Areas of Practice
Personal Injury, including Malpractice, Wrongful Death,
and Products Liability
This is a broad area in which we do a substantial amount of work. From auto accidents, to worker accidents, to explosions, to medical malpractice, to wrongful death, to products liability -- we represent individuals and their families who have suffered serious injury or death because somebody else, or some entity, made a mistake. Though often these cases are settled without trial, we prepare each case as if a jury trial will be necessary to secure a fair result. Our litigation team includes the support of skilled paralegals and a highly qualified registered nurse/paralegal.
Divorce, Custody, Support
The experience of going through a divorce, separation or termination of a relationship with a domestic partner is life-changing, emotionally challenging, and often painful.
We see our role as providing information about the options and processes that will best meet the needs and achieve the goals of each client. An array of options, varying from Collaborative Law, mediation and negotiations between attorneys to litigation, is available. We carefully analyze each client’s particular situation to identify the best option.
For many clients, Collaborative Law offers a private, non-adversarial, respectful way to make the transition from one to two family units, and offers a much better opportunity to preserve a good co-parenting and post-divorce relationship.
In some instances, litigation is appropriate and necessary, and we bring many years of litigation experience to providing clients with expert and thoughtful representation.
Throughout the process, our focus is on providing our clients with the necessary information and tools to make well-considered choices and decisions about the future.
Criminal Defense
Our criminal practice includes the defense of individuals accused of virtually all crimes in all courts throughout upstate New York -- federal, state and local. Over the years we have successfully represented people who have been accused of murder, manslaughter, vehicular assault, white collar crimes, serious drug offenses, rape and sexual assault, assault, theft, fraud, driving while intoxicated, and other offenses. These cases often involve jury trials, which require competent representation. We respect our clients and support them with compassion and without judgment in these highly stressful circumstances.
We also represent students in disciplinary proceedings, primarily at Cornell University and at Ithaca College.
Civil Rights
We have a keen interest in protecting the fundamental liberties of all citizens. Accordingly, we represent the victims of sexual harassment and those of discrimination based on gender, sexual orientation, race, ethnicity, and disability. Our practice in civil rights includes litigation in federal and state courts, administrative proceedings in the federal EEOC, the New York State Division of Human Rights, and confidential negotiations and settlements. We also take on cases involving the protection of speech, art and privacy.
Adoption
We realize how important it is to give adoptive parents peace of mind that the adoption of their child is permanent and secure.
We assist clients in the adoption of children through an adoption agency; in re-adoption of children who were adopted from other countries, so that they will have a United States adoption certificate and birth certificate; in adoption by agreement between birth and adoptive parents; in step-parent adoptions; and in second-parent adoptions by domestic partners. We also assist birth parents in negotiation of adoption agreements.
Throughout the process, we provide information about legal options and procedures, support and guidance to ensure the adoption goes smoothly.
Domestic Partners
We have considerable expertise and experience in meeting the needs of gay and lesbian couples, as well as unmarried heterosexual couples, who are in committed relationships with each other.
At this time, same-sex domestic partners do not have the option of legal marriage, and other couples choose, for a variety of reasons, not to marry. This means that the extensive protections applicable to married couples are not available, and there is no safety net to protect partners in the event of illness or death. There are also no established legal rules that govern division of property and debts and other issues when a couple separates.
We work with domestic partners to make sure that they are protected as much as possible through Wills, Health Care Proxies, Living Wills, Durable Powers of Attorney, second-parent adoption, releases for access to medical information, directions for disposition of remains, and authorizations to obtain medical care for children. We also assist in negotiating agreements related to alternative reproductive technologies, such as sperm and egg donor agreements.
A domestic partnership agreement specifies each partner’s rights and responsibilities in the event of a separation, and can avoid potentially painful, costly litigation. Collaborative Law offers a cooperative, respectful way to negotiate domestic partnership agreements, or, if there is no agreement, to negotiate the division of property and debts and arrangements for children when a couple separates. We also offer the option of mediation, where we act as mediator and each party has a separate attorney outside the firm who reviews the agreement and provides independent advice.
Our office is actively involved in efforts to reform the law to better protect domestic partners, including litigation to extend the right to marry to gay and lesbian couples.
Real Estate
We are mindful that buying or selling a house is a major life event. It can be very stressful to coordinate selling one home, buying another, and making all the moving arrangements.
We strive to make the process as simple and stress-free as possible by explaining each step, letting our clients know what they need to do, preparing them for the closing, coordinating with the attorneys for the bank and the other party, and working with real estate agents.
We also provide representation for commercial closings, including rental properties and other business properties, and represent area lending institutions.
Another aspect of our real estate work is to advise clients about residential and commercial leases to make sure that the client clearly understands lease terms and that his or her interests are adequately protected. When necessary, we handle litigation related to leases.
Employment
Though we counsel both employers and employees concerning all aspects of employment law, in this area we generally represent the employee in dispute with his/her employer. Frequently, the underlying dispute is a civil rights matter and is treated accordingly.
We also represent academics in tenure-related disputes and in disciplinary proceedings at various institutions throughout the region, including Cornell University, Ithaca College, Elmira College and other schools.
Wills, Trusts and Estates
It is critically important for every adult to be well informed about the rules that apply if he or she has not signed a Will. Very often, the default rules do not meet our clients’ needs, and we assist them in preparing a Will so that their wishes are carried out and their families are protected. In particular, domestic partners and parents with minor children need to plan carefully to ensure that the tragedy of a death is not compounded by hardship for the survivors through poor planning. Our services include complex estate planning to address estate tax issues and other planning goals. We also advise clients on the options of creating trusts to meet their planning goals.
We assist clients in designating a trusted relative, partner or friend by means of a Health Care Proxy to carry out their wishes regarding health care if they are incapacitated. A Living Will gives clients the opportunity to express their wishes about terminal health care. We discuss with each client the advisability of having a durable Power of Attorney, which will enable a trusted person or institution to take care of financial and other affairs without the need for the appointment of a guardian.
In instances where a client is concerned about a relative, partner or friend who is incapacitated, we assist clients in applying for appointment as a Guardian. Our involvement in guardianship proceedings includes appointments by the court to represent the interests of the alleged incapacitated person.
Estate Administration
After the death of a loved one, we assist the administrator or named executor in the administration of the estate, providing guidance in a sensitive and compassionate way at a time when family and friends are grieving and often overwhelmed by the tasks involved in taking care of an estate. We discuss the extent of our involvement with each client, and then carefully guide them through the estate administration process. We also have extensive litigation experience and expertise in representing clients in estate litigation.
Small Business
We work closely with clients who own, purchase or start a small business to ensure that the business is structured in a way that meets their needs. We help clients determine whether to conduct the business as a sole proprietorship, partnership, limited liability company, corporation or other kind of entity, and guide them through the business formation process. As a business grows, we help our clients with general advice about contracts, employment issues, and any litigation arising from the business. We offer advice and assistance in the purchase or sale of a business to make sure all legal requirements are met and the closing proceeds smoothly. We also represent business clients in commercial litigation.
Municipal Law
We bring many years of experience to the field of municipal law, including zoning, planning, land use and historic preservation issues. Mariette was City Attorney for the City of Ithaca from 1996-99, and continues to represent municipalities and municipal agencies such as the Ithaca Urban Renewal Agency, Tompkins County Industrial Development Agency, the Village of Freeville, and the Town of Ulysses, and has provided legal consultation to the Village of Potsdam, New York. Ray has many years of experience and public service as a member of the Common Council of the City of Ithaca and is a current member of the City’s Board of Public Works. We advise both municipalities and individuals on all aspects of municipal law.
Not-For-Profit Corporations
We represent not-for-profit corporations in many aspects of their operations, including contract review, incorporation, drafting and revisions of bylaws, a variety of transactional work and litigation. We offer a reduced hourly rate for not-for-profit clients and are mindful of the mission and needs of each organization as we advise them.
Appeals
We have an active appellate practice in New York courts, both federal and state. Our services include preparation of the Record, all briefing and oral argument. Our attorneys have argued in the Appellate Division of the New York State Supreme Court (Third & Fourth Departments), and in the New York State Court of Appeals, New York State’s highest court. We also have argued in the United States Court of Appeals for the Second Circuit. We often handle appeals upon referral by other attorneys.