Areas of Practice

Litigation

Although we do everything in our power to negotiate a fair and equitable settlement between all parties, there are times when circumstances call for judgment in a court of law. When your case goes to trial, you need a confident, experienced attorney with extensive experience appearing in front of State and Federal courts.

At Hope, Trice, O'Dwyer & Wilson, P.A., our seasoned lawyers are fully prepared to publicly represent your case. We’re supported by a team of legal professionals with top-notch research skills, giving us the resources we need to most effectively present your case.

Going to court can be a scary and overwhelming prospect. We’re here to guide you through the entire process, giving you the peace of mind you need to fearlessly pursue your best interests.

As a full-service corporate and family law firm, we litigate cases in virtually every area of the law, including:

  • General
  • Commercial
  • Construction
  • Product liability
  • Toxic torts
  • Governmental liability
  • Fair labor standards
  • Labor and employment
  • Real estate
  • Insurance defense
  • Insurance coverage litigation
  • Administrative
  • Family law
  • Environmental
  • Nursing home defense

Family Law

Whatever the specifics, conflict within a family is one of the biggest sources of mental, physical, and emotional distress. At Hope, Trice, O'Dwyer & Wilson, P.A., we understand the stress and uncertainty you’re facing, and we’re committed to helping you find your fresh start as quickly and opportunely as possible.

Whether you’re facing the dissolution of a marriage, negligence of support payments, or denied visitation, you need a qualified, assertive attorney in your corner. After meeting with you to discuss the details of your situation, we’ll provide our expert recommendations for the best way to protect your rights. We also offer guidance for adoptions, guardianship, and pre-marital agreements.

While this may be a challenging time, the right representation can turn a painful end into an exciting new beginning. Above all, we work to promote strong, unified families that are committed to the safety and happiness of each member. Our attorneys have extensive experience in all areas of family law, including:

  • Pre-marital agreements
  • Divorce
  • Child custody
  • Child visitation
  • Spousal support
  • Child support
  • Guardianship
  • Adoption
  • Grandparents' rights

Probate Administration, Litigation & Estate Planning

Regardless of your age, assets, or living situation, a solid estate plan is essential to safeguarding your family’s best interests. At Hope, Trice, O'Dwyer & Wilson, P.A., we offer comprehensive probate administration and estate planning services. Our experienced probate attorneys will help you determine your net worth, identify your long-term financial goals, and develop an asset distribution plan that meets your needs. In addition to protecting your property and liquid wealth, our estate planning services help to minimize taxes, increasing the lifetime value of your assets.

No-one wants to think about their own death or the passing of a loved one, but prudent planning is the only way to ensure your family’s long-term security and vitality. We also understand that an estate plan is an evolving entity—as your life situation changes, we’ll work with you to adjust your wills, trusts, and other probate documents.

If you suspect that a will or its execution does not reflect the wishes of the Decedent, you have a right to challenge the proceedings in probate court. Our firm represents individuals in probate litigation cases concerning controversies arising from a testator’s lack of capacity when executing the will, undue influence over the testator, breach of fiduciary duty, and manipulation of the elderly. From our experience, we have discovered that many probate disputes are the result of a particular individual taking advantage of the Decedent, while the Decedent was in declining health or suffering from memory loss, and that individual included himself or herself into the Decedent’s will to the detriment of the rightful heirs. Our firm is experienced with these cases, and we know how to investigate such matters in order to determine the actual intent of the Decedent. The Personal Representatives have a fiduciary duty to act in accord with the desires of the Testator. Our firm is competent in investigating and challenging any fraud or negligence by the Personal Representative, and we will ensure that he or she does not breach their fiduciary duty to the Estate.

Our attorneys have well-rounded expertise in all areas of probate administration and estate planning, including:

  • Preparation of wills and trusts
  • Representation of heirs, beneficiaries, and fiduciaries
  • Probate litigation involving will contests, administration of trusts, and estate claims

Business & Commercial Law

Whether you’re a sole proprietor, a small business owner, or you run a large corporation, it’s essential that you understand the laws and rights impacting you and your company. To help you navigate this complex area, you need an attorney with an intimate knowledge of business and commercial law.

At Hope, Trice, O'Dwyer & Wilson, P.A., we have extensive experience in all aspects of commerce, including business formation, intellectual property protection, contract law, and more. After meeting with you to get an in-depth knowledge of your current business structure and long-term goals, we’ll evaluate what you’re doing right and what you need to change to minimize your level of risk.

As a business owner, protecting your brand, assets, and products is critical to ensuring sustained success. We’re well-versed in all aspects of business and commercial law, including:

  • Contracts and commercial transactions
  • Contract disputes
  • Professional liability
  • Forming corporations
    and Limited Liability Companies
  • Corporation dissolution
  • Non-compete covenants
  • Fraud and self dealing
  • UCC claims
  • Business torts

Creditor Rights & Foreclosures

In today’s tumultuous economy, an unprecedented number of banks are being forced to foreclose on properties and ramp up their debt collection efforts. The media devotes a great deal of attention to what consumers can do to improve their credit, but little attention is given to the financial hardships experienced by financial institutions when consumers default on loans or fail to make their contractual payments.

At Hope, Trice, O'Dwyer & Wilson, P.A., we offer skilled counsel to help you handle bankruptcy claims, civil litigation, and asset recovery. We represent a wide range of creditors, including lending institutions, commercial creditors, and insurance companies. We’ll work to ensure that your debt collection efforts are as successful and cost-effective as possible, helping you leverage current creditors’ rights to regain your assets.

We have experience in all aspects of creditor law, including:

  • Securing liens
  • Debt collections
  • Foreclosures of mortgages
    and other real estate liens
  • Foreclosures of security
    interests in collateral
  • Replevin of collateral
  • Garnishment
  • Landlord-tenant law

Nursing Home Litigation Defense

As the owner or administrator of a nursing home or assisted living facility, the health and safety of your residents is your primary focus. But even after hiring a skilled staff, investing in an equipped and comfortable facility, and making sure you’re in compliance with all industry regulations, a single allegation of abuse or neglect can cause devastating damage to your business’ reputation and revenue.

Avoid the potentially disastrous impact of a lawsuit or false allegation by retaining the services of a qualified nursing home litigation attorney. At Hope, Trice, O'Dwyer & Wilson, P.A., we’ll help you navigate the complexities of the law to determine the best option for your situation, whether it means negotiating a settlement or taking your case to court. We have experience with risk management and litigation defense in a variety of areas, including residents’ rights violations, wrongful death, and nursing home negligence and malpractice.

Administrative Law

Administrative law dictates the rights and regulations of governmental agencies, comprising a complex legal arena that demands highly specialized counsel. At Hope, Trice, O'Dwyer & Wilson, P.A., we have an in-depth knowledge of the laws surrounding the creation, operation, and powers of these agencies on both a state and Federal level. Specifically, we work to ensure that they function in such a way that best meets the best interests of the public, in accordance with the Federal Administrative Procedure Act (FAPA) and other legislation.

In addition to representing private parties in administrative proceedings before governmental agencies, we also handle judicial appeals from administrative decisions and take action against governmental agencies for injunctions or declaratory judgments.

One of the partners of our firm, William Trice, gained an extensive understanding of the administrative law process through his long-time service as counsel for the Arkansas State Medical Board, Arkansas State Board of Dental Examiners, and Arkansas State Board of Optometry.

Real Estate & Land Use

Whether you’re buying, selling, developing, or refinancing a property, it’s important to understand the laws that govern your use of the building or land. At Hope, Trice, O'Dwyer & Wilson, P.A., we have an in-depth knowledge of real estate and land use laws, and are equipped to offer the guidance you need to make informed decisions.

For residential land and properties, we can assist with drafting or reviewing purchase agreements, securing mortgages, mediating during the construction process, presiding over closings, and verifying titles.

For commercial real estate and land use, we provide guidance in the purchase and zoning of land, subdivision development, and other variances, helping developers and property owners overcome the obstacles to project success.

We represent developers and owners in various types of real estate transactions, including:

  • Acquisition
  • Disposition
  • Development
  • Title and property disputes
  • Financing and leasing of residential
    and commercial real estate
  • Property management
  • Ownership
  • Foreclosures
  • Landlord/tenant litigation

Eminent Domain

Eminent domain is when the government attempts to seize a privately owned home, building, business, or land to use it for a public purpose. If you feel that your basic right to own private property is being infringed upon, you need a specialized attorney with experience in this complex legal area.

At Hope, Trice, O'Dwyer & Wilson, P.A., we have the legal knowledge, initiative, and credibility to act as your advocate when the government lays claim to your property. We’ll do everything in our power to obtain maximum compensation for what’s rightfully yours, even if it means taking your case to court. And because the law requires the government to pay your legal fees in addition to compensation for your property, you’ve got nothing to lose by enlisting our services.

William Trice, a partner at our firm, gained a high expertise in eminent domain law while serving as staff attorney for the Arkansas State Highway Commission. We’re demonstrated success in all aspects of eminent domain litigation, including claims related to condemning property, inverse condemnation, and contesting the condemning authority’s valuation of property. In addition to private homeowners, we also represent governmental units and public utilities.

Personal Injury & Property Damage

If you or someone you love has been involved in an accident that resulted in a physical injury, fatality, or damage to property, the law is on your side.

The impacts of a serious accident can be disastrous, severely limiting the victim’s capacity to work and enjoy life. Regardless of the cause of bodily injury—car accident, defective product, workplace hazard, or exposure to dangerous chemicals, just to name a few—you’re entitled to collect compensation for the ensuing pain, suffering, mental anguish, and financial losses.

At Hope, Trice, O'Dwyer & Wilson, P.A., we have the experience and initiative to represent your best interests in a court of law, procuring maximum monetary reparations for medical bills, lost wages, and psychological therapy.

In cases of property damage, we’ll work to ensure that you receive maximum payout from any applicable insurance claims. If the insurance coverage isn’t enough to meet the damages incurred, or if the liable party does not have insurance, we’ll take legal action against the person or company that caused the damage. When necessary, we’ll bring in credible expert witnesses to testify on your behalf.

Our firm has successfully represented plaintiffs, defendants, and insurers in a variety of tort cases, including the negotiation of complex structured settlements.

Product Liability, Environmental & Toxic Tort Litigation

If you or a loved one has sustained an injury, illness, or even death caused by a defective product, you could be entitled to monetary rewards. In addition to manufacturing defects and faulty design, the law also protects consumers who did not receive fair warning about the potential dangers of a product. A qualified product liability attorney can provide you with the legal guidance you need to achieve the best possible outcome.

If you have sustained a product-related injury, time is of the essence. The quicker you retain counsel and file your legal claim, the greater the chances that you’ll be fully compensated for all medical bills, lost wages, and mental anguish. An attorney will also help minimize the hassle of dealing with insurance companies that resist paying your claim.

At Hope, Trice, O'Dwyer & Wilson, P.A., our product liability experience includes manufacturers of aircraft, tractors, halogen lamps, lift trucks, and forklifts. We have also successfully defended large companies in asbestos litigation.

Our attorneys are also well-seasoned in environmental and toxic tort litigation. We’ve defended a wide range of clients in lawsuits involving chemical exposure, environmental damage, and land contamination. When necessary, we’ll consult with experts and solicit their testimonies to strengthen your defense.

Insurance Law

As modern businesses face increased risks of liability, a single lawsuit can have a disastrous impact on revenue and credibility. As a result, insurance issues have become more prominent and complex. A qualified insurance law attorney can help you choose the most practical policy structure, resolve coverage disputes, and effectively defend insurance claims.

The attorneys at Hope, Trice, O'Dwyer & Wilson, P.A., have extensive experience helping businesses resolve issues involving risk management, coverage litigation, and self-insurance. We help small businesses and professionals achieve maximum protection of their assets and reputations through sound insurance solutions.

Construction Law

Whether you’re a homeowner, builder, subcontractor, or designer, entering into a major construction project always carries some level of risk. With so many variables and opportunities for error in this very specialized field, you need a qualified construction attorney in your corner to prevent unexpected delays, damages, and miscommunications. To ensure the swiftest progress of your case, it’s best to retain counsel with an intimate knowledge of the construction industry.

At Hope, Trice, O'Dwyer & Wilson, P.A., we have extensive experience in both residential and commercial design and construction, making us uniquely qualified to protect the investments and reputations of all parties involved in the process.

Our attorneys have handled all aspects of construction law, including:

  • Negotiating, drafting, and interpreting contracts
  • Addressing and litigation completion and performance issues
  • Attending to claims for damages from change orders, delays, disruptions, accelerations, breaches of warranty, and negligence
  • Obtaining and litigating performance bonds
  • Resolving construction insurance coverage issues

Appeals

Appeals comprise a fundamental component of the legal arena. At Hope, Trice, O'Dwyer & Wilson, P.A., we welcome the opportunity to handle appeals in both state and federal courts. Our attorneys have extensive experience preparing motions, appellate briefs, and other requests for relief, in addition to presenting cases verbally before a judge.

With our well-rounded skill set, we’re equipped to defend and prosecute appeals in a wide range of practice areas, including:

  • Litigation
  • Eminent Domain
  • Family Law
  • Personal Injury & Property Damage
  • Probate Administration &
    Estate Planning
  • Product Liability, Environmental &
    Toxic Tort Litigation
  • Business & Commercial Law
  • Creditor Rights & Foreclosures
  • Insurance Law
  • Nursing Home Litigation Defense
  • Construction Law
  • Administrative Law
  • Appeals
  • Real Estate & Land Use

Clemency

When a person has a criminal offense they would like off their record or is incarcerated and would like to have that sentence commuted, a clemency application may be needed. The firm works closely with an individual in preparing an application for a pardon or commutation. While executive clemency is not often granted and not a matter of right, it may be the only avenue an individual has to having a criminal offense pardoned or their sentence commuted.

The process beings with an application that is provided to Institutional Release Services and is submitted to the Arkansas Parole Board. The board has the opportunity to review the application and make a recommendation. In certain instances, the board may afford the applicant a hearing. The parole board makes a “with merit” or “without merit” recommendation to the Governor. After at least a thirty (30) day comment period after the parole board recommendation the application is submitted to the Governor’s office.

The Governor then has approximately eight (8) months to make a determination on the application in which he can grant the pardon or commutation, make any alteration appropriate, take no action, or deny the application and state a time frame limiting when another application can be submitted. If the Governor takes no action, a subsequent application can be submitted immediately to Institutional Release Services to start the process over.

The firm works closely with you and guides you along the way in helping prepare an application in the most favorable light to the parole board and Governor, including helping to obtain favorable letters or recommendations and all required documentation required. The firm represents an individual from preparing the application to be submitted to a decision by the Governor, including meeting with the parole board if afforded a hearing and meeting with the Governor’s staff to help support your application. The firm is well seasoned and has been successful in this process making the firm a valuable option for clemency applications.