Peacock Keller Frequently Asked Questions

Mediation is a process where a neutral third party, called a mediator, meets with the parties to discuss and negotiate their dispute in an attempt to reach a mutually agreeable resolution. Arbitration is a process where an arbitrator, often consisting of a panel of attorneys, hears evidence in a less-formal setting and comes to a decision on liability and damages. Trial is a formal examination of evidence before a judge in a courtroom, sometimes with a jury, in order to decide liability and damages.

Most likely you cannot recover your attorney’s fees from the other side.  However, there are some circumstances that allow recovery of fees, including statutory or contractual fee awards for particular kinds of cases.  Whether you can recover those fees will depend on the kind of litigation in which you are involved.

The litigation process is divided into several phases.

The first stage involves the investigation and filing of the complaint. During this stage, the attorney investigates the factual basis of the claim and legal theories of liability. The attorney may hire investigators, expert witnesses and obtain documents that are necessary to evaluate and pursue the claim. After the complaint is filed, the defendant files what is known as an "answer." The answer denies the factual allegations stated in the complaint and denies any liability for the claim.

The second stage of the litigation process is known as discovery. Discovery allows both the plaintiff and defendants to send written questions to the opposing party (called interrogatories) that need to be answered under oath. It allows production of documents from the other side. It allows for oral questions upon examination called a deposition. As a plaintiff, you and your lay and expert witnesses (such as treating physicians) will be deposed. It allows the parties to subpoena third parties who are not part of the lawsuit to obtain documents or testimony.

The third stage is known as pre-trial motions stage. During this stage, the parties bring pre-trial motions in order to (a) have the case dismissed or the issues narrowed; (b) to obtain discovery that was not allowed; (c) to establish the procedures and evidence to be used at trial.

The fourth stage is the trial of the case and any appeals. During this phase, the parties present their case to a judge or jury by way of live testimony and submission of exhibits. After hearing the evidence from all sides and listening to the instructions of law given by the judge in the case, the jury renders a verdict. There is a right to appeal from a verdict that can be exercised by either party. The appeal process generally takes between a year and two years.

The first step in filing a lawsuit is selecting and then meeting with your attorney to prepare the lawsuit. The attorney will assist you in investigating the case, determining what parties may be liable to you and selecting the theories of liability that will be included in the lawsuit. Once this process is completed, the attorney will file a complaint in court. The complaint will name you as the plaintiff and the parties that are at fault as defendants. The complaint will state the facts of your claim and the legal theories of liability you are pursuing (for instance, negligence, product liability, breach of contract, etc.). The complaint will set forth the kind of damages you are asking for but will rarely indicate the amount of damages that you are claiming.

It will depend on the Statute of Limitations. The Statute of Limitations is the maximum time after an event occurs, or sometimes the harm is discovered, within which legal proceedings may be initiated. In Pennsylvania, the maximum amount of time to bring a personal injury case is two years. That’s why it is important to act fast and contact an attorney to discuss your options as soon as possible, before the Statute of Limitations runs out and you’re unable to file a lawsuit.

The first step is determining if you have a valid claim. We will conduct a short interview over the phone, gather your records, and possibly speak to experts in order to make that determination. If you do have a claim, we will file a Complaint and follow the processes set by the court.

If litigation is initiated by either party, you likely will be asked to give a deposition under oath. If this is the case, we will help you prepare for the deposition ahead of time. You will not speak to the defendant's attorney without us present.

We will keep you updated on what’s happening with your lawsuit as your case progresses through the court. We will send regular email updates and are available to speak with you over the phone or text to make sure you’re up-to-date with what’s happening in your case.

Most often cases are settled out of court before ever reaching a trial or jury. Settling a case means ending the dispute before the end of a trial. Trials are long and expensive. If the cost of settling is less than the cost and risk of going to trial, the parties may be willing to settle. In some tort cases, bellwether trials are used to test cases before a judge or jury. When major verdicts are handed down at bellwether trials, the defendant may choose to settle before any other case goes before a jury.

There are certain financial obligations that may be deducted from your share of the settlement. For example, your health insurance company could issue a medical lien against your case to recover money it spent paying for your medical treatment after your injury. Other fees may also be taken out of your settlement share, including the costs of litigating your case: medical records, expert witness fees, court filing fees, depositions, etc.

Business litigation mostly entails disputes related to or stemming from business transactions between individuals or companies. The essence of business disputes involve some kind of contract (oral, written, or statutory obligations) that could arise from a tenancy, a sale of goods or provision of services.

A “win” for clients is a result that is within the expected results set forth in the early consultations and within the range of the agreed-upon litigation budget.

In other words, if the client prevails, but the costs of litigation are too financially burdensome, It would not consider it a “win.” Similarly, if the costs of litigation are kept modest, but the outcome severely prejudices the client’s interests, that is not a “win.”

That is why an early meeting with counsel and a completely candid discussion of the expectations, and the budget are so critical to establishing the right relationship with the right lawyer.

If a letter demanding payment of a sum of money or threatening a course of conduct detrimental to the business or personal assets of anyone has been delivered, contacting an attorney early may head off a more complicated and more expensive situation in the future. While it is true than any individual in a lawsuit may represent himself or herself, a corporation or other business entity may not. So, if you or your business has been served, or even threatened, with a lawsuit, contact a business litigation lawyer to learn your options before deciding how to respond.

Litigation cases can easily take 1-2 years if not more. Unless the parties decide to settle early, most cases don’t settle until the preliminary discovery stage is completed, which is generally a six-to-twelve-month process.

Yes, but depending on which side you are on (employee, shareholder, co-founder, CEO), your reporting and remedial actions or obligations may differ.

Contacting an attorney for advice before making any decision that could jeopardize one’s employment, or run afoul of the law, is always a good idea.

This is a hard question to answer without seeing your documents and your situation. The best advice is to always contact a business lawyer to review your documents prior to signing.

On March 24, 2021, Senate Bill 472 was introduced in the Pennsylvania Legislature.  If passed, the bill allows for the development of Community Solar projects no greater than 5 MW (typically requiring about 10 acres).  Community Solar allows individuals to subscribe to a local solar installation and receive a credit on their electricity bill based on how much power they received from the array each month.  The feasibility of a solar installation depends on several factors including topography, proximity of existing power substations, and availability of three-phase power lines.  Peacock Keller helps big and small clients as they face the introduction of renewable energy in southwestern Pennsylvania and decide where, or how, they fit into the growing puzzle of energy solutions available to our communities.   

The solar lease process typically entails both a Lease Option and Lease Agreement.  Lease Options provide time for developers to perform due diligence and determine an installations feasibility, while the lease itself may last for years, if not decades.  Peacock Keller has negotiated solar leases throughout southwestern Pennsylvania, and whether you are a solar energy developer looking to expand your portfolio, or curious if a community solar would be a fit for your farm, we look forward to assisting you and providing insights and solutions based on our experience.     

A power of attorney allows you to designate another person to handle your personal and financial affairs on your behalf during your lifetime. At death, the power of attorney ceases and the will becomes the governing document. It is recommended to get the help of an estate planning attorney so that you have both documents in place and your affairs can be handled in an orderly fashion.

A will is a legal document that spells out how you want your affairs handled and assets distributed after you die. A trust is a fiduciary relationship in which a trustor gives a trustee the right to hold title to property or assets for the benefit of a third party. Contact an estate planning attorney today.

A prenuptial agreement, properly drafted and advised on, is the best solution. Contractual estate planning documents and certain trusts can also be beneficial.

No. Your assets pass according to the Pennsylvania Intestacy Law, which divides the assets among certain relatives. However, the law rarely aligns with an individual’s wishes, so having a properly drafted Will is the best solution.

The Federal Estate Tax applies only to the extremely wealthy. Unless you have made exceedingly large gifts during your lifetime, your estate would only be taxed by the federal government if it eclipses, as of 2022, $12,060,000 (double that for married couples). If you find yourself in such a situation, you can take measures to mitigate this large tax, which reaches a top rate of 40%.

Pennsylvania assesses an inheritance tax based upon how your beneficiaries are related to you. No tax will be applied to property passing to your spouse, but property passing to children, grandchildren, parents, and grandparents is taxed at 4.5%. Property passing to siblings is taxed at a rate of 12%, and anything passing to anyone else is taxed at 15%. Keep in mind, however, that there are numerous deductions to be taken against the tax, and certain assets, such as life insurance and qualified family farms and businesses are exempt from the tax. A revocable living trust will not eliminate this tax.

To begin the probate process, you will need to file a Petition for Probate, the original Will, and a death certificate with the Register of Wills for the county in which the deceased resided. As an Executor, you have serious responsibilities to the beneficiaries and creditors of the estate, so it is wise to seek legal counsel as a first step to ensure that you don’t incur any personal liability.

The main difference between an LLC and a corporation is that an LLC is owned by one or more individuals while a corporation is owned by its shareholders. No matter which entity you choose, both entities offer big benefits to your business. Incorporating a business allows you to establish credibility and professionalism. Get in touch with a business lawyer to learn more.

First, you should be aware that the liabilities of the business can attach to it – meaning that you might be responsible for problems caused by the previous owner. A properly negotiated purchase agreement can mitigate the risk associated with your new endeavor. In addition, the purchase agreement and associated document can address matters such as post-closing employment or consulting by the previous owner, real estate issues, and how disputes will be resolved, among many other things.

The sale or purchase of a business can take one of two forms: an asset purchase or a stock purchase. The method favorable to you depends on a variety of factors, including the type of business and tax consequences.

Oftentimes mediation is the answer. However, if your differences are irreconcilable, a business “divorce” is the answer. The first step is to try to resolve the situation amicably by negotiating a settlement agreement acceptable to both parties. If that’s not possible, there are a number of formal legal actions that can be taken to ensure that you’re treated fairly, particularly if your partner has misused the business’ assets or funds. 

The best course of action is to solve the problem before it starts. Certain tasks, such as entering into a “buy/sell” agreement at the very beginning, can not only make the separation process orderly and provide a measure of certainty should problems arise, it can also address uncertainties in the event your partner dies or becomes incapacitated.

Simply closing up shop is usually the worst decision. Your business is an asset that has value that you’ve built over time. You can realize that value in any number of ways, including a timely succession plan made with family members and/or key employees, or an outright sale. With the help of a qualified attorney, you can review a number of options that will provide flexibility while ensuring you don’t leave empty-handed. It is best that you examine these issues several years before your anticipated retirement.

Title insurance protects a buyer from any defects in the title to the property including liens, mortgages, or other encumbrances. Work with a commercial real estate lawyer to learn more. 

Purchasing a house directly from the owner can save a buyer a considerable amount of money.  However, there are pitfalls that must be avoided.  The first step in the process is speak with an attorney who can prepare a sales agreement for the property. The Seller should also complete a Seller's Disclosure as required by Pennsylvania law. After the agreement is signed, you can have inspections done for the property, while your attorney or title agent will review the public record to ensure that there are no outstanding liabilities regarding the property.  Buying a home, whether directly from the owner or from a seller with a real estate agent, is a situation where having trusted counsel to advise you is critical.   

Investing in real estate can be a lucrative and satisfying endeavor.  If you have identified an investment property that you would like to pursue, the first step of any aspiring real estate investor should be to form an entity, such as a corporation, limited partnership, or limited liability company (LLC) to protect their personal assets. Peacock Keller can quickly and easily assist in the business formation process.  Upon formation of the business entity, we advise that an agreement of sale be entered into laying out the intentions of the involved parties.  Executing the agreement of sale as a newly formed business entity, helps to avoid additional realty transfer taxes.