Legal Services

At Waugh Law & Mediation, our legal services are thoughtfully tailored to bridge our deep experience in practicing law with our comprehensive background in conflict resolution, all with the primary aim of serving our clients' unique needs. This harmonious fusion of expertise is most commonly applied to areas such as collaborative practice, wills, estate planning, and unbundled legal services encompassing mediation, negotiation, and early dispute resolution. While our team boasts extensive experience in litigation, we have deliberately chosen to focus our representation efforts in these specified areas, ensuring that our clients receive specialized and attentive assistance.

About Collaborative Practices

At our office, we accept cases where parties are committed to employing collaborative law as their preferred method for resolving legal disputes. Collaborative law offers a unique approach, allowing us to assemble a dedicated team to address legal issues effectively. Typically, this team includes the parties involved and their legal representatives, with the potential addition of other specialized professionals, such as financial neutrals or conflict coaches, particularly in collaborative divorce cases.

Brenda, a member of the International Academy of Collaborative Professionals, possesses the essential training to apply collaborative law principles to legal challenges. It's important to note that not all attorneys are equipped with the specific training and credentials required for membership in this esteemed academy. Without extensive training, legal practitioners often rely on traditional adversarial methods learned in law school. In a collaborative case, the team commits to crafting the best possible solution for the conflict. This approach harnesses the skills and techniques honed through collaborative training sessions, emphasizing open communication, cooperation, and creativity to reach resolutions that prioritize the interests of all parties involved.

Collaborative law has been effective in resolving legal disputes involving:

  • Divorce and Custody

  • Small Business, Dissolution of Business

  • Medical negligence or malpractice

  • Construction and Contractor Disputes

  • Workplace Disputes

  • Estate Planning

  • Will Contests

Do you have questions about our legal services?

Contact our office today and schedule a free consultation.

Wills and Estate Planning

Wills and Estate Planning

At Waugh Law & Mediation, we understand that estate planning is more than just paperwork; it's about peace of mind and preserving the bonds among your loved ones for generations to come. Many of our clients experience a profound sense of relief when they complete their estate plans, knowing they've taken proactive steps to protect their family dynamics, assets, and the future harmony of those they care about most.

Our Estate Planning Process: Bringing Clarity to Your Future and Harmony to Your Family

Our comprehensive approach to estate planning encompasses a series of strategic steps designed to simplify complex matters, minimize the stress associated with probate proceedings, and foster strong family relationships:

  • Identifying Beneficiaries: We help you identify beneficiaries for your assets and ensure that your wishes are documented, reducing the potential for misunderstandings and disputes among loved ones.

  • Managing Bank Accounts: We evaluate your bank accounts and explore options like transfer-on-death provisions to streamline the transfer of assets to your heirs, promoting transparency and cooperation among family members.

  • Empowering Decision-Making: We assist in preparing crucial legal documents, such as durable power of attorney and medical power of attorney, as well as living wills and advanced directives, to ensure your healthcare and financial decisions are in capable hands, thereby alleviating family tensions during times of uncertainty.

  • Crafting Your Will: We work with you to create a simple yet comprehensive will that reflects your wishes, addresses guardianship concerns, and safeguards your assets, minimizing the potential for inheritance-related conflicts.

  • Property Planning: We discuss the benefits of transfer-on-death deeds for your real estate holdings, ensuring a smooth property transition to your chosen beneficiaries and maintaining family harmony by clearly defining property distribution.

  • Business and Asset Management: We assess any business interests and devise strategies for their seamless transfer in the event of your disability or passing, preserving both your assets and your family's relationships.

  • Living Trusts: We explore the suitability of living trusts as an additional tool for protecting your assets and facilitating their distribution, all while promoting family unity.

Family Involvement: At Waugh Law & Mediation, we believe in the power of collaboration. We encourage our clients to involve their families and beneficiaries in planning to ensure everyone is informed and enjoys a shared responsibility for the future. Proper estate planning secures assets and nurtures the bonds that matter most.

Secure Your Legacy Today: Your Trusted Estate Planning Partner

Estate planning isn't just about preparing for the inevitable; it's about ensuring that your loved ones are provided for, your assets are safeguarded, and your relationships are preserved. At Waugh Law & Mediation, we take pride in helping our clients navigate this journey with confidence, peace of mind, and a focus on nurturing the relationships that matter most. Let us be your dedicated partner in securing the legacy you've worked hard to build.

Frequently Asked Questions about Wills and Estate Planning

  • A power of attorney is a document where one person gives another person the authority to sign off or authorize legal decisions on their behalf.

    • A special power of attorney allows your agent to take a specific action if you cannot. These apply in situations such as property transfer or a vehicle title.

    • A legal power of attorney allows your agent to make any legal decisions you specify in the document. It is called durable because it will survive your incapacity, which means that if you are ill and unable to act, this document allows your agent to make legal decisions and transactions on your behalf. The durable legal power of attorney takes effect when signed and should only be given to people if you have total confidence in their ability to make decisions. A springing power of attorney only comes into effect when a person is certified as unable to act on their own behalf.

    • A healthcare power of attorney appoints a person to make medical decisions on your behalf. This document is often executed at the same time as a medical directive or living will, two documents that may guide how decisions may be made regarding the types of medical care you want to be provided when you cannot communicate your wishes.

    • When a special power of attorney is required, most people have those prepared by the lawyers working on that transaction, such as selling property.

    Every adult should have both a legal power of attorney and medical power of attorney. If they become injured or incapacitated, those documents will create a means for someone to transact business on your behalf so that bills are paid, licenses are renewed, or other legal necessities are attended to. Without a medical power of attorney, no one has the legal authority to make decisions for you about medical care. This becomes complicated, particularly if family members disagree about decisions.

    Our office prepares these documents as part of the estate planning process.

  • Conflict often arises after the death of a loved one due to a lack of planning and providing direction for the surviving loved ones. Planning may involve the development of a will, but it also includes exploring transfer on death documents, designating beneficiaries of accounts, establishing joint ownership, and gifting personal property. The lack of a comprehensive plan leaves family members developing their own agendas, resulting in conflict.

    Creating a plan but failing to communicate the plan to all of your loved ones is equally problematic. Surprises and disappointment cause relationships to become frayed and sometimes terminated.

    Finally, creating plans that are challenging to implement creates conflict. For example, leaving a large piece of real property to two or more people with undivided interests often places them in a conflict when they have diverging interests about what should happen with the property. If none of the beneficiaries can afford to buy the others out, it creates more significant conflict.

    Working with a lawyer and perhaps also a mediator to create a comprehensive plan acceptable to the beneficiaries is the only way to prevent this conflict.

Legal Representation in Mediation and Negotiation

Client-Centered Legal Representation: Your Partner in Resolving Matters Without Litigation

At Waugh Law & Mediation, we're committed to providing tailored legal representation that aligns with your unique needs. Our services are ideal for clients seeking skilled legal guidance in situations that typically don't involve lengthy litigation battles. We assist clients in various capacities, helping them navigate negotiations, contracts, and disputes and even facilitating restorative justice dialogue with efficiency and precision.

Here's How We Can Assist You:

  • Contract Negotiations: Whether you need assistance drafting, reviewing, or negotiating contracts, we have the expertise to ensure your interests are protected and your agreements are sound.

  • Mediation and Conflict Resolution: Our team is well-versed in mediation, early neutral case evaluation, and restorative justice facilitation. We excel in facilitating constructive discussions and resolutions.

  • Insurance Settlements: If you're dealing with an insurance settlement, we're here to guide you through the negotiation process to achieve a fair outcome.

Our Commitment to You: No Litigation

It's important to note that our representation in these areas is rooted in avoiding litigation whenever possible. We work diligently to resolve issues before they escalate to the courtroom, saving you time, money, and unnecessary stress.

Areas of Legal Assistance:

Our practice covers a broad spectrum of legal matters, including but not limited to:

  • Contract Negotiation: Crafting solid agreements tailored to your needs.

  • Pre-Nuptial Agreements: Protecting your assets and interests as you enter into marriage.

  • Pre-Suit Mediation: Resolving personal injury or negligence matters efficiently and fairly.

  • Real Estate Transactions: Navigating the complexities of buying or selling property.

  • Construction Errors or Contractor Disputes: Addressing issues promptly to keep your projects on track.

  • Neighborhood Conflicts: Finding amicable solutions to preserve your community's harmony.

  • Homeowner Association Disputes: Resolve disputes within your association with professionalism and care.

Restorative Justice Facilitation: Rebuilding Connections

We also offer restorative justice facilitation services, a transformative approach focusing on healing and rebuilding connections in the aftermath of conflicts. Our skilled facilitators create safe spaces for open dialogue, allowing all parties to share their perspectives and work together toward meaningful resolutions, promoting understanding and harmony.

Your Peaceful Resolution Partner: Waugh Law & Mediation

At Waugh Law & Mediation, we understand that legal matters can be stressful. That's why we're dedicated to guiding you toward peaceful resolutions that protect your interests and relationships and promote a sense of closure and healing. When you choose us as your legal partner, you choose a client-centered approach that puts your needs and goals first.

Personal Injury and Civil Rights Litigation

Personal Injury and Civil Rights Litigation

Experience That Spans Two Decades: Personal Injury and Civil Rights Representation

At Waugh Law & Mediation, we boast a rich history of representing clients in personal injury and civil rights matters, dating back to 2000. Over the years, our practice has evolved, and since 2020, we've primarily concentrated on mediation, restorative justice, and alternative dispute resolution. Nevertheless, we remain committed to leveraging our extensive litigation and negotiation expertise to address select cases on a limited basis.

We Accept Cases on This Limited Basis for Matters Involving:

  • Car Accidents: Our seasoned team is prepared to handle car accident cases with precision and dedication.

  • Personal Injuries: We provide comprehensive legal support to individuals dealing with personal injury claims.

  • Negligence: When negligence is at the core of a legal matter, we apply our expertise to help clients seek justice.

  • Crime Victims: We work with victims, ensuring they receive the support and advocacy they deserve.

  • Civil Rights Violations: Our commitment to justice extends to civil rights violations.

Frequently Asked Questions about Personal Injury and Civil Rights Litigation

  • Most people injured by the negligence of another person can recover for costs for their medical treatment, physical therapy, lost wages, and any permanent disability or impairment.

    Often, losses for pain and suffering are calculated using a multiplier of 1-1.5 for moderate injuries and 3-5 times for more severe and permanent injuries.

    In some cases, the defendant's resources may matter. Additionally, the recovery is sometimes limited by the amount of insurance available to pay damages.

    In mediation of a personal injury matter, we usually review the current and future medical expenses, lost wages, the subjective experience of pain and suffering, and the available insurance coverage to help determine the best amount for the resolution.

  • Anyone can represent themselves in any legal proceeding. However, suppose you have been injured and have medical bills, continuing treatment, a permanent injury, or lost wages. In that case, you should consult an attorney before deciding whether to represent yourself.

    Before you settle, you should be sure you understand concepts such as subrogation, underinsured stacking of coverage, and bad faith. A lawyer can explain these terms and the settlement process, how damages are calculated, and give you other information that may help you decide if you need a lawyer to resolve your case.