Real Estate Law

With a general real estate law practice, I represent various builders and contractors, real estate investors, real estate brokerage firms, agents and property managers and owners throughout the real estate life cycle including financing, acquisition, planning, zoning, construction, development, management, and disposition of real estate.

From helping clients identify the best corporate structure for their investment for liability, business operation, and tax reasons, to obtaining new zoning, to drafting leases for landlords, to representing landlords or property management companies, to handling evictions, to representing Property Owners Associations, my practice is substantially dedicated to real estate law.

Quiet Title Actions

When a person needs to establish that he is the proper owner of a piece of real estate in Arkansas, the proper action is to file a petition with the appropriate circuit court to quiet title to the property in his or her name. Below is a compilation of statutes that govern how someone confirms that he or she is the proper owner in a quiet title action.

Section 502 provides the requirements of the petition. The petition must describe the land, state facts showing a prima facie right and title to the land, and state that there are no adverse possessors on the property. Further, one has to search a lot of files and provide notice of the quiet title action to anyone who should be notified of the lawsuit. A proper search includes searching (1) the land title records of the county, (2) tax records held by the county’s collector, treasurer and assessor, (3) probate records, (4) voter registration records, (5) and any appropriate business or partnership records.

Notice to any individuals discovered during the search that may have an ownership interest must be made by sending notice in duplicate via certified mail to the individual by name and to the same address as “occupant”. If the certified mail is returned, then another notice must be sent via regular mail.

Also a conspicuous sign needs to be placed on the property that references the lawsuit.

If the petitioner trying to quiet title knows of someone who claims an interest in the property, then the petitioner must name the other person as a defendant and summon them to court.

The petitioner must also have a notice published in the newspaper of the county on the same day of the week for four weeks. That notice must tell everyone who claims an interest in the property to come forward and speak up.

After publication of the notice, the court is required to hear proof of allegations in the petition. If the petitioner can not show a perfect claim of title, then he must show color of title for the property for a period of seven years and have paid the taxes on the property during that time.

If the court is satisfied, then it will issue a decree establishing and quieting title in the petitioner. However, there are some important exceptions. The decree is not valid against those who contracted with the petitioner, a person in adverse possession, a person who paid the taxes in the last seven years or a remainderman unless he or she were served and summoned to court.

The decree should be recorded in the real estate records. The decree may be set aside within three years if someone can present a meritorious defense. If there is someone suffering from a disability such as infancy, lunacy, idiocy or someone claiming an interest in the property under someone suffering from such disability, then the decree may be set aside up to three years after the removal of the disability.

Personal Injury Law

The most common types of personal injury claims are road traffic accidents, work accidents, tripping accidents, assault claims, and product defect accidents (product liability). The term personal injury also incorporates medical and dental accidents (which lead to medical negligence claims ) and conditions that are often classified as industrial disease cases. Personal injury cases may also include toxic torts, in which a contaminant transmitted by air or water causes illness, injury, or death (as in John Grisham's book, A Civil Action).

Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform.

Attorneys often represent clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful.

Typically, a Plaintiff attorney charges 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter proceeds to trial. These sums are negotiable before hiring an attorney. Legal aid from the government may not be available; for example it was largely abolished in England in the late 1990s and was replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful.

Legal Contract Preparation

A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition. Contract law concerns the rights and duties that arise from agreements.

A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. Minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing.

Plaintiff Insurance Representation

A plaintiff (in legal shorthand) is the party who initiates a civil lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages).

If an insurance company denies your claim under a policy for disability coverage, life coverage, injury coverage, medical payments coverage, loss of home or personal property coverage due to fire, flood, or other disaster, etc., then filing a civil suit in a court of law is a possible remedy for you. In many instances, acquiring legal representation to facilitate your claim before a claim is denied can save you trouble and money.

Litigation Services

A lawsuit (or suit in law) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law." The term refers to any proceeding by a party or parties against another in a court of law.

Sometimes, the term "lawsuit" is in reference to a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act.

A declaratory judgment may be issued to prevent future legal disputes.

A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a civil case, as plaintiff, or defendant regarding an injury, or may provide the state with a civil cause of action to enforce certain laws.

The conduct of a lawsuit is called litigation. The plaintiffs and defendants are called litigants and the attorneys representing them are called litigators. The term litigation may also refer to criminal trial.

Wills

Let Friedman Law Firm, P.L.L.C. help you with your Will. It's never something anyone wants to think about, but the day you pass away, your loved ones will truly appreciate that you went out of your way to prepare.

Property Owners Association

Are you tired of the deadbeat free riders who take advantage of the community and fail to pay their dues? Are you ready to have an outside manager take care of the receipt, record keeping and collection of dues? What can you do when someone continually violates the POA rules and regulations?

Our office can assist your Property Owners Association with enforcement of the property owners association rules, regulations and dues. Contact us now to see how we can help.

Lease Drafting

As a landlord for nearly a decade and as an attorney, I can tell you what is in your lease is crucial. Late fees, when to return the security deposit, acceptable reasons for withholding the security deposit, whether you can charge a pet deposit, the definition of abandonment–the language you use in your lease can have dire consequences. Is your lease up to date with current law? If you are a real estate agent, are your leases AREC Rule 10 compliant?

Our office drafts leases regularly.

Eviction Assistance

In Arkansas, there are two methods that you can legally take to evict a tenant. Each method is separate and distinct with different forms and timelines. Arkansas is the only state in the United States with a criminal charge for remaining in a property and failing to pay the rent. Arkansas also has a civil method for regaining possession of the property and evicting tenants. Which method would be the most effective for you depends on a number of considerations.

Our office deals with evictions regularly.

Criminal Defense and Criminal Law Representation

When you are facing criminal charges, the stakes are immediate and personal. A criminal conviction can affect your freedom, your employment, your reputation, and your future. At Friedman Law Firm, P.L.L.C., we provide strategic, responsive representation for clients dealing with misdemeanor and felony matters in Arkansas. Whether you are facing a DUI charge, a traffic offense, a disorderly conduct allegation, or a more serious criminal accusation, our goal is to protect your rights, evaluate the evidence, and pursue the most favorable outcome possible.

Our criminal law practice focuses on practical, individualized defense. We review police reports, challenge unlawful searches or weak evidence, negotiate with prosecutors when appropriate, and prepare thoroughly for trial when necessary. If you are searching for a trusted Arkansas criminal defense attorney, we encourage you to contact our office for a confidential consultation about your case and your legal options.

Trusts, Wills, and Estate Planning Counsel

Thoughtful estate planning helps protect your family, preserve your assets, and ensure your wishes are honored. Friedman Law Firm, P.L.L.C. assists clients with the creation of wills, revocable trusts, powers of attorney, healthcare directives, and other planning tools designed to reduce uncertainty and avoid unnecessary conflict. We also help families with probate administration, trust administration, and planning for incapacity or long-term care concerns.

Whether you are creating a basic estate plan, updating an existing plan, or seeking guidance on asset protection and family legacy planning, our trust and estate planning services are tailored to your goals. We work with individuals and families throughout Arkansas to create clear, legally sound plans that reflect their values and priorities. For clients seeking an experienced Arkansas estate planning lawyer or trust attorney, we are ready to help you plan with confidence.