Areas of Practice

Garnick & Scudder, P.C is a Cape Cod general practice law firm providing legal services to individuals, developers, and business clients on a vast array of matters from family issues, business and commercial matters, and real estate matters, including litigation or mediation in any of our areas of practice.

Corporate, Partnership and Business Services and Litigation

Business law governs the organization of businesses - whether as corporations, limited liability companies, partnerships, sole proprietorships, and also such matters as contracts, sales, commercial paper, agency and employment law. Business law issues may include starting, buying, selling, or terminating a business, or managing a business and dealing with employees.

Setting up, revising, or terminating your business structure requires an examination of your current, and future, business needs to enable you to obtain maximum benefit of your business. Our attorneys can advise and assist you in:

choosing your business structure, forming the business organization, drafting business agreements and forms;
drafting partnership agreements;
negotiating and concluding sale and lease-back transactions;
drafting, evaluating, or terminating employment agreements;
acquiring, transferring or dissolving businesses;
representation of businesses or business owners in arbitrations or litigation.

Real Estate

Real Estate law involves a wide range of activities depending on the needs of the individual, the developer, or the business. It may involve simply the buying and selling of real estate, obtaining permits for a change in use of a parcel of real estate or the addition or expansion of a structure on a parcel of land, the development of a large parcel into smaller residential or commercial parcels, into condominiums, or the development of affordable housing.

Our attorneys provide a broad range of real estate services to individual property owners as well as developers, corporations and small businesses in meeting land use requirements and regulations. Our attorneys represent clients before local, county and state permit granting authorities. Whether purchasing, selling, improving, subdividing or dealing with real estate in some other manner, our attorneys:

represent buyers, sellers or lender in the purchase or sale of residential, commercial and industrial real estate;
represent developers on residential subdivision development, condominium development or conversion, or affordable housing and 40B development;
draft and negotiate loan documents;
represent lenders or owners on mortgage foreclosures and loan workouts;
represent parties on landlord-tenant matters;
represent parties on title disputes, partition of property, and in land registration litigation;
represent parties before local, county and state regulatory boards.

Domestic and Family Law and Litigation

Family relationships are often challenging, even on the best of occasions, and particularly when such relationships change or come to an end. Family law includes marriage, adoption, divorce, spousal support, as well as child custody and child support - whether as the result of a marriage or out of wedlock. Family challenges often result from the advanced age or disability of loved ones, requiring others to take over the decision making for them. These challenges often span state and country borders.

Our attorneys can provide legal assistance to you whatever the stage of your relationship. These services include:

divorce, division of marital assets, separation, alimony and separate maintenance;
child custody and visitation, child support;
prenuptial and post nuptial agreements and litigation;
adoption;
guardianship or conservatorship of family members;
mediation of family disputes.

Estate Planning, Administration, and Litigation

Planning for your future and protecting your assets for future generations is often a complex and daunting experience. Depending on the size of an individual’s estate - his or her real and personal property, stock holdings, business ownership, or other assets, the individual may choose to hold those assets through a trust or other device - in the present and in planning for the future of family or friends after his or her death. That individual may choose to hold that asset in his or her own name in the present but to designate who will receive those assets upon death through a will.

Individuals also need to make arrangements for themselves if there comes a time when they can not handle their financial or medical affairs on their own and should consider designating trusted family or friends to take over the decision making through a power of attorney and health care proxy.

Once a person dies or becomes unable to care for him or herself family members may need the assistance of an attorney in taking over care of that individual, possibly seeking intervention from a court if disputes arise.

Our attorneys provide legal services which will assist you in meeting these challenges such as:

estate planning including drafting of wills and trusts;
estate administration including probate of wills, administration and settlement of estates, and representation of executors or trustees regarding the implementation, meaning and contests of estate plans;
handling estate and gift tax issues;
establishing guardianships or conservatorships;
distribution of estate or trust assets to beneficiaries;
mediation of trust and estate disputes.

Civil Litigation and Appeals

Litigation is any lawsuit or other resort to the courts to determine a legal question or to obtain damages from an opponent. Litigation involves many complex legal issues which require not only knowledge of the law that governs the dispute, but also the law governing the procedures to be followed in order to properly litigate a claim. Garnick & Scudder’s trial attorneys represent a wide variety of clients, including individuals, partners and business entities, homeowners and builders, in Massachusetts state and federal courts, administrative agencies, as well as in arbitration and mediation. The representation provided by our trial lawyers is enhanced by the support of the firm lawyers who practice in other areas of the law.

Litigation is an adversarial process covering many substantive areas of law including:

corporation and business litigation;
consumer and creditor protection;
breach of contract and damages, contract interpretation;
faulty construction or failure to perform construction contracts;
employment and discrimination litigation;
protection of real estate interests and land disputes;
civil wrongs resulting in damages;
representation before professional boards of registration and local and state agencies, and before the Division of Administrative Law Appeals;
appeals to state and federal courts including the Supreme Court of the United States.

Bankruptcy and Workouts

Our firm has substantial experience in the representation of individuals and businesses entities on commercial matters including bankruptcy and workout issues through the representation of debtors, trustees, creditors committees and secured and unsecured creditors in Massachusetts and throughout the United States:

Practice before the U.S. Bankruptcy Court;
Representation on out of court workouts and financial restructurings.

Personal Injury and Disability

Personal injury law involves injury which is caused accidentally by another’s failure to use reasonable care, whether through negligent or reckless action. A successful plaintiff in a personal injury suit may recover damages for medical expenses, property damage, emotional distress, pain and suffering, loss of consortium or companionship, and lost wages.

Our attorneys represent individuals who have suffered serious injury or death as a result of :

automobile and motor vehicle accidents;
pedestrian accidents;
accidents on public or private property.

Our attorneys also represent individuals seeking disability benefits from the Social Security Administration or from insurance policies.

Medical Professional Representation

Health care workers, including doctors, nurses, certified nursing assistants, and nurse practitioners are required to follow state and federal law and regulations in virtually every aspect of their service to their patients. On occasion they may be called upon to respond to inquiries or disciplinary actions before the licensing and other agencies of the Commonwealth or the federal government.

Our attorneys are experienced in representing medical professionals before regulatory agencies including:.

licensing boards;
Department of Public Health;
Division of Administrative Law Appeals.

Mediation - Divorce or Family Matters, Business Disputes, Contract Resolution or General Disputes

Our firm has two trained and experienced mediators to provide mediation services in Family, Business or other areas within our areas of practice. We also represent individuals or entities at mediation or arbitration proceedings.

Criminal Law

Our litigation attorneys are prepared to represent individuals charged with criminal offenses including:

driving under the influence of alcohol or drugs;
sexual abuse;
white collar crimes;
violation of town or state rules or regulations.