O'Keeffe & Spies | Attorneys at Law

BANKRUPTCY AND CREDITORS' RIGHTS
Attorneys from O'Keeffe & Spies appear in the United States Bankruptcy Court for the Western District of Virginia. We are typically involved in complex commercial bankruptcies, often representing secured or unsecured creditors. We assisted secured creditors in obtaining relief from the stay. We also have taken a variety of other actions to protect creditors' automatic interests, including oppositions to Chapter 11 and 13 plans and/or disclosure statements. We have successfully challenged debtor exemptions and debtor discharges. We have represented a variety of other parties in addition to creditors, bringing and defending a variety of adversary proceedings in the Bankruptcy Court, including adversary proceedings involving preference actions, turnovers, and the like. .

COMMERCIAL AND CORPORATE LAW
Our firm provides a multitude of services to business entities. These include giving advice concerning the selection of an appropriate business entity, as well as taking all steps necessary to create, maintain, and when appropriate, to dissolve the business entity whether a c-corporation, a sub-s corporation, a partnership, or limited liability company. We represent business clients involved in mergers or acquisitions, as well as the sale or purchase of businesses. We assist our business clients in drafting and interpreting complex contracts, leases, and any other legal documents applicable to a client’s business. Our firm helps clients comply with a variety of local, state and federal laws and regulations.

The firm drafts corporate articles, by-laws, resolutions, minutes, and shareholder agreements for our corporate clients, as well as articles of organization, operating agreements and related documents for our limited liability company clients. We assist out of state corporations in obtaining authority to transact business in Virginia, and we serve as registered agent for Virginia and out of state corporations, limited liability companies, and limited partnerships.

Attorneys in the firm provide our business clients with representation in a variety of courts and other tribunals [see Commercial Litigation]. We provide assistance in employee related matters [see Employment Matters], as well as in areas of creditors’ rights and commercial bankruptcy [see Bankruptcy and Creditors’ Rights]. The firm has assisted clients concerning matters involving real estate or whether the clients are leasing or purchasing a business location [see Real Estate], as well assisting them in obtaining financing for their business operations and/or acquisitions.

COMMERCIAL LITIGATION
Members of the firm assert and defend commercial and business claims on behalf of our business and individual clients. Attorneys appear in all state and federal trial and appellate courts within the State of Virginia. We also represent clients in arbitrations, mediations, and other alternative dispute resolution forums.

We believe that an important role of an attorney is to advise our clients so they can avoid claims which may lead to litigation. However, when claims arise or litigation is required to protect our clients interest, we represent our client's intrest in court. We have experience handling diverse areas of litigation, including, for example, commercial insurance declaratory judgment actions; litigation involving enforcement of franchise agreements, real estate contracts, and other business arrangements and agreements. We are involved in litigation concerning the enforcement of shareholders' rights, collection of business debts, notes and other obligations. We also litigate a variety of employer/employee issues, including grievance cases, wrongful termination actions, enforcement and defense of employment contracts, including those involving confidentiality agreements and covenants not to compete. We also defend and bring actions between companies involving business torts. The firm has significant experience representing businesses and individuals in litigation involving real estate, including partition actions, mechanics lien suits, and suits dealing with easements, rights of way, or suit to establish title to land by adverse possession or the boundary to land.

CRIMINAL LAW
O'Keeffe & Spies represents clients charged with traffic matters and criminal charges, misdemeanors and felonies in the Central Virginia area in both state and federal court. Two members of the firm are former Assistant Commonwealth Attorneys.

Representation includes:

bond hearings
suppression hearings
misdemeanor charges
traffic charges
driving under the influence charges
juvenile traffic charges
appeals of misdemeanor cases to circuit court
felony charges
trials in circuit court
appeals

DIVORCE AND FAMILY LAW
O'Keeffe & Spies represents clients in a broad range of domestic situations and proceedings. With a combined experience of approximately fifty years in this legal area, the lawyers of O'Keeffe & Spies handle:

1. Contested and uncontested divorces;

2. Property disputes;

3. Spousal support;

4. Child support;

5. Child custody and visitation;

6. Pre-marital and post-marital agreements;

7. Adoptions; and

8. Name changes.

In these intensely personal and often emotionally charged matters, the domestic lawyers strive to ensure that clients have a clear understanding of the applicable law and court procedures, that clients are fully aware of the facts necessary to make informed decisions, and that clients are guided in forming reasonable, realistic expectations concerning their cases and the likely results of litigation. While we believe that, in domestic situations, negotiated settlements between the parties generally provide the most harmonious and individualized resolutions to disputes, we are fully prepared to, and often litigate domestic issues to obtain the most beneficial result possible for our clients. Area of Practice

EMPLOYMENT
The firm represents numerous business and governmental entities that have a significant number of employees. We also represent small businesses with a limited number of employees. However, whether large or small, we assist these clients concerning employment issues, providing them legal advice as to the requirements of local state and federal employment statutes and regulations.

When claims do arise, we represent employers in employment related litigation ranging from representation at grievance hearings to defense of wrongful termination actions, including federal actions under Title VII, ADA, ERISA, FMLA, as well as a variety of state law causes of action, such as wrongful retention, negligent hiring, assault and battery, defamation, and the like.

ESTATE PLANNING, WILLS & TRUSTS
O'Keeffe & Spies offers its clients a wide array of services in the field of estate planning and administration. From simple wills to complex estate tax planning, the lawyers of O'Keeffe & Spies are able to provide services to meet the needs of clients with a broad range of ages, financial resources, and planning needs.

The lawyers assist clients in examining assets and arriving at a plan for the transfer of wealth and property to the clients' chosen beneficiaries. In furtherance of that plan, the lawyers then structure asset allocation and re-titling, prepare powers of attorney, advance medical directives, simple and tax planning wills, insurance, unitrust and other inter vivos trusts, and handle adult guardianships, estate administration, and litigation related to wills and trusts.

O'Keeffe & Spies represents individuals in forming and setting up estate plans and dealing with estates and trusts. The firm also represent trusts and estates, to assist them in ascertaining and successfully completing their creators' intentions and plans.

PERSONAL INJURY AND WRONGFUL DEATH
Members of the firm regularly represent persons injured through the negligence or carelessness of others. The firm’s personal injury practice includes not only claims arising out of automobile accidents, but also claims involving accidents caused by unsafe premises and dangerous products. The cases range from automobile accident cases in which the damages may be relatively modest, to large complicated multi-party cases which may involve catastrophic injuries, including death. We handle cases involving complicated issues of liability, multiple defendants, and with unusual insurance coverage issues.

We take each case, large or small, very seriously, realizing that the interest of our injured client is paramount. We strive to provide our personal injury clients with individual attention. Our attorneys and our staff work with our clients on a one-on-one basis to guide them through the complex issues which often arise in connection with the preparation and presentation of a personal injury claim. We also sort out complicated legal issues of insurance coverage to be sure that all possible sources of recovery are identified.

Most personal injury and wrongful death claims are handled on a contingent fee basis, meaning there is no legal fee charged to the client if there is no recovery. Our legal fee is based upon a percentage of the recovery. The firm does not charge a consultation fee to potential personal injury clients and we welcome the opportunity to discuss with an injured person his or her claim.

REAL ESTATE
O’Keeffe & Spies is able to provide a full range of real estate services to individuals, businesses, investors, developers, and lenders. We are involved in all aspects of acquiring, developing, selling, leasing, and financing commercial real estate on behalf of our clients. We assist companies and individuals in negotiating and drafting real estate purchase and sale contracts, and can handle all aspects of the transaction from the title work to the closing services. We also handle tax deferred exchanges of real estate. Two attorneys in the firm are CRESPA qualified closing attorneys. Members of the firm are approved attorneys for numerous title insurance companies, including Southern Title Insurance Corporation, Lawyers Title Insurance Corporation, and Commonwealth Land Title Insurance Co.

The firm assists clients in commercial and residential development projects. We advise clients concerning land use and zoning matters, and appear before the boards of zoning appeals and the circuit courts in these and similar cases.

We draft leases for clients and a variety of documents related to the financing of real estate, including deeds of trust, notes, security agreements, financing statements, and the like.

The firm also has expertise and experience in real estate litigation, including suits involving adverse possession, easements, nuisances, partition, and mechanics liens.

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