Mäkelä & Penttilä Law FIrm

Criminal law

The lawyers of the Mäkelä & Penttilä law firm have a total of tens of years of experience handling various criminal trials. When we receive an assignment, we always find out whether our principal is entitled to legal aid from state funds or whether the principal's legal security insurance covers the costs of using an assistant. In most cases, the principal's expenses will be reimbursed either from insurance or state legal aid.

We serve our principals in various stages of the criminal process, from assisting in the preliminary investigation to the final decision of the court. We assist in criminal matters and victims of crime, i.e. interested parties, and defendants, i.e. defendants.

It is in the interest of the suspect of a crime to turn to an assistant as early as possible during the preliminary investigation. The suspect always has the right to have his own assistant during the preliminary investigation. A lawyer who knows the stages of the criminal process knows how to highlight facts supporting the defendant's innocence both during the preliminary investigation and the trial. In practice, this can mean, for example, giving a final statement to the police about the sufficiency of the preliminary investigation material and evaluating the evidence before the preliminary investigation ends, or naming additional evidence for the trial.

The interested party needs an assistant in a criminal case, especially when presenting a claim for damages. A crime can cause many kinds of damage. The nature of the damage can be direct financial damage or, for example, temporary inconvenience caused by pain and discomfort. The interested party is also entitled to compensation for suffering caused by the crime if certain conditions are met.

Housing and construction

The lawyers of the law firm Mäkelä & Penttilä serve their clients in all questions related to living and the life cycle of real estate, such as legal matters related to tenancies, land use, zoning, construction and housing sales. The lawyers of our office have extensive experience in real estate and construction law. Our office cooperates with the best experts in the construction industry, whose know-how we use for the benefit of our principals.

One of our office's focus areas is housing and real estate transaction disputes. One of the most common disputes between the buyer and seller of a property or apartment is caused by indoor air problems, which are often caused by moisture and mold damage in the house's structures. The liability of the seller for a mistake in a real estate transaction is regulated in the Land Code, and for a mistake in a housing transaction, the Housing Transactions Act provides the same. The law provides for the penalties for mistakes, such as the cancellation of the sale, price reduction and compensation for damages. The penalties for a mistake are affected by, among other things, the buyer's familiarization with the object of the sale before the sale, as well as the significance of the mistake. There are also regulations in the law regarding, for example, the content and deadlines of complaints, and neglecting these obligations may result in loss of rights for the apartment buyer. In order to protect the rights of the parties to the dispute, it is advisable to consult a legal expert as early as possible.

We also assist housing associations and shareholders in matters related to the maintenance responsibility of housing associations . A disagreement may arise between the housing association and the partner regarding the content and limits of the maintenance responsibility, i.e. whether the housing association or the partner should be responsible for the maintenance, care, repair, basic improvement or renovation of a part of the apartment or equipment. Our lawyer Jaakko Mäkelä has published articles on housing company law.

In construction contracts , it is essential to agree precisely on the obligations of the parties. Sometimes, even a well-drafted contract does not avoid disputes between the parties, which can arise from, for example, delays, price, quality of work, warranty issues, and additional and modification work. We assist both builders and contractors in matters related to construction contracts.

The rights and obligations of the parties to the tenancy of a residential apartment are stipulated in the law on renting a residential apartment. Although freedom of contract is the main rule in rental agreements, part of the rental legislation is a so-called mandatory right, which cannot be deviated from by agreement to the detriment of the tenant. The law requires compliance with certain regulations, e.g. when terminating or canceling a lease, giving a warning, and providing a rental deposit. In matters related to rental matters, we advise both landlords and tenants.

Company and contract law

The law firm Mäkelä & Penttilä serves companies in their various stages, from the establishment of the company to the dissolution of the company. Our corporate law services include, for example, the preparation of commercial agreements for companies, changes in company forms, and jurisprudence related to changes in company ownership and taxation. The Companies Act provides, among other things, for the management, decision-making and distribution of assets of limited companies. Although the basic rules of the game for a limited liability company can be found in the Limited Liability Companies Act, it is often appropriate to agree otherwise. The instruments that can be used for this are the articles of association and the shareholders' agreement .

The cornerstone of a functioning business is the right corporate form and structure, as well as well-drafted contracts. In commercial contracts, it is essential to agree, for example, on the responsibilities and obligations of the contracting parties, the content of the service, the compensation of indirect damages, the determination of prices and the resolution of disagreements. We comment on contracts and, if necessary, prepare them from start to finish according to the customer's needs.

Our corporate legal services also include assisting debtor companies in insolvency situations and assisting creditors in debt collection . We also act as bankruptcy trustees in bankruptcies .

Family and legacy law

One of the cornerstones of the Mäkelä & Penttilä law firm's services is family and inheritance law services. Our lawyers have experience in settling and dividing numerous disputed estates, partitions and custody disputes.

It is not always possible to divide the assets of the estate amicably among the partners of the estate, or it is unclear which assets or liabilities belong to the estate. In this case, the district court can, on application, appoint an estate liquidator and a distributor , whose task is to bring the estate to a state where the distribution of the inheritance can be delivered.

In principle, marriage has little effect on the legal status of the spouses during the marriage. When a marriage ends with a spouse's death or divorce, surprising situations can arise. It is possible to prepare for these with the help of a marriage contract or a will . In the event of a divorce , where the right to marry is not excluded, the matrimonial property relationship is dissolved in the division, where all the assets of the spouses are divided equally according to the main rule. It is always justified to draw up a written agreement on the division , even if there is consensus on the division of the property. If a dispute arises over the division of property, the division can be delivered by the estate distributor appointed by the court for this task.

We provide our principals with answers to family law questions regarding marriage, registered partnership, cohabitation and unregistered same-sex partnership, and we draw up the necessary contracts. Our services also include tax planning for families and individuals . 

Our attorneys also have solid experience in acting as attorneys in matters concerning child support, housing, visitation rights and custody . The most important thing in child matters is to reach a reasonable settlement between the parents that is in the best interest of the child. However, it is not always possible to reach a satisfactory settlement, and the matter concerning the child has to be brought to the court for decision at the court's oral hearing. In disputes involving children, expert-assisted court mediation (so-called Follo mediation) is also a viable alternative to a long and burdensome trial.

Right to work

The law firm Mäkelä & Penttilä advises its clients on all questions related to various aspects of labor law . The rights and obligations of the employee and the employer are regulated in detail in the Employment Contracts Act. In addition, the position of the employee and the employer is regulated in more detail in numerous collective agreements in various fields and in the Annual Leave and Working Time Act.

We help both employers and employees in employment matters. Often, questions related to the employment relationship concern the conclusion of employment contracts and management contracts , termination of the employment relationship, working hours and annual holidays, cooperation negotiations and, for example, occupational safety matters . A dispute may arise between the parties to the employment relationship regarding the termination of the employment relationship. In the event of an employment dispute, we always find out if there are conditions for a settlement. If a solution in the interest of our principal cannot be reached amicably, we will handle the dispute related to labor law in court, if necessary.