Family Law

• Guardianship
  This area encompasses powers of attorney, health care proxies, and if necessary, guardianship proceedings. These tools are vital if a client is incapacitated and cannot make financial or health care decisions for themselves. Our team will provide guidance to you and your family with the hope of avoiding a public, expensive, and often divisive guardianship process.Â

Criminal Law

• Traffic Violations
  In the U.S., motor vehicle accidents involving personal injury occur approximately every 14 seconds, and accidents involving death occur every 12 minutes. Most of these car, truck or motorcycle accidents are the result of one driver’s negligent, careless or reckless driving. If you are injured as a result of another driver’s failure in a truck, car or motorcycle accident, you may have a legal claim.  It is imperative that you speak to a personal injury attorney  as soon as possible to ensure that evidence that may be useful to your claim is preserved, certain time limitations are met, and all insurance paperwork is properly prepared and submitted.
• Fraud
• Theft

Business and Corporate Law

• Corporate Law
  Our attorneys regularly draft, review and negotiate agreements on behalf of our clients, including limited liability company operating agreements, shareholder agreements, sales agreements, distributor agreements, confidentiality agreements, non-compete agreements, licensing agreements and vendor agreements. Our attorneys also counsel clients with regard to compliance with state and federal employment laws and health care laws.Â
• Mergers and Acquisitions
• Business Formation
  Our Business group attorneys and paralegals form business entities as a matter of everyday practice. We serve clients of all sizes, from a wide range of industries. We advise on the most favorable choice of entity considering clients’ varying business goals, and we lead clients through all stages of formation and the drafting and negotiation of governing documents.
• Business Disputes
  Economic and competitive pressures, and governmental initiatives, have resulted in an increasing need for health care providers to seek legal recourse in the courts, or before state and federal agencies. We provide support and representation for our clients in contract disputes, insurance claims, fee collection matters, and any other contested proceeding. When necessary, our litigators represent medical providers in their disputes against the health care regulators or insurance companies who have failed to abide by the rules, or who have improperly changed or ignored rules, or who have broken their contract obligations. Â
• Business Transactions
  "MCCM [McConville Considine Cooman & Morin, P.C.] has been my go-to legal partner for more than 35 years. From personal and financial matters to real estate and business transactions - the team at MCCM has played an integral role in my growth and success."
• Limited Liability Companies
  We regularly form corporations, limited liability companies, partnerships and joint ventures. We also often form professional service entities including professional service limited liability companies (PLLC) and professional service corporations (PC) on behalf of health care providers and other professionals.
• Construction Contracts
• Trade Secrets
• Unfair Competition
  New York State is at the forefront of the development of commercial law. The firm’s litigators regularly appear before the Commercial Division of the New York State Supreme Court, which has jurisdiction over complex commercial cases. Our trial lawyers have handled numerous cases involving breach of contract, breach of fiduciary duty, fraud, misrepresentation, and business torts such as unfair competition and the theft of trade secrets. The firm’s litigation attorneys have also handled cases involving statutory and other common law violations where the breach or violation is alleged to arise out of business dealings such as asset purchase agreements, shareholder agreements, partnership agreements, restrictive covenants and non-compete agreements.

Employment Law

• Wrongful Termination
  We represent employers in state and federal court, and before various state and federal agencies, including the United States Equal Employment Opportunity Commission (the "EEOC"), the New York State Division of Human Rights, and the New York State Department of Labor. Our team has successfully defended numerous claims involving wrongful termination, discrimination, harassment, and hostile environment under state and federal fair employment laws, the Family and Medical Leave Act (the "FMLA"), and other employment laws.
• Employment Discrimination
  We help guide our clients in planning for, documenting, and making important hiring, discipline or discharge decisions. Consultation with an employment attorney in advance of such a decision may avoid unnecessary litigation and help ensure that such decisions are in compliance with discrimination statutes and other fair employment laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (the "ADA"), the Age Discrimination in Employment Act (the "ADEA"), and the New York State Human Rights Law, as well as other fair employment statutes, such as the Family and Medical Leave Act ("FMLA").
• Employment Contract
  Our attorneys have extensive experience representing clients who are buying or selling a business, and health care providers who are purchasing or selling a medical practice. We provide general business counsel to health care providers, including reviewing, drafting, and negotiating a wide range of agreements, guiding tax planning and ensuring compliance, and advising clients on labor and employment laws. We have significant experience representing hospitals and other health services employers in negotiating employment agreements with physicians and other health care providers. We also advise on the benefits of various forms of business organization our client's practice, and establish an appropriate professional service entity such as a professional service limited liability company (PLLC), a professional service corporation (PC), or a registered limited liability partnership (LLP).
• Employment Litigation
  An employer can do everything “right” but still face an employment claim. A disgruntled employee may easily file a claim with the Division of Human Rights, the EEOC, or the Department of Labor. When that happens, time is short, and it helps to have an advocate who guide the employer through a just and speedy resolution.
• Non-compete Agreement
  Our employment attorneys can assist you in drafting the clear, enforceable policies and agreements that you may need to protect your business assets and to minimize the risk of your organization being involved in litigation with a present or former employee. Should litigation become unavoidable, we have successfully represented businesses seeking to enforce non-compete agreements.  We have also represented numerous individuals and their new employers being accused of violating overbroad and unenforceable non-compete agreements.
• Severance Agreement
  We regularly draft employee handbooks, as well as general employment and independent contractor agreements, severance agreements, non-compete agreements, non-solicitation agreements and confidentiality agreements to protect trade secrets and other proprietary information for our clients.

Property Law

• Real Estate Litigation
  Real estate law has been a core practice of our firm for over 40 years.  Our attorneys are leaders in the Rochester community, and frequently organize and direct continuing education programs as key note speakers, facilitators, and resources for these education programs.  We represent buyers, sellers, brokers, agents, and individual property owners with purchase agreements, land contracts, easements, rights of way, boundary, and title disputes. Not all real estate transactions are straight forward; our attorneys possess the experience and knowledge in real estate law to navigate any legal issue that may arise.
• Construction Litigation
  Our team advises clients on the acquisition, development, construction and sale of real property and the gamut of related issues. We offer broad experience negotiating real estate purchases and sales, securing financing, and drafting and reviewing loan applications and loan documents, development and developer agreements, construction contracts, and management and lease agreements. Our expertise includes handling title issues, condominium and cooperative matters, partition actions, real estate brokerage and commissions disputes, commercial leasing and parking garage leasing matters, and ground leasing, rent valuation and regulation issues.
• Real Estate Transactions
  Real estate transactions involve an array of legal issues ranging from easements and zoning laws to environmental regulations, construction, and financing. A successful transaction considers not only the land, but also the people or businesses that will occupy the property long after the acquisition is complete.Â
• Eminent Domain
  With land use and zoning issues among the top concerns of real estate developers, our attorneys have extensive knowledge in this area. We have the skills to address eminent domain and condemnation proceedings, development rights disputes, Interstate Land Sales Full Disclosure Act litigation, and easement disputes, and regularly advise on adverse possession claims, nuisance claims, Article 78 proceedings, and the State Environmental Quality Review Act (SEQRA).
• Easement
• Land Use and Zoning
  Using a multi-disciplinary approach involving attorneys from our litigation, real estate, and municipal and local government practice areas, our firm has successfully represented individuals, developers and municipalities in a wide variety of zoning and land use matters.
• Landlord-Tenant Disputes
  We represent clients in a variety of commercial landlord-tenant disputes, including breach of contract matters, damage claims, rent control and stabilization issues, and non-payment and eviction proceedings. Our team has significant experience litigating issues between landlords and tenants. We are well-versed in a myriad of lease provisions, both landlords and tenants' legal rights and obligations. We work diligently to determine the most cost-effective way to resolve disputes, throught negotiating settlement and aggressively advocating in court.Â

Health Law

• Personal Injury
  Our team handles only those personal injury cases where legitimate, significant harm has been sustained: We set wrongs right. Our compassionate, personal approach sets us apart from other personal injury law firms. We don't spend our resources on billboards; we spend them on you. Our smaller caseload allows us to provide more individual attention to clients, enhancing the likelihood of securing a recovery commensurate with your injury.
• Medical Malpractice
• Auto Accidents
• Medicaid Planning
  Our Attorneys have the experience to help you with your Long-term Care options, Asset Protection and Medicaid planning. Schedule a Consultation
• Slip and Fall Injury
  We all have a duty to look where we are going or stepping.  But property owners also have a legal responsibility to create a reasonably safe environment for their visitors, who may not be familiar with the stairs, aisles, or tripping hazards.  This is particularly true in retail establishments and commercial parking lots, where the invited consumer is encouraged to be more attentive to the displays of merchandise for sale than what is on the floor or ground, or hung in the air. The slip and fall injuries that occur in these situations – from fractured hips to broken wrists to eye injuries – can have personal consequences for which the land or store owner must bear responsibility for their negligent maintenance. Learn more about how our slip and fall injury attorneys  can help you.

Trusts and Estates

• Estate Planning
  We counsel individuals on the estate and gift tax implications of their succession plans, and provide creative strategies to help our clients achieve their wealth succession goals while minimizing estate and gift tax consequences.  We complement these services with our estate administration practice. With integrated business tax, income tax, and estate and gift tax practices, our team provides our clients with comprehensive advice on the full range of options and tax consequences of any investment.
• Wills
  How property is distributed upon death should be a straightforward matter based on a will, trust, or the laws of interstate succession in New York. Sometimes, however, questions are raised concerning the circumstances under which a last will and testament was written, leading to a Surrogate’s Court challenge to the will on grounds of incapacity, duress or undue influence. We have represented concerned and distraught family members in these difficult proceedings.  Surrogate’s Court is also the forum in which we have litigated claims regarding breaches of fiduciary duty by estate executors or administrators, or by trustees and agents under Powers of Attorney.
• Trusts
  We have clients that come to us before they enter marriage, after having children, or as they age.  Our attorneys work closely with each client to develop a plan that will be suitable for the particular needs and desires of that client.  Whether they need a Will, living trust or an irrevocable trust, our attorneys will lay out the pros and cons of the different options that may suit our clients' needs, while keeping in mind tax consequences for each option to ensure minimize tax liability.  Â
• Power of Attorney
  A Power of Attorney and a Health Care Proxy, also known as Advanced Directives, are critical documents for a person to have in place.  A Power of Attorney allows an individual to name the person or people that they would like to make financial and legal decisions for them in the event that they are unable to.  Most people are unaware of the implications of not having a Power of Attorney.
• Probate

Finance Law

• Bankruptcy
  Commercial real estate transactions carry unique implications for the underlying business relationships. Our commercial real estate attorneys have the depth of knowledge and business savvy needed to negotiate complex transactions and avoid costly complications. Our multi-faceted approach to commercial real estate transactions considers issues grounded in property, business, tax, and bankruptcy law. We have the foresight to prevent disputes and the ability to resolve issues related to land use, environmental regulations, leases and tenancies, and all stages of commercial development. We efficiently manage the legal details and coordinate all aspects of the transaction, allowing you to focus on your business.
• Foreclosure
  This is the Chapter that allows individuals to retain their property and pay delinquencies over a period of time.  Chapter 13 is available only to individuals, up to a set debt amount limit. Repayment plans to creditors are limited to five-year terms. Payments are made to a Chapter 13 trustee who then distributes the funds to creditors. As with Chapter 7, debtors are required to take a consumer credit counseling course. The debtor need not surrender non-exempt assets as is required under Chapter 7. The most commonly used advantage of Chapter 13 is the right to stop a foreclosure and pay arrears under the repayment plan. Our multi-faceted approach to both real estate transactions and bankruptcy helps clients get back on the road to financial health.
• Tax Law
  In addition to the business and tax issues that are involved in the purchase or sale of any business, health care providers must comply with additional laws and regulations related to the transfer of medical records, the Anti-Kickback Laws and the New York Education Law's prohibitions against fee splitting and patient abandonment. Our attorneys not only have extensive experience representing clients who are buying or selling a business, but also have experience representing health care providers who are purchasing or selling a medical practice.