BUSINESS & PERSONAL SERVICES DIVISION

The Business and Probate Division is composed of three sections, Corporate, Tax & Employment ("CTE"), Bankruptcy/Collection and Probate & Estate Planning.

In the CTE Section, the Firm is counsel for numerous business and commercial enterprises and, in that context, has formed and represented hundreds of Michigan profit and non-profit corporations, partnerships, proprietorships, limited liability companies, limited partnerships and other business entities. The CTE Section provides a wide variety of business related services, including advice as to choice of entity, the capital and tax structure of newly formed organizations and preparation of the documents associated with organizing and registering the business entity. Additionally, we have participated as counsel in the sales, mergers and acquisitions of both small and multi-million dollar business entities and transactions and frequently review or draft agreements related to the business activities of our clients. Our clients have frequently sought our advice as to shareholder and/or employee problems and we often draft Employment Contracts and Employee Termination Agreements and assist our clients in drafting and revising personnel policies and manuals. We also advise and assist businesses that are encountering financial difficulty or “business divorce” issues to either restructure or conclude their activities.

As representative and general counsel to a number of national banks, federal and state credit unions and cooperative associations, the CTE Section deals with all legal aspects involving the financial services business. On request, the Section conducts “Legal Audits”, which include examinations of books, records, corporate contracts and agreements, articles and bylaws to insure conformity to applicable state and federal laws and to reveal potential problem areas. The CTE Section works closely with the Probate and Estate Planning Section to coordinate the personal and business planning appropriate for business owners and their families. We also regularly perform tax planning and assist our clients in tax dispute resolution.

The Bankruptcy/Collection Section of the Firm represents creditors and debtors in bankruptcy and insolvency cases. The Section has experience in representing Bankruptcy Trustees, as well as Michigan municipalities in bankruptcy cases involving the non-payment of real estate taxes and special assessments. The firm has a number of attorneys admitted to practice in the Bankruptcy Courts of both the Eastern and Western Districts of Michigan. In addition to bankruptcy matters, the Section represents clients in both commercial and consumer collection matters. This representation includes pre- and post-judgment collection and enforcement, debt restructuring, forbearance agreements, claim and delivery actions, mortgage foreclosures and land contract forfeiture actions.

The Probate & Estate Planning Section provides probate and estate planning and administrative assistance and works closely with financial institutions in trust administration and provides tax planning advice to minimize estate taxes. Our estate planning services include living trusts, wills, durable powers of attorney and health care powers of attorney.

REAL PROPERTY DIVISION

The Real Property Division is composed of two sections, Real Estate, Environmental and Construction Law ("REC") and Drain and Municipal Law.

Real Estate, Environmental and Construction Law Section

The REC Section handles a wide variety of commercial, industrial and residential real estate matters. We also represent a number of real estate development companies and handle all aspects of zoning, special use permits, variance and site plan approvals.

Our attorneys have extensive experience in environmental law and the various aspects of Michigan's Natural Resources and Environmental Protection Act. We have represented clients regarding compliance with, and claims brought under the Wetlands Protection Act, the Inland Lakes and Streams Act, the Soil Erosion and Sedimentation Control Act, the Solid Waste Management Act, the Federal Clean Water Act, the Endangered Species Act and regulations pertaining to surface water discharge, underground storage tanks, subdivision control and the Federal and State Environmental Protection Acts.

The Section also focuses on assisting the business and litigation needs of our clients engaged in the commercial and residential construction business. Services include general business advice, preparation and foreclosure of construction liens and bond claims, inverse condemnation, contract suits, related environmental issues and assisting clients in obtaining special use permits and rezoning requests.

Drain and Municipal Law Section

The Firm’s Drain and Municipal Law Section provides legal services to a wide variety of governmental entities including county drain commissioners, county treasurers, cities and townships.

Drain Commissioners

A cornerstone of the Firm’s practice is the representation of county drain commissioners, with the Firm now serving over fifty county drain commissioner offices. The Hubbard Law Firm also serves as general counsel for the Michigan Association of County Drain Commissioners. Our attorneys have extensive experience in legal issues associated with public utilities as well as property and easement acquisition, municipal finance, public hearings, construction contracts, special assessment appeals and watershed management issues, and other issues involved with all pertinent statutes.

Municipal Law

Hubbard Law Firm attorneys have a wide range of experience in representation of cities and townships including providing legal counsel regarding procedures and practice, attendance and assistance in the conduct of public hearings, counsel regarding the Freedom of Information Act (“FOIA”) and the Open Meetings Act (“OMA”), litigation concerning election law, condemnation and development issues, drafting and review of contracts; appeals before the Michigan Tax Tribunal, and matters related to annexation, conditional transfers and the drafting and enforcement of municipal charters and ordinances. Our municipal attorneys provide counsel and litigation assistance relative to many state and federal laws.

The Firm also provides legal services to a variety of governmental subdivisions. As general counsel for the Michigan Association of County Drain Commissioners ("MACDC") and attorneys for a majority of individual county drain commissions throughout the state, the Hubbard Law Firm has worked with electrical, water, sanitary, telephone, and cable utilities. This work has encompassed the acquisition and utilization of easements and rights of way, municipal financing, construction contracts, environmental and other land use regulations. The Firm is also experienced in the area of eminent domain, having represented both condemning authorities and private landowners in condemnation proceedings.

Our involvement, and the close working relationships we have established, with the MACDC and county drain commissioners has provided us with a unique opportunity to consult and advise municipalities relative to land use, financing, labor and other issues faced by them.

The wide range of practice areas afforded to this Section includes: providing legal counsel regarding procedures and practice; attendance and assistance in the conduct of public hearings; counsel regarding the FOIA and the OMA; litigation concerning condemnation of necessary rights of way and related areas; drafting and review of contracts; drafting and review of resolutions and procedural challenges and assessment appeals before the Court of Appeals and the Michigan Tax Tribunal. We are also actively involved in matters with the Michigan Department of Natural Resources, Michigan Department of Environmental Quality and the Michigan Department of Transportation. In addition, constant contact is maintained with the Michigan Department of Treasury and the Michigan Department of Consumer and Industry Services.

Among the wide variety of issues presented, the Section is involved in legislation, and rules surrounding the Michigan Land Division Act, the Michigan Condominium Act, and the Mobile Home Commission Act and statutes involving governmental immunity. Further, the Section has been involved in the drafting of county stormwater management ordinances and county subdivision regulations and has also represented county road commissions and townships in related matters.

LITIGATION DIVISION

The Litigation Division is composed of two sections, General Civil and Criminal Law and Family Law.

General Civil and Criminal Law Section

The Firm's General Civil and Criminal Law Section is staffed by competent and experienced litigators, several of whom are former prosecutors. Ours is a full range of criminal practice, in both federal and state courts, from traffic and ordinance infractions to the more serious felony offenses, including homicide, bankruptcy fraud and white collar criminal charges. In both criminal and civil cases, our attorneys have a practical understanding of appellate proceedings. We have perfected appellate proceedings to the Michigan Supreme Court, the Sixth Circuit Court of Appeals, and the United States Supreme Court. Our more experienced attorneys have been awarded the highest rating of "AV" by Martindale-Hubbell Law Directory.

Family Law Section

Grandparental Rights, Prenuptial Agreements, Adoption, Child Custody Disputes, Child Support Issues and Divorce are the primary areas of law handled by the Family Law Section. The Family Law Section concentrates on assisting clients in making informed choices regarding the most vital aspects of their personal lives and their relationship with their spouses, children, stepchildren and parents.