Business/ Transactional Law

 

 

There are two primary categories that define practice areas: "Litigation" and "Transactional."

Litigation involves a lawsuit or, in some cases, an arbitration, to resolve a problem or disagreement. The parties to a lawsuit are the plaintiff and the defendant. If you are the victim of an accident or intentional injury, you are the plaintiff. If you are being accused of causing an accident or intentionally harming someone, you are the defendant. Litigation can be resolved by negotiating a settlement or going to court.

In transactional law, there are no plaintiff and defendant or lawsuit. You hire a lawyer to represent you in connection with a legal transaction like business deal, real estate closing or the drafting of a will.

Brady & O'Shea, P.C. practices law in the four general categories; Personal Injury Law, Civil Rights Law, Business & Consumer Litigation and Business/Transactional Law.

Brady & O'Shea, P.C. represents clients in a variety of general practice areas, including drafting of wills and contracts, juvenile, divorce and family law issues, land use and zoning issues, and representation in some criminal matters.

For detailed information on any of the specific Business and Transactional Law practice areas listed, click on a topic in the list below.

Real Estate

We have an extensive real estate practice and represent:

  • sellers and buyers of residential and commercial real estate
  • mortgage lenders
  • residential and commercial landlords and tenants
  • real estate developers
  • real estate agents

The firm's real estate services include:

  • counseling, planning and document drafting relating to the sale and acquisition of real estate, leasing, platting and zoning matters
  • drafting business and commercial leases
  • issues related to planning and zoning

Our real estate practice handles litigation involving:

  • the foreclosure of mortgages
  • foreclosure of mechanic's liens
  • enforcement of leases
  • property tax assessment disputes
  • condemnation proceedings.

We also provide title opinion services to lenders and purchasers of real estate and the firm's real estate closing department provides a full range of real estate closing services.

Probate

We provide assistance and advice to clients concerning estate administration issues upon the death of a family member or loved one. The firm's main objectives are to provide estate beneficiaries with the timely administration and ultimate transfer of estate assets. The firm's administration process ensures that creditor's claims are satisfied or otherwise disposed of and works to preserve estate assets to the extent possible by minimizing the effects of income, inheritance, estate, gift, and generation-skipping taxes.

Estate Planning

Brady & O'Shea, P.C. provides a full range of estate planning services for individuals. We assist them in putting together the most effective plan for disposition of their estate while reducing the impact from estate, gift and income taxes. We design and create estate plans and strategies based upon each client's unique needs. We recognize that estate planning clients may have long term needs, with changes in circumstances and goals over time. We work to build strong relationships by providing the best help over time.

Business Formation and Advice

Our general business practice advises businesses and nonprofit organizations in Cedar Rapids and throughout Eastern Iowa with respect to legal issues that arise in their day-to-day operation on such matters as:

  • Ccommercial contracts
  • labor relations and personnel practices
  • employee benefits
  • taxation
  • governmental permits, licenses and compliance matters
  • debt collection and creditors' and debtors' rights

We also assist clients in selecting and forming the proper business entity, whether the entity is a proprietorship, partnership, limited liability company, or corporation. Additionally, our business practice provides services and counseling relating to the sale or purchase of existing businesses and business control succession planning, including shareholder buy-sell and buy-out agreements.

Franchise Transactions

Brady & O'Shea, P.C. has represented both franchisors and franchisees on a variety of issues.

For franchisors, we routinely counsel clients on matters relating to amending franchise agreements and other changes in the franchise relationship with specific franchisees. In one representative engagement, we conducted a complete review of domestic and international franchise and licensing agreements on behalf of a franchisor, issuing the status report required prior to divestiture. We have also been retained to prepare an amendment protocol for changes to the franchise relationship requested by franchisees, and to assist the client's franchise and legal departments in implementing the protocol.

We have represented prospective franchisees in reviewing the franchise agreement, UFOC, and related disclosures, as part of the client's due diligence before entering the franchise relationship.

Mediation Services

Attorney Brad Brady serves as a mediator for a variety of civil litigation disputes, including personal injury, insurance disputes, civil rights, employment, real estate and property damage disputes. Mediation facilities are available at our offices.