Administrative agencies impact clients in a very real and direct manner and having effective representation early in the process is essential to obtaining a good result. Petefish, Immel, Hird, Johnson & Leibold, LLP, represent clients in a variety of administrative law matters, ranging from local licensing issues to complex state, regional and national regulatory cases.

Our understanding of the intricacies of the administrative law process is enhanced by our experience on both sides of the table, both as regulators and as representatives of clients before regulatory bodies. We have represented clients before state regulatory commissions in Kansas, Missouri, Oklahoma, Texas, Arkansas and Illinois and before federal regulatory agencies, such as the Federal Energy Regulatory Commission. We have represented clients in landmark energy and emergency communications cases in Kansas and other states. Our lawyers are active members of organizations that prescribe the standards utilized by regulatory agencies, such as the National Emergency Number Association.

Whether a simple driver’s license suspension or a complex telecommunications regulatory case, we provide the expertise to guide clients through the process.

Arbitration and mediation–often referred to as “alternative dispute resolution”–can be a cost-effective and efficient way of settling business disputes. Petefish, Immel, Hird, Johnson & Leibold, LLP, has deep experience in successfully resolving disputes through binding and non-binding mediation and arbitration in Lawrence, Kansas, and elsewhere.

Contractual Provisions

Unless a contract says otherwise, the default mechanism to resolve business disputes is typically litigation in state or federal courts. In order to ensure that alternative dispute resolution can be used, it is important to include a mediation or arbitration clause in the commercial contract or other agreement between two parties. Petefish’s attorneys understand how to prepare and negotiate enforceable alternative dispute resolution contractual provisions, helping our clients ensure access to these alternative forums.

Arbitration

In arbitration, one or more neutral arbitrators make a binding decision resolving a dispute. Make no mistake: although arbitration may be more cost-effective than litigation, prevailing requires strong and effective advocacy. Petefish is well-versed in all aspects of arbitration, from selecting the arbitration panel through briefing and oral arguments. Petefish’s attorneys have honed their advocacy skills in the courtroom and have used those skills to obtain successful results in arbitrations throughout the area.

Mediation

In mediation, as in arbitration, the parties submit their dispute to a neutral third-party, but the neutral party typically does not issue a binding decision. Instead, they attempt to facilitate an amicable settlement between the parties. Successful mediation can save the costs of resolving a dispute by binding arbitration or litigation, and strong advocacy can lead to a more favorable settlement. Petefish is experienced in helping clients reach amicable and favorable settlements–and save valuable resources–through the use of mediation.

In today’s economy, unique challenges and opportunities exist for businesses in Lawrence, Kansas, and throughout the country. Petefish, Immel, Hird, Johnson & Leibold, LLP, provides comprehensive business and corporate legal services, from start-up and business planning to dispute resolution and problem solving. Petefish’s business and corporate attorney services include:

Corporate Formation and Start-Up.

Petefish provides assistance with forming corporations, limited liability companies and other legal entities in Kansas. Petefish’s services include talking through the pros and cons of the different types of legal entities to find the one best suited for a particular business, drafting the necessary paperwork, such as organizational articles, bylaws, and operating agreements, and handling filings with the state and other governmental entities.

Registered Agents.

Every company doing business in the State of Kansas must have a registered agent located in the state to receive legal service. Petefish provides registered agent services to companies seeking to do business in Kansas.

Contracting and Leasing.

Strong commercial agreements can help a company thrive–or be the key to favorable resolution of a dispute. Whether your company does business with other commercial entities, governmental customers, or the general public, Petefish can help prepare, review and negotiate effective contracts and leases.

Employment.

Even for the most well-meaning employer, understanding and complying with the numerous complicated federal, state and local employment laws can be a challenge. Petefish provides advice and counsel to businesses on complying with federal, Kansas and local employment laws, including Title VII, the Fair Labor Standards Act and the Americans with Disabilities Act. In addition, Petefish can help resolve employer-employee disputes through settlement agreements, mediation, arbitration, and litigation, as well as defending claims before the U.S. Equal Opportunity Employment and other agencies.

Mergers and Acquisitions.

Petefish is experienced in providing assistance to companies seeking to expand through acquisitions, as well as business owners who have decided to sell. With the understanding that each merger or acquisition is unique, Petefish helps clients obtain favorable results while complying with federal, state and local laws.

Taxation.

Corporate tax laws are complex and often misunderstood. Petefish offers advice and guidance to businesses regarding tax planning, tax disputes, and the tax implications of mergers, acquisitions and other corporate actions.

Dispute Resolution.

When business disputes arise, Petefish helps its clients resolve them. Petefish is highly experienced in negotiating settlement agreements and resolving disputes by way of alternative dispute resolution. When litigation is required, Petefish assists its clients in filing and defending claims in state and federal courts.

Petefish, Immel, Hird, Johnson & Leibold, LLP, represents clients in all types of commercial disputes, including breach of contract actions, contract interpretation disputes, shareholder disputes and other business torts such as fraud, negligence, negligent misrepresentation, libel, interference with contracts and business expectancy or prospective economic advantage, and other business related litigation.

Our civil litigation practice has experience in both federal and state courts, as well as in arbitrations and mediations. We represent plaintiffs and defendants and are comfortable handling complex matters. We are trusted advisors to our business clients in matters ranging from pre-litigation strategy to the decision of when and how to try cases. We can offer legal insight as well as practical business experience in order to help our clients win their cases and minimize litigation risks and costs.

Petefish, Immel, Hird, Johnson & Leibold, LLP, provides comprehensive attorney services to owners, general contractors, subcontractors, designers, material suppliers, sureties, and others involved in public and private construction in Lawrence, Kansas, and the surrounding area.

Petefish attorneys provide guidance and assistance at every step of the construction process, from initial contracting and design, through final payment and warranty issues. By drafting and negotiating strong contracts, Petefish helps its clients reduce the likelihood of disputes and maximize favorable outcomes. However, when a dispute arises and an amicable resolution cannot be reached, Petefish is experienced in handling courtroom litigation and alternative dispute resolution.

Contract Preparation and Negotiation

A successful construction project begins with strong construction contract documents. Petefish prepares, reviews and negotiates prime contracts, subcontracts, design-build agreements, surety agreements, and other common construction documents. We are well-versed in common industry contracting documents such as ConsensusDOCS, AIA, and DBIA, and experienced in preparing client-specific contract documents for a single project or multiple projects.

Public Construction

Public construction projects can be an important source of revenues, but they involve special rules, regulations and requirements that can be traps for the unwary. Petefish’s attorneys provide guidance and support on a full range of public construction issues, including surety bonding/Miller Act requirements, Davis Bacon Act wage and hour compliance, claims/requests for equitable adjustment, and compliance with the Federal Acquisition Regulation and state and local public construction laws.

Labor Relations

Harmonious labor relations are a key ingredient in successfully completing a construction project. Petefish’s attorneys can help clients understand their obligations under federal and state laws governing wages and hours, overtime, benefits, affirmative action, and negotiation with unions.

Lien and Bond Matters

Mechanic’s liens and surety bonds are a key piece of the construction landscape. For subcontractors and material suppliers, a timely mechanic’s lien or surety bond claim may be the only effective way to collect amounts due and owing. On the other side, owners and general contractors may struggle to defend lien and bond claims they believe to be undeserving. Petefish is experienced with the ins and outs of mechanics liens and surety bonds and can help prepare or defend a lien or bond claim.

Dispute Resolution

No matter how well-intentioned the parties may be, disputes often arise on public and private construction projects. Petefish is well-versed in resolving construction disputes, whether by mediation, arbitration, or litigation. In addition, for federal construction projects, Petefish can help prepare requests for equitable adjustments, claims, or appeals to the Civilian Board of Contract Appeals, Armed Services Board of Contract Appeals, or federal court.

Strong and effective contracts and commercial agreements are essential in the business world. Petefish attorneys are experienced in preparing, reviewing and negotiating business contracts and commercial agreements. Petefish handles all types of contracts and commercial agreements, including:

Purchase orders Supply and distribution
Partnerships

Real property leases
Commercial leases
Franchises
Strategic alliances
Employment agreements
Subcontracts
Real estate
Licenses

Whether you need a contract or business agreement drafted from scratch, or simply want an experienced attorney to review a proposed contract before you sign on the dotted line, Petefish can provide assistance.

Petefish, Immel, Hird, Johnson & Leibold, LLP, represents individuals and businesses in governmental investigations and complex criminal prosecutions in federal and state courts. Our experience includes business crimes, bank fraud, counterfeiting, money laundering, embezzlement and theft, as well as sex and drug offenses, murder, attempted murder, assault (including domestic violence), burglary and robbery.

Petefish, Immel, Hird, Johnson & Leibold, LLP, represents clients in a wide variety of family law related matters, including, but not limited to, divorce, separation, annulment, child custody, parenting time, child support, paternity, and adoption. We have years of experience in family law and strive to represent clients to the best of our ability in an efficient and cost-effective manner.

Petefish, Immel, Hird, Johnson & Leibold, LLP, provides a wide variety of high-quality and cost-efficient services in the area of real estate transactions and litigation. Petefish represents national, regional and local clients, from buyers, sellers, owners, developers, lenders, borrowers, and investors, in all areas of real estate, including the following areas:

Commercial Contracts and Leasing
Residential Contracts and Leasing
Real Estate Litigation
Mortgage Foreclosures
Real Estate Development
Property Owners’ Associations
Real Estate Development
Property Tax Appeals
Real Estate Financing
Easements and Licenses
Quieting Title

Commercial Contracts and Leasing

Whether clients are buying, selling or leasing commercial real estate, Petefish has the experience to provide assistance needed by the clients. Petefish represents national and regional companies in the leasing of commercial property representing both landlords and tenants. Such representation can be the drafting and negotiating of simple and complex leases to negotiating and resolving disputes between landlords and tenants. Petefish has extensive experience in purchase and sale contracts for all types of businesses, from small family-owned businesses to larger ones. Petefish’s experience allows its attorneys to draft solutions to complex issues while keeping focus on the needs of the clients.

Residential Contracts and Leasing

Almost everyone has entered into contracts or leases of residential real estate and for most people buying a home is the single largest investment that they will make in their lives. Petefish can help clients in the residential real estate field to make sure that the purchase or sale or leasing of the residential real estate goes off smoothly. Because Petefish is small, Petefish is able to provide this representation at a reasonable rate. Petefish also represents owners who desire to save money and put their homes for sale without the assistance of a real estate agent. Petefish has the experience to prepare the contract, advise the owner on issues that may arise in a “for sale by owner” transaction and to walk the owner through the closing process.

Real Estate Litigation

When real estate transactions go bad, you need an attorney who has experience in both real estate and civil litigation. Petefish attorneys have both. The attorneys have a significant practice in real estate litigation, which ranges from simple cases such as residential landlord-tenant, to complex cases such as multiple-party and multiple-issue real estate issues. Petefish attorneys have the skill and experience to handle both types of cases. The real estate litigation practice can involve numerous real estate areas, including mortgage foreclosures, disputes between property owners’ associations, breach of real state contracts and leases, quiet title proceedings, and establishment of easements and ownerships through prescriptive use or adverse possession. Real estate litigation practice includes eminent domain cases, in which Petefish attorneys have represented property owners against governmental authorities that seek to take land from property owners for a public use.

Mortgage Foreclosures

Petefish has significant experience in the mortgage foreclosure area. Petefish’s attorneys have represented both lenders and borrowers in both residential and commercial foreclosures. When representing lenders, Petefish strives to provide quality representation of lenders at a reasonable rate from the drafting of letters of default through the sheriff’s sale and the conveyance of the property to the lender. Petefish also helps lenders in the collection of deficiency judgments after a sale has been confirmed. If a borrower files bankruptcy, Petefish attorneys have the experience to navigate their way through the bankruptcy process to keep the foreclosures on track. Petefish does not limit its representation to just lenders. Petefish is small enough to take on the representation of borrowers who find themselves subject to a pending foreclosure. Petefish attorneys help borrowers to attempt a resolution of the foreclosure process and when that is not possible, Petefish has the experience to make sure the lenders follow the law and when a lender attempts a short-cut in the foreclosure process, Petefish attorneys are there to help borrowers catch the short cut.

Property Owners’ Associations

Property owners’ associations are increasingly common in both urban and rural developments and many property owners are subject to the provisions of restrictive covenants of the owners’ associations. Petefish attorneys have a wealth of experience not only in drafting restrictive covenants and forming owners’ associations, but also in representing existing owners’ associations in their operation and enforcement of the restrictive covenants. Petefish has represented owners who feel that their owners’ associations are not operating in accordance with the law or the restrictive covenants. Petefish attorneys bring their knowledge of real estate law and their significant litigation experience to provide excellent legal service for both owners’ associations and owners. Petefish attorneys have significant experience in helping clients in the construction of new condominium buildings and conversion of older buildings into condominiums, whether the condominiums are commercial or residential or involve multiple-story buildings or a two-unit, single-building condominium. Petefish attorneys also represent owners in the formation of townhome dwellings and lot splits to allow for conveyances of individual townhome dwellings.

Real Estate Development

Petefish attorneys have a wealth of experience in the zoning and subdivision of real estate. Petefish attorneys have served on planning commissions and have written the chapter on zoning and subdivision in the Kansas Bar Association Real Estate Handbook. This experience and knowledge, together with the relationships Petefish attorneys have fostered, are invaluable to development clients in navigating through the zoning and subdivision maze.

Property Tax Appeals

All property owners must pay real estate tax to the counties in which the real estate is located. This tax is based on the value of the property and the classification of the use of the property as determined by the county appraiser’s office. When an owner believes the county has valued the property too high or has classified the property incorrectly, Petefish has helped owners file and successfully prosecute appeals and payments under protest hearings with the county. If an appeal to the county is unsuccessful, Petefish attorneys have filed appeals to the Court of Tax Appeals and have prosecuted those appeals before that Court. Petefish attorneys don’t just file the appeals and blindly prosecute the appeals without regard to the cost to the owners—the attorneys take the time to advise the owners when an appeal does not make economic sense.

Real Estate Financing

Petefish attorneys have represented both lenders and borrowers in transactions involving multi-million dollar end-loans for real estate developments and apartment projects. Lenders in such transactions require borrowers to obtain a borrower’s counsel opinion letter and if a client finds that it needs such a letter, Petefish attorneys have the experience to provide that service. If a client just needs an attorney to review and negotiate loan documents, Petefish attorneys have the experience to do that as well.

Easements and Licenses

When buying or selling a property, a client may be faced with the issue that a building or driveway partially encroaches on the neighbor’s land. This encroachment will often need to be resolved before the parties can close on the purchase or sale of their property. Petefish has extensive experience in drafting and negotiating easement and license agreements that solve the encroachment issues and helps to protect the owners from future claims. If the neighbors are unable to resolve the encroachment through agreement, Petefish has the knowledge and experience to file actions in court to establish prescriptive easements or ownership based on adverse possession or to defend those actions filed against their clients.

Quieting Title

There are times when clients find that the property they own has a title defect that they have to resolve. Petefish attorneys attempt to resolve the defect informally, but if an informal resolution cannot be found, Petefish attorneys are prepared and have the experience to resolve the defect through a quiet title proceeding.

Whether you are a landlord or tenant, your lease may be one of the most important documents you sign. Petefish has extensive experience drafting, reviewing and negotiating commercial and residential leases for properties in Lawrence, Kansas, and the surrounding area. Petefish’s leasing services include:

Commercial Leases

Petefish assists landlords and tenants alike in preparing, reviewing and negotiating leases for retail stores, restaurants, offices, industrial facilities, and other commercial spaces.

Residential Leases

Lawrence is home to many residential renters. Petefish works with single-family and multi-family homeowners, as well as tenants, to prepare, review and negotiate residential leases for student and non-student tenants.

Disputes and Evictions

When disputes arise between landlords and tenants, Petefish helps resolve them. Petefish attorneys prepare and defend evictions, claims for unlawful detainer, and other claims stemming from the landlord-tenant relationship.

Many colleges have entire departments devoted to performing disciplinary investigations, conducting administrative hearings, and assembling hearing panels when a student or faculty member is accused of violating a university rule. The subject matter of these proceedings ranges from student misconduct to the denial of tenure for a faculty member, or the non-renewal of a graduate teaching position. Universities can issue a fine, order community service, suspend, and even expel a student depending on the severity of the offense alleged. The process is often controlled by university-specific rules and regulations that favor the university - not the student or faculty member.

Petefish Law is home to Terence Leibold and Matthew Donnelly, both attorneys who are experienced representing parties that want to defend themselves against university disciplinary actions. Our location, just a few blocks from the University of Kansas campus, affords clients a convenient and trusted local advocate that knows how to protect your rights through all stages of the administrative process, and if necessary, in the district and appellate courts.

Trusts & Estates

Petefish, Immel, Hird, Johnson & Leibold, LLP, has extensive experience serving individuals and families with transferring assets to beneficiaries with the least tax and administration costs. We prepare and protect a family’s legacy through drafting of wills, trusts, powers of attorneys, and other planning documents. However, our attorneys are more than “will and trust” drafters. Our attorneys recognize the issues and solve the problems of families and business owners. Our attorneys have the experience and knowledge to develop the best estate plan for our clients by understanding their current assets and personal goals for future wealth accumulation, developing and implementing plans for orderly transfer of assets during lifetime and upon death, taking into account our client’s objectives for the family, and reducing or eliminating estate tax burden or reducing income tax burden.

Our attorneys focus on accomplishing our client’s estate planning and business succession planning goals through the use of the most effective and tax-advantaged planning methods available. We service a wide range of clients, ranging from moderate- sized estates to high net worth families. Each family’s personal plan is designed after understanding the family’s overall business plan and personal objectives, and we understand that a client’s personal life or business plan can have an impact on any personal plan.

Our attorneys gather financial and personal information, along with family facts, and discuss with each client personal and business goals to address the accumulation of wealth, planning for retirement, planning for education needs of children and grandchildren, business management, succession planning, planning for illness or disability, planning for special needs children or grandchildren, and disposition of assets at death.

Our attorneys work closely with investment, accounting and insurance professionals to assure that a comprehensive plan is developed and implemented.

We support our clients with the preparation and administration of wills and trusts, preparation of corporate documents, handling marriage and step- or second family fairness, planning for succession and long-term medical concerns, and determining the appropriate plan for real estate interests and use of gifting options. We also assist our clients with estate and gift tax returns and disputes.

Because of our expertise and experience, our clients rely on us for vital and effective estate planning, business planning, tax advice, trust and estate administration and charitable planning. We provide counseling and guidance to our clients, often working with multiple generations of the same family, to optimize the planning results at all generation levels.

We regularly counsel family business owners with regard to business ownership and management succession planning issues, business exit strategies, buy-sell agreements, family dynamics issues, and structuring business entities for optimal protection from potential future liabilities.

Trust and Probate Administration

Petefish, Immel, Hird, Johnson & Leibold, LLP, attorneys assist trustees, executors, administrators, guardians, conservators, and other fiduciaries in fulfilling their duties and responsibilities during a trust administration or probate proceeding. Our attorneys work with our clients throughout the period of administration for an efficient and effective process, which items include, but are not limited to, review of the trust, will, pour over will, and other documents to ensure compliance with the terms of the documents, and any tax requirements, compile all probate filings needed and prepare any required notices to creditors and beneficiaries, prepare an inventory of the assets and compile date of death values based on appraisals and valuations, coordinate the preparation of tax returns, allocation and distributions of assets to the beneficiaries, including transfers to subtrusts, prepare reports and communication with the beneficiaries throughout the process. We will work closely with our client to avoid potential disputes among beneficiaries to preserve family relationships and avoid costly litigation.

Estate, Trust and Fiduciary Litigation

Petefish attorneys possess a unique and substantial blend of experience in both the litigation and probate/trust areas. Our attorneys have decades of collective experience and can provide invaluable insight into litigation matters involving wills, trusts, guardianships and conservatorships, breach of fiduciary duties, and other proceedings involving disputes over management of assets and related matters.

Our attorneys have handled will contests, trust contests, discovery of assets actions, contested guardianships and conservatorships, proceedings to remove executors, administrators, trustees, guardians and conservators, and actions involving construction, amendment and termination of trusts. We have significant depth of experience with a host of claims involving breach of fiduciary duties in the trust and estate context both on the fiduciary and the beneficiary side.

Because these types of cases often involve serious emotional disruption in the lives of litigants and their families, we focus on minimizing, to the extent possible, the emotional impact on our clients, and often recommend alternative dispute resolution instead of heated courtroom proceedings, if appropriate. However, when the facts support it, we are ready for a court proceeding.