Business Organizations and Commercial Litigation

Making the decision to form a business organization is extremely detailed and difficult. At the Law Office of Linda Hem, we walk you through this process from the beginning to the end. Initially, we help you make an informed decision on what type of business formation is right for your needs. The perfect business formation can be a limited liability company, partnership, corporation, or some other entity. Through an in depth evaluation of your business goals and needs, Ms. Hem will assist you in determining the most suitable business entity for you.

After your business is formed, there are several stages in the business cycle that can be impacted by various legal issues such as: reorganization, franchising, directors’ and officers’ liability, shareholder’s rights, mergers and acquisitions, and buy sell agreements. Our office can guide you in effectively making those changes. If you wish to speak with an attorney and you have questions about your business plan, contact our office today.

Additionally, Ms. Hem is experienced in drafting proper contracts for businesses and individuals that may help prevent future litigation. Although most business attorneys handle only transactional matters, Ms. Hem handles both transactional and litigation matters. Ms. Hem has experience in prosecuting and defending breach of contract, enforcement actions, and more. Contact us today for a consultation with your organization.

 

Civil Litigation

Civil litigation covers a full spectrum of topics. The main focus in civil litigation is money damages or specific performance instead of criminal sanctions. Since the relief is the common thread in civil litigation, this area ranges from real estate law to landlord tenant to DTPA actions. Ms. Hem has experience in all levels of civil litigation from pre-trial discovery and settings to trial to post-trial appeals.

A civil litigation suit starts when the plaintiff files a written complaint, known as the original petition. The defendant will then be served by either a personal process server or a constable. Twenty days is allotted for the defendant to respond by a written answer, known as the answer, or any special exceptions. Ms. Hem has not only filed lawsuits on behalf of plaintiffs but has also defended suits on behalf of defendants. Whether you are filing suit or defending the suit, it is important to have the aid of a skilled attorney like Ms. Hem.

 

Collaborative Law

Collaborative Law is an alternative to traditional litigation.  Currently, Collaborative Law is utilized more frequently in the area of Family Law, specifically divorces.  A collaborative divorce allows the couple to discuss all the issues and details of the divorce in private instead of having a public courthouse battle.  This alternative method provides a forum for couples to facilitate co-parenting and a healthy family unit during the divorce. 

There are numerous models to Collaborative Law, however, the most popular being the team collaborative model where a team of professionals including attorneys, financial, and mental health professionals work together with the divorcing couple to effectively, efficiently, and fairly divide the property and living arrangements.  Through joint team meetings, Collaborative Law promotes healthy discussions resulting in quicker divorce settlements.

The office is experienced in collaborative law with training by the Collaborative Law Institute of Texas.  Ms. Hem has worked with mental health professionals and other professionals to efficiently resolve her client's cases where both parties have consented to this alternative method.  Click here to find more information.

 

Family Law

Our office has experience in a variety of family topics including marriage, divorce, custody, and adoption.  Unlike other areas of law like Business and Commercial Law, Family Law is state specific and the laws may vary from state to state.  Divorce, a frequent topic in Family Law can be either contested or uncontested.  In an uncontested divorce, the couple can agree on how to split the property and living arrangements.  A simple negotiation or settlement can resolve all the issues of the divorce.  On the other hand, in a contested divorce, lots of questions may fill your mind such as:  'Who will the children live with?'  'Who gets to keep the house?'  'Who will pay the credit card bills?'  'How will I support my family now?'  'When will this divorce be over?'  This very delicate area of law requires the expertise of an experienced attorney that understands your goals and wishes in order to advocate effectively for you.

Additionally, Texas as a community property state, treats property and assets differently than a common law state.  All assets acquired during marriage are split evenly and lack of financial contribution on the part of one spouse is not taken into consideration.  Property division is only one aspect discussed in a divorce.  Child custody and support are other heated issues heavily debated in a divorce.

Ms. Hem has experience representing numerous individuals in both uncontested and contested divorce, child custody, child support, and modifications.  Family law is a very delicate area of law where an experienced attorney is key to a successful outcome.  Whatever your family legal issue may be, contact Ms. Hem for an evaluation.

 

Probate

Probate involves the process of determining what happens to a loved one's property after death. During this difficult time period, an experienced attorney, like Ms. Hem, can help facilitate the administration. This process can be time consuming and costly, but with the assistance of an attorney knowledgeable in probate, it can be a simple legal process.  Due to the intricate details and requirements of probate, a skilled attorney in the matters of probate law is critical during the process.

The size and type of your estate determines what type of administration is appropriate for you.  Based on her exposure with probate, Ms. Hem can help you through either dependent or independent administration.  Probate issues are heard in the probate courts of Dallas County and Ms. Hem's familiarity and understanding of the courts will expedite your probate proceedings.

 

Immigration Law

Immigration generally falls into two categories: employment based or family based immigration. Employment based immigration occurs when there’s a business relationship between an employer and a potential employee. Ms. Hem’s familiarity with employment based immigration law guides employers to take all the necessary steps in ensuring that mandated requirements are met prior to and during the application process. Additionally, with Ms. Hem’s assistance, employers can hire exceptional talent without the worries of dealing with the cumbersome application process. Ms. Hem’s understanding of immigration law complexities eliminates many delays in the application process.

Family based immigration involves a family member applying on behalf of another relative. Although family based immigration sounds straight forward, the rules of preference and immigration categories can be extremely complex and confusing. For instance, one might believe a sibling falls into the higher category of "immediate relatives", but they do not! Due to the various categories and hierarchy of preference, it’s imperative to have an attorney like Ms. Hem who is familiar with and understands immigration law. If you have a loved one that you would like to immigrate to the United States, please contact our office and speak with an attorney.

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* The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between The Law Office of Linda Hem and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. This firm is not certified by the Texas Board of Legal Specialization.
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