Practice Areas
Practice Philosophy
Kearney, Drechsler & Awalt, LLC
represents businesses, business leaders and individuals throughout the
Baltimore-Metropolitan Area in a broad spectrum of practice areas.
Our practice ranges from retail to
construction, health care to real estate, commercial lending, estates and
general litigation.
We have guided our
clients through a variety of challenges—business disputes, new business
formation, real estate ventures, advancing or defending lawsuits, construction
disputes, as well as employee problems and significant family events.
At KDA we believe that planning, collaboration and the
application of common sense, along with technical, legal knowledge, yields the
best results for clients. It is better
to prevent a lawsuit than to bring or defend one; it is not enough to win a
case—the money collected must more than justify the financial and emotional
expense of the lawsuit. Contracts must
be succinct, understandable and meet the client’s business goals. Transactions must be completed in a planned
and efficient manner, with the attorney serving as a catalyst, not an
impediment, to the transaction. We want
to help you succeed, using out collaborative, client-centered approach.
Commercial Transactions and Banking
KDA provides comprehensive
services to businesses, entrepreneurs and financial institutions involved in the
purchase and sale of equipment, leasing, commercial loans and business
transactions. We have prepared and
negotiated contracts of sale, distribution agreements finance and loan
documents on behalf of business clients and financial institutions.
We have
represented both buyers and sellers of businesses, in asset sales and corporate
purchases. Our staff has managed every stage of a business purchase, from
conception, negotiation, contract development through due diligence and
closing. We have worked closely with the business brokers selected by our
clients, as well as with the banks and SBA lenders in order to make sure that
the transaction is completed to the client’s satisfaction.
We have worked
with a broad range of lending vehicles, including asset-based loans,
construction loans, mortgage financing, and other secured and unsecured
financing transactions. We provide
advice regarding the initial structure of transactions to specialized issues
relating to collateral protection and perfection, multi-lender participations,
and other complex matters. We also have
experience in handling troubled debt matters, restructuring loans, collections
and foreclosures.
Construction Law
KDA represents some of the
Baltimore-Metropolitan Area’s most prestigious builders and, in that
representation, we have come to understand the needs of clients in the
construction trades.
Our attorneys are
intimately familiar with the requirements of the AIA contracting process,
mechanic’s liens, Miller Act claims, and construction defect litigation.
Our attorneys have also participated in
surety bond litigation and the interpretation and analysis of commercial
general insurance policies as they apply to builders, subcontractors, owners
and architects.
At
KDA, we represent owners, developers, government agencies, school boards,
contractors, design professionals, tradesmen, suppliers and insurers in a wide
variety of commercial and residential construction projects.
Combining years of legal experience with
practical training, as well as employment in the construction industry, we are
uniquely attuned to the needs and goals of our clients and offer insightful
advice and creative solutions to problems arising in the complex construction
environment.
Our proactive approach to
addressing disputes before, during and after the construction phase assists our
clients in their efforts to achieve a successful project.
For more information about our construction law practice, call J. Mitchell Kearney at (410) 821-3779, or e-mail him at jmk@kdattorneys.com.
Health Care
In our health care practice, we
recognize our clients’ most important objective:
Providing quality care for patients and a
quality work environment for the health care professionals’ employees.
On behalf of physicians, nurses, a regional
hospital and specialty practices, we have guided our clients through the state
and federal regulatory landscape that governs medical practice and
collections.
We have provided risk
management consulting, worked with compliance committees and compliance chairs,
and have provided advice to our clients on the application of new legislation
to their practices.
In
addition, we have facilitated the critical relationships that are vital to the
contemporary practice of medicine. We
have structured and negotiated physician employment agreements, practice
management agreements and affiliation agreements between health care
institutions and educational institutions for their collaborative educational
and research projects. We have also guided
our clients through the sensitive relationships between health care providers
and the state and federal government, and between the health care professional
and the legal profession.
For more information about our health care practice, contact Steve Awalt at (410) 821 3778, or sba@kdattorneys.com.
Commercial and Residential Real Estate Services
Buying, selling or leasing a
business location or personal residence is one of the most important
transactions a business or individual may face.
Typically, a real estate purchase or lease represents a substantial
investment of client money and the acceptance of certain risks inherent in any
transaction. At KDA, we understand both
the personal and business component of these transactions, and have decades of
experience in preparing the documents and clients for all of the risks and
contingencies that come with the real estate transaction.
Aside
from negotiating the deal, we are prepared to review or draft leases for our
clients, work with clients in obtaining financing for projects, assisting
clients with all of the due diligence components of a bank or federally
financed transaction, and anticipating and managing problems that will arise in
any transaction. KDA maintains an affiliation with a title company, so that all of your real estate purchase and sale needs can be managed at one location.
Insurance and Insurance Coverage
At KDA, our attorneys have substantial
experience with contemporary insurance practice. Our attorneys have been called upon to review
and analyze insurance policies on behalf of national insurance carriers, as
well as local business and individual clients.
We have engaged in policy, declaratory judgment actions throughout the
State of
on behalf of both insurance carriers and insureds, and have advised commercial
clients regarding their risk, insurance requirements and uninsured exposures. We have represented national insurance
carriers as well as business, construction, health care individual and retail
clients on insurance matters.
Civil Litigation
Our attorneys have litigation
experience in federal, state and district courts, jury and non-jury, in a broad
array of business and personal matters.
We have collected millions of dollars in unpaid debts on behalf of our
clients, have defended them in contract, negligence, employment and other
matters.
While careful planning and
collaboration often act to insulate the client from litigation, there are times
when filing suit and skillful advocacy on behalf of the client is required.
A list of each attorney’s reported cases can
be found with their biographies.
On
behalf of businesses, we are often called upon to litigate matters arising from
breach of contract, collection of unpaid account, and enforcement of employment
agreements on behalf of businesses, executives and physicians. For individuals, we have been called upon to
represent them in matters involving their estates, their employment
arrangements, and with regard to personal injury. As a small practice, we cannot undertake
every matter that comes to us; however, we have collaborative arrangements with
other lawyers and firms in many other areas of practice which allow us to work
with skilled trial practitioners in areas where it is in the client’s best
interest to work with and through a collaborative practitioner.
Labor and Employment
One of the most frequent problems
encountered by businesses and professionals is the difficulty managing
employment matters and the broad range of laws that affect the employment
environment. Our attorneys have assisted
clients in the development and management of employee policy, the authoring of
employee handbooks, and litigation before the EEOC and Maryland Commission on
Human Relations, as well as local civil rights enforcement bodies. We have also worked very closely with both
management and senior employees to develop employment agreements that solidify
the relationship between business, medical professionals, senior leadership and
sales representatives.
Please call Steve Awalt to arrange for a consultation on employment matters at (410) 821-3778, or e-mail him at sba@kdattorneys.com
Estates, Trusts and Probate
At KDA, we provide our individual
clients the same care, planning and technical expertise that we give to our
business clients. We have found that
assisting our clients in planning for the guardianship of their children,
college education and distribution of assets in the event of death is
ultimately a satisfying experience for both attorney and client. We have assisted our clients in developing
Advance Directives and Powers of Attorney to assist them with their medical
treatment and business needs in the event that they become ill, disabled or
unable to mange their own affairs.
Many
of our clients are called upon to assist with the probate of a relative’s or
friend’s Will. We provide complete
probate services, including location of the Will or Trust document, opening the
estate, protecting estate assets, providing the appropriate accounting for the
courts, and assistance with distribution of the assets.
Mediation Services
J. Mitchell Kearny is a certified mediator with experience in resolving tort, contract, and Workers' compensation disputes. His extensive experience as a trial lawyer, construction industry expert, and mediator enables him to quickly assess a case and establish a forum encouraging timely and efficient resolution of litigation. Mr. kearney has served for over two years as a court-appointed mediator for the Circuit Courts for Baltimore City and Baltimore County, Maryland.
To find out more about mediation services, contact Mr. Kearney directly at (410) 821-3779, or e mail him at jmk@kdattorneys.com.