Practice Areas

Experience you
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practices areas

Practice Areas

We serve businesses and individuals in Indiana and Michigan in the areas of Litigation, Estate Planning, Business Law, Bankruptcy, Family Law and Real Estate.

Litigation

Appeals

An appeal typically begins when legal proceedings in a trial court end, for example by a jury verdict or summary-judgment order. If a party isn’t satisfied with the trial court’s decision, the party can appeal the decision to a higher court. The appellate court’s job is not to retry the case. It doesn’t hear testimony or decide the facts. Instead, it will consider whether the trial court properly applied the law and if it had sufficient evidence to justify its ruling. If the trial court got the law right, the appellate court will uphold the decision; if the lower court was wrong, the appellate court will reverse the decision and send it back to the trial court often for further proceedings.

Because appeals are done almost entirely through written submissions, our appellate lawyers have developed a unique, easy-to-understand writing style that has been praised by judges, clients, and even other lawyers. We carefully format our briefs and submissions to reflect the same attention to detail and thoroughness we apply to researching and writing any of our other substantive legal arguments. And—when it’s appropriate—we add pictures, insert boxes, graphs, and even hyperlinks to help judges understand our arguments.

Judges read thousands of submissions a year. Almost all of them look alike and read alike. Our briefs—with their sharp layout, clear prose, detailed research, and well-organized arguments—stand out, helping you and your case to stand out, too.

Collections

Even though there are many variables, collections can be a great business asset, allowing your organization to not only function, but thrive with all of the funds due you.

Our lawyers have years of hands-on debt-collection experience and we’re dedicated to helping clients recover debt—even that deemed uncollectible—in a swift and professional manner. From collecting judgments to finalizing foreclosures to perfecting all the nitty-gritty details of a lien, we’re here to help you every step of the way.

We act swiftly so that you can get back to running your business, with the money that is rightfully yours. Let our experienced team, backed by the expertise of a full-service law firm, help you with your debt collection needs.

Commercial Litigation

Contrary to popular belief, business disputes—not personal-injury claims—make up the bulk of non-domestic-relations civil court filings in the United States. That’s right: businesses suing to enforce contractual obligations are what keep our courts busy.

Litigation is often a last resort, but when it can’t be avoided, we work with our commercial clients to manage risks and find the most cost-effective approach to resolving business disputes.

Our litigation lawyers have years of experience handling complex, multi-party litigation. Our goal is to get to the bottom of the issue, avoid lengthy litigation, minimize business disruption, and conclude your case creatively and quickly. We also represent trustees, receivers, creditors, and debtors in major insolvency and restructuring matters.

So when a promising deal goes south, or when an employee strikes off on their own to set up a competing enterprise, see why business owners in northern Indiana and southwest Michigan have turned to us for over 100 years.

Construction Law

Are you a commercial or residential builder? A general or sub-contractor? Property developer? Design professional? Then it’s possible you’ve been involved in—or soon will be—a construction lawsuit.

Construction law is a combination of contract, commercial, and tort law. And with the complexity of warranties, contracts, regulations, and an often-lengthy chain of contractors and sub-contractors, we know that construction law can be tricky to navigate.

We always stay up to date on current industry trends to help our clients mitigate risks and identify issues before they even arise. Whether you need help negotiating a contract, filing a claim, or find yourself involved in a construction-related lawsuit or arbitration, our decades of experience mean we’ve covered the spectrum of construction law.

Insurance Litigation

At Jones Obenchain, we’ve been representing local, regional, and national insurers for over 100 years. The work we do runs the gamut from defending personal-injury claims, to litigating employment-discrimination claims, to prosecuting and defending coverage actions and errors-and-omissions lawsuits.

All of this litigation gets us into court…a lot. In 2018, Jones Obenchain tried more civil jury trials in Indiana than all but one other firm. And though litigation is an adversarial process, our peers consistently rank us among the best at what we do. So do our clients, if the feedback they’ve given us on legal sites such as AVVO and Martindale-Hubbell are any indication.

But as essential as courtroom skills are to a litigation prac­tice, they’re worthless if our clients and the courts don’t want to read what we have to say. Let’s face it: there’s a lot of writing in a litigation practice and most legal writing is a chore to get through. We read it because we have to, not be­cause we want to.

So our litigators emphasize writing in plain English, using cutting-edge tech­nology in the documents we prepare to make them a pleasure to read. What does that mean, exactly? It’s not unusual to see photographs, hyperlinks, and video embedded in our briefs and motions. These add visual interest to the text and corroborate the arguments without sending readers to riffle through mounds of exhibits.

Not only are plainly written and visually appealing documents easier for you to read and understand, they help persuade mediators and judges about the merits of your position. Staying at the fore of legal writing gives us, and you, a competitive edge so that we’re often able to bring cases to a successful resolution before we ever have to set foot in a courtroom.

Mortgage Foreclosures

A foreclosure occurs when a lender takes a mortgaged property from borrowers who fail to keep up on their mortgage payments. The foreclosure process usually begins when a borrower falls behind on mortgage payments and are in default. The conditions for defaulting vary based on state law and the terms in mortgage agreements. Once a borrower defaults, late fees, legal fees, and other charges accumulate and are added to the outstanding debt. And the interest rate may go up.

Facing foreclosure can be a difficult and emotionally taxing process. But lenders don’t always foreclose on mortgages that are in default. They can negotiate with borrowers. They might agree to adjust the terms of the mortgage, refinance the debt, permit the borrower to sell the property, or allow him or her to make up for missed payments.

At Jones Obenchain, we have a wealth of experience helping lenders foreclose and helping borrowers who are facing these difficult situations. We’ll help you determine what the right move is, whether to negotiate a solution, cut your losses, or something in between. Put our know-how to work for you.

Personal Injury & Wrongful Death

When you’ve been injured, your focus should be on getting better. But that can be difficult as medical bills mount and insurance companies call with offers to settle. The last thing you want to deal with are medical professionals and insurance companies.

But you don’t have to go it alone. For over 100 years, Jones Obenchain’s lawyers have represented individuals who have been injured through someone else’s negligence—whether in a car accident, slip-and-fall incident, or by a defective product. And because we represent not just the injured, but also those accused of negligently injuring someone else, we have the expertise necessary to assess injury claims from every angle.

And the work we do for injured people gets us into court—a lot. Unlike many injury lawyers who never see the inside of a courtroom, we actually try cases. But our lawyers are skilled in alternative-dispute resolution, too. We regularly participate in arbitration and mediation which reduces the cost of litigation and gets cases resolved more quickly than a trial. So if you’ve been injured and need help, give us a call. Put our years of experience on both sides of the aisle to work for you.

Product Liability

Products liability refers to the body of law that holds manufacturers liable for the harm caused by a product once it enters the consumer market. The title “manufacturer” can refer to anyone along the manufacturing chain, including the actual manufacturer, an assembler, a wholesaler, even the retail-store owner that sells the product.

Design, manufacturing, and marketing/labeling defects can all incur liability for the manufacturer. Products-liability claims can be based on negligence, strict liability, or breach of warranty of fitness for a particular purpose. But in Indiana, all products-liability actions are con­trolled by statute regardless of the underlying legal theory.

No matter how an injury is sustained, it’s never easy. It’s often even more frustrating to know that it was due to a faulty product. We get it and we’re here to help. Our extensive knowledge in this field means that we can tackle your case, no matter the obstacles.

We’ll walk with you through every step of the process to ensure you get the legal help you need to get you back to living life—stress-free. If you’ve been injured by a defective product or have questions, contact us today!

Worker’s Compensation

Workers’-compensation law serves two main goals: to compensate employees who are injured, disabled, or killed in the workplace, and to protect employers and co-workers from tort claims and runaway jury verdicts.

When dealing with an injury or other traumatic experience, the process of filing a worker’s compensation claim likely sounds overwhelming and worrisome. But it doesn’t have to be.

We’re recognized leaders in the field of workers’ compensation, bringing both a compassionate and practical approach to every case. So when that unexpected incident occurs, there’s no need to worry—just give us a call.