Archive | Practice Areas

Bicycle Accidents and Injuries

If you’ve been involved in an automobile-bicycle collision you need representation from an attorney with an acute understanding of cycling. Understanding negligence law and traffic codes isn’t enough – if you’ve been hit by a car while riding your bike, you need an attorney who understands the value of your bike, the value of your time cycling, and the losses that you’ve suffered since your accident.

I am that attorney. I’ve raced and ridden road, cyclocross and mountain bikes all over the country for more than a decade. Before law school I worked as a Mavic Certified bike mechanic in Rochester and Albany New York. I’ve organized events and promoted race series and recreational rides. I’ve been team director for successful road and cyclocross teams, and I write regularly on the topic of bicycles and the law for newspapers and magazines throughout New York State. Few other attorneys understand the important role bikes play in a dedicated cyclist’s life.

This experience all adds up. I’ve heard defense attorneys in bicycle collision cases call bikes “inherently unstable.” I know better. I’ve heard police officers suggest that cyclists shouldn’t be in the road. I know the law, and I know they’re wrong. I’ve heard insurance adjusters scoff at the replacement costs of high end bicycles. I know not only what the value of your bike is, but why it cost so much. I have a track record of making sure you get what you deserve from the motorist who hit you.

If you’ve been hit by a car, you need a lawyer. If you’ve been injured, it is critical that you have someone representing you who can make sure you are compensated fairly for your loss – not just physical pain, but the emotional loss of cycling as a passion that happens to so many collision victims.

If you were not injured in the crash, count yourself among the lucky, but then call me anyway. Bicycles are not designed to sustain heavy impacts. Even if you survived a collision with a car, in all likeliness your bike hasn’t. What is stunning, is that if you haven’t been hurt, drivers and insurance companies alike will scoff at bicycle repair and replacement bills. This can prevent or seriously undercut the payment you receive for replacing your broken equipment. As an attorney who understands the finer points of bike gear, and the costs associated with it, I can make sure you receive full replacement value for your damaged or totaled bike.

If you ride a bike, and have been hit by a car, call me today. We can talk about what to do and how to make sure you get what you deserve.

518.477.5408.

Residential and Commercial Real Estate

Mr. Schillinger handles real estate matters of all kinds, ranging from closings on residential and commercial properties, to tax assessment challenges and Landlord-Tenant disputes.

When buying or selling a property it is critical to have vigorous and effective legal representation during the negotiation of the contract for the sale of the property. Without a close adherence to the terms of the contract, the deal you strike can fall through for little reason other than sloppy reading of the fine print. Mr. Schillinger takes real estate matters seriously. While other attorneys sometimes see a closing as an opportunity for little more than a quick buck, Eric looks at a closing as a key point in his clients lives, as they take on ownership of new property. He focuses on making sure his clients receive the best possible deals under the contract and rigorously enforces his clients rights after the signing of a contract for sale.

Once you purchase a property, real estate taxes can become a major issue. Mr. Schillinger works closely with a tax assessor in challenging tax assessment proceedings and can almost always reduce his clients tax burden through a properly litigated tax certiorari proceeding. If you have questions regarsding tax law contact Mr. Schillinger at (518) 477-5408.

Estate Planning

Talking about what do with your property after you pass away is not an easy subject for most people, but it is an important one. In New York State, the Estates, Powers and Trusts Law controls the distribution of property after its owner passes away. New York State provides for two basic options. Property may either pass through” intestacy,” or it may pass via a will in a “probate” proceeding.

If you die without a will, your property passes through the laws of intestacy. Intestacy laws are designed to be generally fair on average, allowing for surviving spouses and children to get the property of the decedent. It is important to remember that in an intestacy proceeding, the state’s laws decide how property is divided and who gets what percentage of that property, not the family members of the decedent.

When you write a will, you gain control of what happens to your property, ensuring that it is handled properly after you pass away. When dealing with substantial wealth, aggressive estate management plans can save large amounts of money in death taxes and transfer taxes. Many of those plans need to be implemented years before a person passes away to be fully successful. If you have a substantial amount of wealth, you should contact Mr. Schillinger to discuss the best way to protect your legacy with your loved ones.

You don’t need to have a fortune to benefit from having a will either. Sometimes, its most important to create a will when you’ll only be leaving a small estate. This makes sure the people you care about receive your property, not the people the state thinks should get it.

If you have questions about estates law please contact Mr. Schillinger at (518) 477-5408 or eric@schillinger-law.com and he’ll be happy to answer your questions.

Divorces

Divorce can be one of the most difficult experiences an individual is faced with. It doesn’t also need to be one of the most expensive. Mr. Schillinger is dedicated to making sure you receive cost effective representation in your matrimonial matter, ensuring you your divorce leaves you with good footing to continue your life.

New York State has unique laws regarding divorce and its important that you be represented by a skilled attorney to ensure you preserve your assets and have the greatest opportunity for success following what can be a traumatic life change.

If you have questions regarding the grounds for divorce in New York or New York State’s new no-fault divorce law you should contact Mr. Schillinger. Think twice before relying on do-it-yourself divorce kits or non-legal assistance in this extremely important and life changing situation.

Contact Mr. Schillinger at (518) 477-5408, or email eric@schillinger-law.com if you have any questions.

Criminal Defense

If you are accused of a crime it is absolutely critical that you obtain legal representation as soon as possible after arrest. You have an absolute constitutional right to be represented by an attorney. Its important to remember that our justice system is an adversarial system and its fairness is based on the assumption that both the prosecution and the defense are represented by knowledgeable and skilled trial lawyers. Without a skilled defense attorney, few options are available to the defendant to preserve his or her constitutional rights during prosecution.

Mr. Schillinger’s primary practice area is criminal defense. He has handled hundreds of criminal matters for clients, and has experience handling felonies, misdemeanors, and non-criminal violations. Mr. Schillinger handles all criminal charges at all levels including:

Aggravated Unlicensed Operation of a Motor Vehicle (AUO 3rd)
Assaults
Burglaries
Criminal Contempt Charges (violations of orders of protection)
Disorderly Conduct
Domestic Matters
Drug Related Charges
Driving While Intoxicated (and DWAI)
Harassment
Homicides
Larcenies
Menacing Charges
Sex Related Charges
Violations of Probation

If you have been accused of a crime, you can make no wiser decision than to retain qualified legal counsel as quickly as possible. Mr. Schillinger’s approach to criminal law is unique in that he provides very affordable rates to his clients, making sure their rights are protected without drowning them in legal fees.

Contact Mr. Schillinger at (518) 477-5408 if you have any further questions.

Traffic Tickets

A traffic ticket can ruin your day, don't let it ruin your driving record.

Receiving a traffic ticket is one of life’s major hassles.

Costly fines and state surcharges ensue even after some of the most minor violations on the road.

The fines are just the first part of the hassle. Appearing in traffic court can eat up your day; you can be forced to miss work, losing precious personal or sick time. In worst case scenarios, you can even be docked pay or fired for missing work. All simply to take care of a traffic ticket.

Even after paying the fine, the hassle can continue. The cost of car insurance increases substantially when you have a speeding ticket or other moving violation on your record. In some cases, car insurance companies will drop you from their coverage completely if you receive a ticket. These increased costs will be paid out for years following the ticket, making a ticket’s cost far more than the fine you pay up front.

If you receive three speeding tickets in an 18 month period, or more than 12 points on your license, it will be revoked. It is critical that you not accumulate points and speeding violations, not only to keep the cost of insuring your car low, but also to ensure you will always be able to drive. Even if this is your first ticket, there is no reason to risk getting points or a speeding conviction, as you never can predict what will happen down the road.

Hiring an attorney to represent you in traffic court is the only reliable way to minimize the risk of losing your license and paying both high fines and big insurance premiums. In most instances, an attorney can handle the case without your having to appear in court, thus saving the hassle of missing work to take care of the ticket.

Some attorneys charge as much as $600 to handle traffic tickets. When factored over 5 years of paying high insurance costs, or the potential loss of a license, even that cost represents a respectable value.

But to shell out $600 while still likely paying a fine of some sort is a lot of money. It can be done for less, and I do it for less. I’ve come up with a standard pricing structure to handle tickets that allows you to have the advantages of a licensed attorney, without having to pay an exorbitant fee to get them.

If you have any questions, please contact Mr. Schillinger at (518) 477-5408.

The Law Office of Eric K. Schillinger

Quality Affordable Legal Services

attorney, lawyer, albany, new york, capital district, troy, rensselaer, Schenectady, affordable, cheap, traffic ticket, speeding ticket, criminal defense, divorce, real estate closing, estate planning, wills, probate, tax assessment, landlord tenant, contracts, personal injury, bicycle, dmv, dwi, driving while intoxicated, dwai, drugs, felony, misdemeanor, violation, disorderly conduct, marijuana, upm, possession matrimonial law

Lease and Contract Review

Don’t sign on the dotted line with out us…

From simple credit card receipts to contracts for the lease or sale of a home, and even employment contracts, individuals are frequently tasked with “signing on the dotted line” to advance their own goals. Unfortunately, on many occasions, these contracts contain large amounts of fine print and boilerplate legal language that can substantially affect your rights and obligations under the contract.

If you are considering signing a new contract, or believe you have entered into a contract with terms you do not fully understand, you now have a low cost option to have that agreement reviewed and explained by a licensed attorney. Where some firms may charge upwards of $200 for a basic review of a contract or lease, I am dedicated to making sure there is an affordable option for individuals to protect their legal rights, and as such, offer low cost contract and lease review.

Lease review is a critical step in signing any new landlord-tenant agreement, as leases are unique legal documents that create a very substantial and important relationship between the parties. To ensure you are getting everything you bargained for in the agreement to lease your new home or place of business, please let me review your agreement.

For the low cost of $50, I will review your contract or lease and provide you with a thirty minute consultation on your rights and obligations. If you are thinking about signing a new agreement, this service is a must, and if you’ve already entered into an agreement, I can make sure you have the best possible understanding of your rights and responsibilities, and how to go about performing or escaping those duties.

All leases and contracts reviewed. Frequent examples include:

Contracts for the sale of goods
Contracts for the provision of services
Residential and Commercial Lease Agreements
Employment Contracts
Credit Card and Mortgage Agreements
Contracts assigning rights to patents and copyrights
Contractor-Subcontractor Agreements

Call 518.477.5408 today to set up a consultation.

The Law Office of Eric K. Schillinger

Quality Affordable Legal Services

The Experience You Trust. The Results You Need.

Welcome to The Law Office of Eric K. Schillinger. Mr. Schillinger is dedicated to providing quality, affordable legal services to individuals throughout upstate New York. Mr. Schillinger is both a criminal defense attorney with an exceptional trial record and an experienced civil litigator.

His creative and unique approach to the practice of law consistently produces outstanding results for his clients. Mr Schillinger takes advantage of substantial technology in his practice. Regardless of your matter, Mr. Schillinger can help you without breaking the bank.

If you have been accused of a crime you should contact Mr. Schillinger as soon as possible. He is an experienced criminal defense attorney who will make sure your rights are represented and protected.
If you have questions or need an attorney please call 518-477-5408.

This web site contains attorney advertising.
Prior results do not guarantee a similar outcome.