Ramsden, Marfice, Ealy and De Smet, LLP

BUSINESS SERVICES

Ramsden, Marfice, Ealy & De Smet can assist clients with all manners of business entity formation and operational needs. We help clients decide upon the right kind of business structure for their needs. RMED lawyers have set up corporations, limited and general partnerships, limited liability companies, limited liability partnerships, tax-exempt organizations and joint ventures. At business start-up, our attorneys can help clients determine their profit sharing, management, ownership allocations, and employment preferences and help them generate all of the operational documents needed to properly establish their business and meet the regulatory requirements applicable to that business.

OTHER BUSINESS SERVICES

Once our clients are operating entities, we help promote profitability by providing ongoing liability assessment and risk management advice, transactional work such as reviewing, drafting and negotiation of contracts, leases, MOU’s, security instruments. When necessary, we can even help with business debt collection. 

BUSINESS LITIGATION AND ADR

If our business entity clients get in a dispute with an employee, a business partner, a shareholder, a customer or even another business, we can represent their interests in litigation, ADR (alternative dispute resolution) like mediation or arbitration.

We are experienced, practical, and efficient at handling all manners of business disputes, and our clients can trust that we will always protect their business entities.

DISSOLUTION AND WINDING UP

Few businesses go on forever. When circumstances necessitate dissolving a business entity, or winding up its affairs, we can help with that as well. We pride ourselves on being our clients' objective advocate through the succession, sale or dissolution or unwinding of the company.

Is a partner or co-owner leaving your company? Do you believe it’s time to pass the business reigns on to the “next generation”, whether that be the employees, family or new ownership? Did you decide to sell your business? Do you need to shut down your business for financial or other reasons? We can help. We draft and review purchase and sale agreements, prepare succession plans, advise on matters of transferring assets and ownership, and assist with other necessary legal matters.

DEBT COLLECTION SERVICES

RMED understands that in order to operate, small businesses and other creditors depend on receiving payments from their clients, vendees and business affiliates. That is why we fight hard to ensure our clients receive what is owed to them. Our creditor representation lawyers can:

Create, obtain and perfect security interests

Write collection letters demanding payment

Prosecute claims and obtain judgments against debtors

Record liens against debtor's property

Garnish wages and accounts of judgment debtors and execute against non-exempt assets

Assist with actions to foreclose on collateral

EMPLOYMENT LAW

Many business ventures will entail having employees. In today's environment, the potential to become involved in costly disputes over employment matters is always present. The attorneys at RMEH work with employers to develop policies and procedures that help prevent problems before they occur. These services include:

Reviewing, drafting, and updating employee handbooks, employment applications, and employment agreements/contracts

Reviewing and developing policies addressing workplace issues such as sexual harassment, discrimination, drug testing, and Americans with Disabilities Act (ADA) compliance

Advising employers on how to develop and enhance employee applicant selection procedures

Negotiation of labor and management agreements

Advising employers on employee terminations & processes

We have represented employers before the Idaho Human Rights Commission, the U.S Department of Labor, the EEOC, OSHA, MSHA, HUD and have defended employers in litigation before state, federal, and appellate courts as well as in administrative agency actions. Employment matters can cover a wide variety of claims, including:

Wrongful discharge/termination

Discrimination (age, race, sex, disability, national origin)

Sexual harassment

Hostile work environment

Wage disputes

Unsafe work environment

“Whistleblower” claims

We strive to help employers avoid litigation, minimize their risk, and maintain a trouble-free work place. However, when litigation does arise, we have the experience necessary to defend these claims in court or before regulators.

CIVIL LITIGATION

At Ramsden, Marfice, Ealy & De Smet, civil litigation is part of our DNA. All of our attorneys have real-life experience in the courtroom including, collectively, hundreds of trials and thousands of hearings in both state and federal courts. Litigation is rarely the first option, but it is sometimes the only option. Despite the best intentions, efforts, and good faith, legal disputes that need to be resolved through the courts are sometimes unavoidable. When a litigation is necessary, we have the resources and the experience to help.

We work hard to avoid or resolve litigation through structured negotiations or alternative dispute resolutions, such as mediation or arbitration. However, when the dispute cannot be resolved, we have the knowledge and confidence necessary to effectively represent our clients in litigation.

Throughout Idaho and Washington, we have litigated cases in, virtually all of our practice areas, including professional malpractice, personal injury, property damage, real estate, contract law, construction law, condemnation, business disputes, product liability claims, and all manner of insurance defense cases. The civil litigation attorneys at RMED are prepared to protect our clients' interests with skilled advocacy and strong trial skills.

INSURANCE

The attorneys who founded Ramsden, Marfice, Ealy & De Smet, all began their careers in insurance defense practice. While RMED has become much more diverse, it is still the premier insurance law practice in the Inland Northwest Region. We provide comprehensive legal services to insurance carriers and their policy holders in claims evaluation, coverage analysis, declaratory actions, alternate dispute resolution, and of course claims defense. Our attorneys have experience in all types of insurance disputes, including first-party and third-party claims, coverage issues, bad faith, policy stacking, priority of coverage and coverage exclusions.

PROFESSIONAL LIABILITY (E & O) DEFENSE

Our lawyers have extensive background in professional liability defense, representing healthcare professionals, accountants, attorneys, brokers/agents, investment advisors, architects, and engineers.

Our insurance defense attorneys have advocated on behalf a wide variety of healthcare providers (physicians, RNs, LPNs, PAs, PTs, NPs, psychiatrists, psychologists, nurse anesthetists, dentists, aestheticians, chiropractors, etc.) in lawsuits alleging malpractice or professional negligence. We also represent engineers, architects, and building contractors in cases involving alleged design and construction defects, negligence, and statutory violations.

INJURY & PROPERTY DAMAGE CLAIMS

RMED has represented insurers and insureds in all types of claims involving bodily injury, death, dismemberment, property damage, business interruption, premises liability and all types of comprehensive general liability exposures. In addition to litigating third-party claims, our insurance defense lawyers represent insurers in arbitration of uninsured and underinsured motorist (UM and UIM) claims. 

CONSTRUCTION DEFECT CLAIMS

RMED has experience defending claims involving:

Defective structural and architectural design

Defective construction

Roofing defects

Foundation defects

Site drainage problems

We represent insured contractors, engineers, and design professionals. We also represent insurers in evaluating coverage issues related to construction defect claims.

ENVIRONMENTAL CLAIMS

RMED has defended a variety of insured environmental claims involving pollution and contamination of soil and groundwater, underground storage tanks, and toxic buildings. Our insurance defense attorneys also represent contractors and product manufacturers on insured claims involving defects and environmental damage.

SUBROGATION

Subrogation, or loss recovery, is also a part of our insurance law practice. Over the years, we have obtained subrogation recoveries for insurers through litigation, mediation, and negotiated settlements. We also assist insurers in evaluating and preparing for inter-company arbitration of subrogation claims.

REAL ESTATE DEVELOPMENT & LAND USE

Throughout the Inland Northwest, our growing population has been the catalyst of real estate development activity. The influx of people, businesses, technology and commerce to our area means more homes, stores, lodging, warehouses and offices will surely follow.

At Ramsden, Marfice, Ealy & De Smet, we offer a wide range of real estate development legal services. Our attorneys are conversant in land use and real estate investment issues, including the acquisition, planning, and development of residential, commercial, agricultural, and industrial property. Our services include:

Property and land use evaluation

Negotiation with governmental entities regarding annexation, zoning, subdivision, development and land use issues

Representation in and before planning boards and commissions, councils, regulatory agencies, and courts

Assistance with interpreting and applying zoning, codes and related land use laws to our clients’ objectives

Development and infrastructure contract preparation

Negotiation and review

Our attorneys help our clients understand their rights and responsibilities under land use regulations and represent them in real estate projects.

REAL ESTATE LITIGATION

It is often said that the acquisition of real estate is likely to be the single biggest purchase in a person’s lifetime.  When the stakes are that high, there is a constant threat of costly litigation in real estate transactions. At RMED, we work hard to minimize that risk, but if real estate related litigation is unavoidable, you can count on our experienced trial attorneys to represent your interests effectively in court.

We represent property owners as well as a wide variety of real estate professionals, including developers, promoters, brokers, agents, appraisers, and title insurers throughout Idaho and Washington in all manner of law suits and arbitrations. We are dedicated to promoting and protecting our clients' financial interests and to help them control the costs when unanticipated litigation occurs. We strive to recognize, evaluate, and prevent disputes that arise from competing interests in the real estate arena and to guide our clients toward the most economical and least contentious outcome whenever possible.

No matter how your real estate related legal issue arose, you can trust that we have the experience and knowledge to offer the guidance you need. We handle cases involving:

Purchase and Sale Agreements (Enforcement/Damages for breach/Interpretation)

Eminent Domain and Condemnation Defense

Easement, Access and Boundary Line Disputes

Encroachment Cases

Quiet Title Actions

Foreclosure Litigation

Trespass and Property Damage Actions

Partition Actions

Property Manager/Landlord Representation

TRANSACTIONAL REAL ESTATE

We are experienced, competent, and conversant in all areas of transactional real estate from reviewing or drafting a simple Purchase and Sale agreement all the way to structuring complex joint venture for ownership or management of real property. We can assist with title review and title insurance matters; preparation of leases, options, rights of first refusal, conveyancing and financing instruments and all manner of required escrow and disclosure documents to help you. Understand your real estate transaction and get it to closing efficiently.

WILLS, TRUSTS & ESTATE PLANNING

Ramsden, Marfice, Ealy & De Smet provides diverse services in estate planning by preparing wills and trust documents tailored to individual client needs. We represent individuals and families to help them plan for life's contingencies. Wills, powers of attorney, and trust instruments can assist in planning to meet client needs for the handling of their estates. We pride ourselves on providing appropriate, cost conscious estate plans and we never “up sell” unnecessary or overly elaborate estate planning documents when something simple and understandable is all that you require.

Many clients need assistance, not just with safeguarding their assets, but also in making important health-related decisions for the future. Living wills and durable powers of attorney for health care are also important documents to give clients control over decisions that will need to be made in the future.