownership and voting rights of the shares
Manner of control and management of the business, such as method for electing directors

Given how important a shareholders' agreement is to the day-to-day operations of a corporation, it is important to prepare the agreement promptly after filing a corporation and should be done correctly with the help of a lawyer.

Business Litigation

Whether you are initiating action or being sued, whether you are protecting the company or your own interests, the Green Law Firm has the combination of business savvy and civil litigation experience to work it out or fight it out.

I provide plaintiff and defense counsel in business litigation to a wide range of clients. As a business litigator, I represent business entities and individual stakeholders in resolving any type of corporate or commercial dispute, including:

Contract disputes
Internal disputes among partners and shareholders
Business dissolution
Business torts (unfair competition, fraud, defamation)
Employment litigation
Copyright and trademark infringement
D&O (director and officer liability) lawsuits
Business transaction litigation
Judgments, liens and collections
Complex and multidistrict litigation

I also represent businesses in disputes with construction contractors, as owners or tenants in commercial lease disputes, as bankruptcy debtors or creditors, and in commercial mortgage workouts or foreclosure.

Alternative Dispute Resolution

I am not afraid to go to court, but I don't charge blindly into litigation when the alternatives will accomplish a similar or better result without the risk and expense. I explore all avenues to resolve disputes efficiently and cost-effectively, but I will file suit or defend my clients at trial when prudent or necessary.

Direct negotiation or threat of legal action may spur a mutually agreeable settlement. I can also advise clients in mediation or arbitration of business disputes. As a last resort, I will take your case to a judge or jury in lawsuits for damages or injunctive relief.

Contract Disputes

If another party has failed to fulfill its contractual obligations, what are your options? How do you respond if your company is sued for breach of contract? I resolve and litigate contract disputes in the business world.

I represent businesses in commercial contract disputes and business-to-business litigation. I am aggressive in initiating or defending legal action and am sensitive to the time, expense and distraction.

I provide plaintiff and defense counsel to companies large and small, and I handle every breach of contract scenario:

Contracts with customers for goods or services
Disputes with vendors and suppliers
Contracting for services
Contracts and transactions governed by the UCC
Commercial lease disputes
Commercial construction litigation
Conflicts in employee agreements
Violation of licensing agreements

Solutions and Strength in Contract Litigation

I realize that most contract disputes are not a make-or-break proposition. The amount of money in dispute may be too large to simply write off or pay up but not worth a protracted legal fight. I am a skilled negotiator who can work with the other party or its counsel to find acceptable middle ground. I can also advise clients entering mediation or arbitration, such as for binding arbitration clauses in the contract itself.

When out-of-court avenues are exhausted, I am prepared to go to trial if I determine you are on solid legal ground and if it makes sense for the bottom line of your company. I can pursue damages or specific performance (compelling the other party to live up to the contract). I also handle civil appeals of an adverse judgment or verdict if there were errors of law at trial.

Shareholder and Partner Disputes

I provide proactive counsel and effective legal advocacy for disputes among stakeholders of a business entity. I understand that these conflicts need to be resolved as timely as possible and with reasonable finality. I represent the entity or individuals.

Internal disputes can quickly escalate. Tempers flare and egos take over. Threats and accusations are tossed around. The other shareholders and key employees may take sides. My goal is to intervene without fanning the flames, but I offer aggressive representation if other parties have maneuvered against you.

Through negotiation, mediation or litigation, I handle many types of partner/ownership disputes:

Disagreements over direction of the company
Distribution of profits
One owner who wants out for whatever reason
Bringing on a new partner or investors
Freeze-out/squeeze-out attempts
Minority shareholder oppression
Fraud, embezzlement or misconduct by one member

Exploring the Remedies

I respond promptly to assess the situation, advise my client of the options and take necessary action such as seeking injunctions. Ideally, I can get the primary stakeholders to sit down and discuss a workable resolution: a settlement of differences that maintains the status quo, a negotiated buyout of one party, a reorganization or other remedy.

If the falling-out is beyond repair, I can represent clients in equitably dissolving the business. I can prosecute and defend lawsuits for damages over allegationsof collusion to deprive or force out other shareholders.

I prepare for court but aim for cost-effective and reasonable alternatives that preserve the entity, including counseling clients in mediation or arbitration of the partner/shareholder dispute. I handle internal conflicts in sizeable corporations, small limited liability companies (LLCs) and partnerships, law firms and professional associations, and family-owned businesses.

Dissolving Partnerships

Whether you have amicably agreed to wind down a business venture or reached a crossroads with the other owners, the Green Law Firm can protect your legal and financial interests when partners or interested parties have left the business. I can untangle the strings to determine a fair apportionment of the assets and liabilities of the company. In negotiation or litigation I strive to wrap up the loose ends to minimize any future liability or lawsuits.

Business Dissolution

Perhaps no one has been groomed to take over the business? Perhaps the venture has run its course? Or maybe a dispute over direction and control of the company has brought you to a decision to dissolve the corporation or partnership? The core issues are the same whatever the reason for dissolution.

I work closely with your personal accountant, business valuation experts and other professionals to determine the value of assets, debts of the business, tax obligations and other issues. If any parties will continue in the same line of business, I can also address division of clients and customers, intellectual property interests, disposition of owned or leased property and associated issues.

I work to ensure that clients are compensated accordingly for any investment of personal capital in the business. Business dissolution, like a divorce, often requires creative trade-offs to reach an equitable settlement. Likewise, it may be necessary to go to court to hash out disputes that defy a negotiated solution. I am prepared to go to trial if necessary to protect your interests.

Real Estate Law

Most property transactions are consummated without any problems. But when things go wrong, they can really go wrong. Consulting a real estate attorney on the front end can prevent many conflicts, and early legal intervention in disputes can help protect your investment and limit the expense, time and headaches

I provide comprehensive counsel and representation for residential and commercial property transactions, land use and litigation. I protect the interests of owners, buyers, sellers, landlords, tenants, developers and lenders.

Full-Service Real Estate Law Practice

I devote a substantial part of my practice to real estate law. I handle:

Commercial real estate (transactions, leases and disputes)
Residential transactions (agreements, title, disclosures, closing)
Landlord-tenant law (leases, disputes, eviction)
Mortgage and foreclosure law (representing owners or banks)
Land use and zoning (approvals, variances, regulatory compliance)
Condemnation and adverse possession (eminent domain, easements)
Real estate litigation (property disputes, all matters listed above)
Homeowners association law

Whether buying, selling, renting or developing property, the parties on each side have certain rights and obligations. A wrong move or overlooked detail can expose you to financial liability and legal action. I work closely with clients to review real estate contracts and financial terms to avoid legal trouble. I am aggressive in initiating action or defending against adverse claims and maneuvers.

Commercial Property Transactions, Leases and Disputes

Everything is more complicated in commercial real estate transactions — accurate valuation, purchase terms, financing, due diligence, regulations. I provide comprehensive counsel, from contracts to closing, to protect my clients as much as possible from a bad bargain, deal-breaking disputes or future liability. I represent buyers, sellers, landlords and tenants in commercial property transactions, commercial lease agreements, and disputes or legal action flowing from those exchanges.

Commercial Real Estate Transactions

I advise business owners on all facets of buying or selling commercial property:

Identifying suitable sites
Negotiating or reviewing the purchase contract
Title review and title insurance
Environmental compliance
Bank loans or other financing

You don't want any surprises at closing or disputes after the deal is done. I perform due diligence on the other party and the property itself regarding clear title, pending litigation, financing commitments, required disclosures and proper zoning for the intended use. I also work to ensure that the obligations of both parties are spelled out, such as who pays for inspections, correction of defects and current year taxes.

Commercial Leases, Disputes and Eviction

I represent property owners or businesses in the leasing of office, retail, warehouse, manufacturing or other commercial space. I go beyond a cookie-cutter lease agreement to address many potential issues that can later blow up into expensive legal conflicts, such as right of first refusal, subleasing, maintenance and services.

I represent commercial tenants facing eviction from their long-term place of business because the building is being sold; the change in location can have a devastating impact on profitability. I also represent commercial landlords who have to enforce lease provisions or file suit to collect back rent or initiate eviction. (See below, Landlord / Tenant Law.) I do go to court, but can often work out collaborative solutions to rent disputes or lease violations.

Purchasing Real Estate

Buying a home is a major investment. Selling a home or condominium has its perils. Hiring an attorney to review the contract or guide you through a residential property transaction is wise insurance, especially if you expect any wrinkle in the process.

I advise homebuyers and sellers in residential real estate actions.

Do I Need an Attorney to Buy or Sell a Home?

Many people buy homes without a lawyer and without trouble. But there are many possible pitfalls, and they are much more complicated and expensive to fix after the fact. Do you understand the terms of your residential transaction? Will you be on the hook if the deal falls through? Is the other party playing by the rules?

I have knowledge of real estate law. My role is to identify potential conflicts on the front end, assist with any hiccups in the process, and aggressively protect your interests in any disputes after the deal is consummated. I can negotiate the purchase agreement or simply review it, and attend your closing to address any last-minute legal issues.

It is a good idea to consult a lawyer for any residential transaction. But in particular, you may need an attorney's advice or representation for:

Sales contingent on the buyer selling an existing home
FSBO (for sale by owner) transactions
Buying a home by contract for deed (or canceling the contract)
Buying a short sale or bank-owned property
Buying a rental property, such as a duplex
Contracting with a home builder for new construction
Selling or renting a townhouse or condo unit (homeowner associations often have restrictions)
Retrieving earnest money or down payments
Title search and title insurance
Seller disclosures required by law

Landlord / Tenant Law

Conflicts between landlords and tenants can quickly mushroom into legal action. Contacting an attorney early in the process can help protect your rights, preserve your options and avoid a lawsuit or eviction notice.

I represent owners and tenants — residential or commercial — in lease negotiations, lease disputes and eviction proceedings. I have knowledge of landlord-tenant law, and I handle both litigation and out-of-court solutions. I represent renters, businesses and owners of multi-family.

Landlord Representation in Disputes and Eviction

The law is protective of tenants' rights, particularly residential renters. In landlord-tenant disputes, the property owner must be careful to follow certain steps in any actions adverse to the tenants. I counsel owners of apartment buildings, duplexes and other rental units, as well as owners of office buildings, retail centers or other commercial property in all scenarios:

Drafting or review of lease agreements
Lease violations (noise, unauthorized occupants, subletting, etc.)
Disputes over repairs and maintenance
Back rent
Early termination
Damage deposits and disposition of property left behind
Right of first refusal to renew

If you are moving to evict, I can guide you through the issues of serving proper eviction notice, going to court, re-showing the apartment or space, retaining deposits, or law enforcement action to forcibly evict. I can also advise on whether to pursue or write off unpaid rent.

If you are more interested in avoiding eviction, as with a longtime tenant in good standing, I can work with the tenant to negotiate terms to pay arrears or amend the lease.

Representing Tenants

If you are months behind on your rent or in blatant violation of the lease, the owner is within rights to evict. It is difficult to stop eviction in these cases, but you cannot be simply kicked to the curb. You have rights regarding notice of eviction, cutting off utilities, continued access to the unit, taking your personal property or harassment by the landlord. I can step in to try to work out an agreement or forcefully assert your tenants' rights.

Agricultural Law

Modernizing agriculture has led not only to larger operations but has also led to a need for farm operations to become familiar with a wide variety of legal obligations from numerous governmental agencies. Often the failure to recognize those obligations (or their extent) can expose farm operations and their owners to substantial penalties and, in some cases, criminal prosecution.

Some of the issues to be aware of include:

Employment Issues. As farming operations grow and employees are hired, often little consideration is given to all the laws and rules relating to being an employer. Whether you have a few employees or a lot of employees, there are forms that must be completed, rules that must be followed and policies that should be in place. In many instances, the rules and procedures are different for employers involved in agriculture than for employers in other businesses.
Environmental Issues. The Clean Air Act, the Clean Water Act and state laws and rules all apply to agricultural operations. The requirements range from how and where manure is applied to the land to whether filters are needed on pit fans to controlling runoff from areas surrounding confinement buildings. The rules are different for agricultural businesses than for other businesses, and penalties for non-compliance can be severe. I know and understand not only the rules relating to environmental compliance but also the business considerations that must be taken into account to achieve compliance.
USDA. The United States Department of Agriculture (USDA) regulates a variety of agricultural operations and affects quality control procedures and parameters. Violations can remove products from their normal markets for substantial periods of time, and knowing violations can bring substantial fines and potential criminal prosecution.
Taxation. While farming is provided with a number of very attractive options (including cash basis reporting where corporate or syndicated ownership does not prohibit its election), the taxation of limited liability companies (LLCs), limited partnerships (LPs) and limited liability partnerships (LLPs) are governed by Subchapter K of the Internal Revenue Code which is certainly one of the more complex areas of the tax code with a number of potential elections where partners die, buy new interests, sell interests, liquidate partnership interests or own other entities taxed as partnerships (so called tiered partnerships), an area where substantial caution is called for in structuring transactions outside of the normal operations of the agricultural entity.

Agricultural law is far more than just the law of farming. As farming has evolved into agri-business, effective agricultural lawyers must be well-versed in commercial law, administrative law, environmental law, business transactions, and government relations. I embrace this modern and proactive approach and recognize that as the technology of farming advances, so must the business aspects of farming.

Debtor / Creditor Rights

Few things are more frustrating than financial trouble. Even with sound budget planning and a careful analysis of risks and benefits, businesses may find themselves with more debt than they can manage.

On the other side of the spectrum, when businesses are unable to repay their loans, banks and other creditors are left trying to recover the money they are owed. In either situation, it is important to work with a lawyer who can protect the rights of a debtor or creditor throughout the bankruptcy process.

I protect the rights of both debtors and creditors. I offer clients the legal representation they need in matters, including:

Credit card debt: Sometime we have the best of intentions when accumulating credit card debt but get in over our heads. I have reduced credit card debt through negotiations and have even had instances where the debt was written off completely. There is a statute-of-limitations that applies to the collection of credit card debt. Do you know which statute-of-limitations applies to you?
Business debt: The Green Law Firm represents companies and individuals who have accumulated too much debt and assists clients with workout agreements.
Business collections: I aggressively pursue unpaid debt. I also file and enforce mechanics liens and workout agreements. When it is necessary, I also pursue foreclosures and support clients in replevin.
Litigation: I litigate claims for or against creditors or debtors. A lawsuit may be started in an attempt to obtain a judgment or enter into a mutually satisfactory workout agreement.

I am committed to protecting clients' rights and creating remedies for the situations they are facing. Clients can benefit from the cost-effective and efficient solutions their attorneys create. Contact me to learn more about the representation available.

North Dakota Divorce Lawyer

The Green Law Firm, P.C., represents individuals in family law litigation across the states of North Dakota and South Dakota. If you are going through a difficult divorce or you are involved in a child custody dispute, we can help you find solutions that are tailored to the needs of you and your family. We can help you deal with the short-term and long-term consequences in family law litigation.

It is our job to guide our clients through the process of family law litigation. Our firm will look at your circumstances and the challenges you face, answer any questions that you have, and help you understand your options. The process of divorce, custody and other family law issues are rarely easy, but our firm can help you find a fresh financial beginning.

Our family law litigation covers matters that include:

Divorce
High net worth divorce
Division of assets and debts
Child support
Child custody
Spousal maintenance
Enforcement and modification of family law issues

By taking a look at your situation, including your financial issues, our lawyers can help you come up with a plan that meets your immediate needs and long-term goals. From child custody and visitation to child support and alimony, we will make sure you come up with a plan that protects your rights. We handle family court cases across the states of North Dakota and South Dakota, including appeals

Aggressive and Affordable Criminal Defense

A part of the law office's practice centers around the defense of those charged with state and federal crimes. The Green Law Firm represents clients on any felony or misdemeanor charge, including:

Drug crimes
Theft and robbery crimes
Murder
Domestic violence and spousal abuse
White collar crimes
Assault and violent crimes
Sex offenses
DUI
Traffic violations

Jonathan L. Green will defend clients from every angle and is not afraid to take cases to trial when necessary. He will review your arrest and the investigation for errors and discrepancies in reports to help obtain a positive outcome in your case. If you need an aggressive, assertive, and affordable criminal defense attorney, then look no further than Jonathan L. Green.