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WELCOME TO FRANKLIN & PROKOPIK
The law firm of FRANKLIN & PROKOPIK provides clients with premiere, yet cost-effective, legal representation in the areas in which the Firm's practice concentrates. With its main office located conveniently in the heart of downtown Baltimore, the Firm's practice extends to all areas of Maryland, Virginia and the District of Columbia. The Firm's Tampa office serves clients throughout Florida. Branch offices in Western Maryland, on the Eastern Shore of Maryland, and in Northern Virginia, provide local knowledge and cost-effective service in each of those regions. Martindale-Hubbell has rated the Firm AV, the highest rating possible.
PROFESSIONAL MEMBERSHIPS
FRANKLIN & PROKOPIK is proud to be a member of USLAW , an organization of independent law firms, selected for membership based upon their reputations for providing quality and cost-efficient legal services. The USLAW network includes more than 50 member firms in more than 40 states, representing over 3,000 attorneys. Member firms share information and other resources in order to enhance the quality and cost-efficiency of legal services provided to the member firms’ clients. The Firm is also a member of the National Workers' Compensation Defense Network ("NWCDN"). The Firm is an active allied member of the Maryland Motor Truck Association (MMTA), the Virginia Trucking Association (VTA), the American Moving and Storage Association (AMSA), National Tank Truck Carriers, Inc. (NTTC), and the Towing and Recovery Professionals of Maryland (TRPM), Transportation Intermediaries Association, (TIA), as well as the Maryland Association of Boards of Education (MABE), the Maryland Association of Community Services (MACS), and the Maryland Association of Resources for Families and Youth (MARFY). Firm principals and associates are active in the American Bar Association (ABA), the Maryland State Bar Association (MSBA), the Maryland Defense Counsel (MDC), the Defense Research Institute (DRI), the Association of Transportation Law Professionals (ATLP) and the Transportation Lawyers Association (TLA). On a local level, Firm principals and associates are active in the Baltimore Claims Association and the Baltimore City and various County Bar Associations.
APPELLATE ADVOCACY
FRANKLIN & PROKOPIK’s Appellate Advocacy practice flows naturally from the large trial practice maintained by the Firm. In addition to defending and prosecuting appeals and related writs before the appellate state courts of Maryland, the District of Columbia, Virginia, and Florida, the Firm handles appeals and related writs in the United States Circuit Courts of Appeal for the Fourth, Eleventh, and D.C. Circuits, as well as in the Supreme Court of the United States.
AUTOMOTIVE INDUSTRY
FRANKLIN & PROKOPIK maintains a practice concentration in the automotive industry claims. The Firm’s lawyers regularly represent auto dealers, directly and through their insurers. We have handled claims made under all types of insurance policies, including dealer open lot, garage keeper liability and general commercial liability. We have successfully represented auto dealers, repair and towing facilities (either as part of a dealership or operating independently), in matters involving a wide variety of issues in the auto industry, for both new and used vehicles, including: unfair business practices, consumer protection act, truth in lending, presale non-disclosure, fraud, express warranty, "lemon law", misrepresentation, revocation, implied warranty, deceptive trade, Magnuson-Moss, negligent repair and contracts. We also handle claims against dealerships involving employment discrimination, wrongful termination and sexual harassment.
BANKRUPTCY AND CREDITOR’S RIGHTS
FRANKLIN & PROKOPIK counsels and represents clients in all aspects of bankruptcy, commercial finance and commercial litigation, from the negotiation of commercial transactions, to post-default commercial litigation, workouts and restructuring, and finally bankruptcy proceedings. Our transactional practice encompasses the negotiation and documentation of secured and unsecured loans, including creating and perfecting security interests in collateral. We regularly represent clients in restructuring and working out distressed transactions, and should those efforts fail, our attorneys are experienced commercial litigators and bankruptcy practitioners. Our commercial litigation and bankruptcy practice focuses on post-default disposition of collateral, collection of deficiency balances, and representation of clients in all aspects of bankruptcy.
BUSINESS and CORPORATE
FRANKLIN & PROKOPIK has an active business and corporate practice serving both large and small businesses. For those desiring to start a business, the Firm helps clients choose which type of business entity is appropriate, and then helps them to create the entity, including drafting all of the related documents. The Firm's attorneys also assist such new businesses, as well as ongoing ones, with general business and corporate advice, including corporate structure, buy-sell agreements, mergers and acquisitions, and any other advice, action, or transaction which the business may need. We have also created an innovative General Counsel Program which effectively allows you to create your own legal department without incurring the cost of hiring "in-house" attorneys.
The Firm publishes Mind Your Own Business, a quarterly corporate and business newsletter, which is available electronically, or in hard copy. It also conducts a business law seminar annually in May.
CIVIL LITIGATION
The Firm represents a number of clients in various general civil litigation matters including its concentration in construction litigation and litigation related to the ownership and operation of amusement parks. Other litigation matters routinely handled by FRANKLIN & PROKOPIK attorneys range from commercial litigation to general tort defense, including premises liability, directors' and officers' liability, motor tort and product liability defense, and the representation of those in the automobile industry and various retail clients. Finally, the Firm provides subrogation/indemnity representation and, in appropriate cases, criminal defense representation. Tort laws vary greatly from state to state, and we understand that many risk and claims professionals must deal with multiple jurisdictions. Accordingly, FRANKLIN & PROKOPIK has created a "Tort Profile" for each jurisdiction in which its attorneys practice. The Tort Profiles are designed to be "user friendly" summaries of the tort law for each jurisdiction, emphasizing topics and issues of frequent concern, and including an extensive index for easy location of any given topic. The Firm has similarly created a laminated "Tort Profile Easy Reference" which provides key aspects of the jurisdiction's tort law, as well s a map of the jurisdiction which reflects how relatively "plaintiff friendly" juries in each county are likely to be.
CONSTRUCTION
The construction law practice group of FRANKLIN & PROKOPIK has a great wealth of experience in the construction field. Led by senior principal, Ralph Arnsdorf, with 25 years of construction litigation experience and over 100 jury trials, the Firm has represented owners, architects, engineers, general contractors, subcontractors, suppliers and insurers in the full range of construction cases. From heavy highway maintenance of traffic accidents to delay claims on multiple prime contractor federally-funded projects, FRANKLIN & PROKOPIK attorneys have been involved in virtually every aspect of construction and have successfully defended cases throughout the mid-Atlantic states and Florida.
FRANKLIN & PROKOPIK construction attorneys provide consultation to clients before problems develop. The Firm has reviewed and modified construction contracts promulgated by the American Institute of Architects, the Associated General Contractors and many other sources. Our construction law attorneys are adept at spotting potential problem areas in contracts or with construction schedules. In the event of a construction accident, a team of construction law attorneys and assistants can be on site, usually the same day. The attorneys work with the client, and/or the insurer, to protect the accident scene, preserve evidence and avoid spoliation claims. The Firm has also handled construction products liability claims involving construction equipment, from cranes to backhoes, and concrete pumpers to forklifts. In sum, FRANKLIN & PROKOPIK is well positioned to handle all aspects of construction matters.
ESTATES and TRUSTS
FRANKLIN & PROKOPIK offers experienced representation with regard to all aspects of estate planning and administration, from the preparation of a simple will to the planning and administration of large and complex estates. Our attorneys have experience with many types of gifting vehicles, including Generation Skipping trusts, HEET trusts, QPRTs, and life estate deeds. We also represent the personal representatives of estates as they administer estates following the principal’s death. When related litigation is necessary, the Firm’s attorneys are experienced in representing either the estate or individual heirs, in conjunction with such disputes.
The Firm has created tools to assist estates and trusts clients, including a "Probate Process Overview" which contains information regarding what should be done from a financial and legal perspective when a person dies, including an overview of the probate process in Maryland. If you or someone that you know is facing the death of a loved one, please look at our guide. In connection with our estate planning services, we have also compiled an "Estate Planning Terminology", which contains basic definitions of many estate planning terms. This terminology guide also includes a chart of the current federal estate tax law.
HUMAN SERVICES
FRANKLIN & PROKOPIK regularly represents agencies which provide services to those with various types of disabilities. The Firm is a member of the Maryland Association of Community Services (MACS) and serves as claims counsel to the MACS Workers’ Compensation Self-Insurance Group. FRANKLIN & PROKOPIK is also a member of the Maryland Association of Resources for Family & Youth (MARFY), and serves as both corporate and claims counsel to the MARFY/CBH Workers' Compensation Self-Insurance Group. The Firm also serves as counsel to the Human Services Benefits Company (HSBC), a leading provider of insurance services, as well as safety and regulatory training, to human services agencies throughout the United States.
INSURANCE
The Firm’s attorneys have experience dealing with all aspects of insurance. For example, our attorneys are well versed in insurance coverage issues. The Firm is insurance coverage counsel for the Fidelity & Deposit Companies and has served as coverage counsel for a number of other insurance carriers, including Eastern Atlantic Insurance Company, Great American Insurance Co., Harco National Insurance Company, Lancer Insurance Co., and TransGuard Insurance Company. The Firm realizes that favorably resolving coverage disputes often disposes of liability exposure. Accordingly, we take a comprehensive approach considering the practical, as well as strictly legal, issues.
Our attorneys are also experienced in representing clients in matters pertaining to insurance regulation. We assist clients with filings, cancellations, and other regulatory procedures, as well as helping to respond to complaints filed by insureds, or related inquiries from regulatory authorities. We are also experienced in matters pertaining to individual and group self-insurance and alternative risk mechanisms, and regularly assist clients with all aspects of the same. We have helped clients obtain authority as either individual or group self-insurers, and have assisted with all other aspects of continuing operation in that regard. We also handle various insurance transactions, such as loss portfolio transfers.
LABOR and EMPLOYMENT
FRANKLIN & PROKOPIK handles a large variety of labor and employment matters. The Firm prides itself on a comprehensive approach to labor and employment problems, so that clients can make the best overall personnel decisions, taking into consideration the interaction between many different overlapping state and federal employment laws. The Firm provides advisory and planning representation, helping clients to effectively establish and utilize appropriate employment practices and supporting documentation, such as effective employee handbooks, which may avoid costly litigation. In the event of litigation, however, the Firm is well equipped to represent its employer and management clients before state and federal administrative agencies and in all levels of state and federal courts. Firm attorneys regularly conduct in-house training on these issues to clients and to a wide range of trade and industry groups, both regionally and nationally. Firm attorneys are also active in a variety of legal and business organizations to advocate legislative and regulatory change to support the ever-evolving needs of business.
FRANKLIN & PROKOPIK publishes an Employment Law Quarterly newsletter which is available electronically or in hard copy. The Firm also presents its annual labor & employment seminar every November. Human Resources Certification Credits are available for those holding PHR, SPHR and GPHR certifications.
OCCUPATIONAL ACCIDENT
FRANKLIN & PROKOPIK attorneys have expertise with occupational accident ("occ. acc.") insurance and claims. Our representation includes "vetting" and helping to develop new policies. We are also experienced in evaluating and defending claims. Our attorneys also regularly assist with coverage issues, and regulatory matters pertaining to such policies.
REAL ESTATE
FRANKLIN & PROKOPIK is well equipped to handle both your commercial and residential real estate needs. Our attorneys are able to assist you by counseling or interceding on a variety of matters including the drafting and negotiation of commercial and residential lease agreements, purchase and sale transactions, quiet title actions, and monitoring and recovery of real estate collateral. Through our real estate practice the firm has represented mortgage lenders, homebuilders, contractors, and small businesses.
RETAIL
The Firm also represents a number of clients involved in retail business, including a wide variety of store operators as well as restaurants. Frequently encountered issues for such clients include premises and product liability claims, as well as false arrest and false imprisonment claims by those accused of shoplifting. We also handle matters for such clients in our other areas of practice (e.g. labor, business, workers’ compensation, etc.) as well.
TOWING and RECOVERY PROFESSIONALS
FRANKLIN & PROKOPIK actively represents clients in the towing and recovery industry. We regularly represent such clients in a wide variety of matters, from towing ordinances and other regulatory issues, to liability, labor and business matters as well. The Firm provides the Legal Services Program for the Towing and Recovery Professionals of Maryland (TRPM), and F&P principal Robert Franklin serves at TRPM’s General Counsel, with Firm principal Andrew Stephenson, serving as Associate General Counsel to the Association.
TRUCKING and TRANSPORTATION
The Firm is nationally known in the trucking industry, and maintains an extensive and varied transportation practice. As a service to its many transportation clients, the Firm maintains a 24-hour Emergency Response capability. Whether handling an accident claim, or a regulatory issue with an enforcement agency, the Firm's attorneys understand the nuances of the trucking industry. Trucking clients include companies with local roots such as Hahn Transportation, R.W. Bozel Transfer, Inc., Lightning Transportation, The Terminal Corporation, and USA Cartage, as well as national carriers such as C. R. England & Sons, Inc., Cardinal Logistics Management, Celadon Trucking Services, Inc., Estes Express, Old Dominion Freight Line, Inc., R+L Carriers, Swift Transportation, and Werner Enterprises, Inc., and private fleet operators such as Comcast Cable Communications, ConAgra Foods, Inc., Coca-Cola Enterprises, Federal Express, SYSCO and USA Waste/Waste Management, Inc. The Firm also represents a number of brokers, freight forwarders and other intermediaries. FRANKLIN & PROKOPIK has established itself as one of the nation's leaders in providing legal advice and counsel in this demanding practice area.
The Firm regularly handles accident litigation involving commercial vehicles. It also handles a variety of regulatory matters, including safety fitness audits, as well as fines for alleged violations. Franklin & Prokopik’s representation of its transportation clients regularly involves a number of other practice areas, including contracts, labor & employment, workers’ compensation, and corporate matters.
The Firm provides the Legal Services Program for the Maryland Motor Truck Association (MMTA), and Firm principal Robert Franklin serves as MMTA's General Counsel. Franklin & Prokopik is also an Associate Member of the the Virginia Trucking Association (VTA), the American Moving and Storage Association (AMSA), and the Transportation Intermediaries Association (TIA). The Firm also represents transportation clients through various insurers such as Carolina Casualty Insurance Company, Lincoln General Insurance Company, Protective Insurance Company (Baldwin & Lyons), Penn National Insurance, RLI, and Vanliner Insurance Company. Firm personnel are also active in the American Bus, United Motorcoach and Maryl Motorcoach Associations, and thus the Firm is equally weluipped to deal wih the special problems encountered by motor coach operators as well as motor carriers.
FRANKLIN & PROKOPIK publishes Liability Dispatch, a quarterly newsletter regarding transportation and liability matters, which is available electronically and in hard copy. The Firm recognizes that trucking has its own language, which is often a challenge for those new to dealing with the industry. As a result, we have created "Truck Talk", which provides brief definitions of frequently encouered trucking terms and acronyms. The Firm has a model truck collection of nearly 2,000 units, and has created its own F&P Truck.
WORKERS' COMPENSATION and EMPLOYER'S LIABILITY
The Firm is well recognized for the experience of its personnel in handling all aspects of Workers' Compensation and Employer's Liability matters. Adept at handling regulatory matters at both the Workers' Compensation Commission and the Maryland Insurance Administration, including matters of individual and group self-insurance, the attorneys of FRANKLIN & PROKOPIK are also well known for their comprehensive and aggressive defense of workers' compensation matters at all levels in both the State and Federal systems; The Firm is a member of the National Workers' Compensation Defense Network ("NWCDN").
Workers' compensation clients range from small to large insurance carriers, self-insurance groups and individual self-insurers. FRANKLIN & PROKOPIK currently represents, among others, the group workers' compensation self-insurance pools of the Maryland Association of Boards of Education, the Maryland Association of Community Services, and the Maryland Association of Resources for Families and Youth (MARFY") and Community Behavioral Health Association ("CBH"). Insurance clients include Baldwin & Lyons, Brethren Mutual Insurance Company, the Farmers Insurance Group of Companies, Great West Casualty Company, Harford Mutual Insurance Company, Highlands Insurance Company, Lancer Insurance Company, Lincoln General Insurance Company, Montgomery Mutual Insurance Company, RLI, Rockwood Casualty Insurance Company, and St. Paul Fire & Marine Insurance Company.
The Firm also represents a number of clients with significant self-insurance retention, such as ALCOA Eastalco Works, Citicorp, the CSX Corporation, FMC Corporation, McDonalds, Owens-Corning Fiberglass Corporation, Penske Truck Leasing Co., L.P., SunTrust Banks, SYSCO, and USA Waste/Waste Management, Inc. Individually Self-insured clients include CBS Corporation/Westinghouse, Coca-Cola Enterprises, Fleetwood Travel Trailers, Food Lion, Inc., General Electric Corporation, and UPS Freight. The Firm also works with a number of third party administrators, including Crawford & Company, Gallagher Bassett Services, Inc., Gates McDonald, Sedgwick CMS, and The Schaffer Companies, Ltd. to effectively service its clients.
The Firm has developed a laminated "WC Overview Quick Guide" of key points of workers’ compensation law in Maryland, District of Columbia, and Virginia as well as a more detailed "WC Overview" of each jurisdiction.
The Firm has also developed workers’ compensation "benefits rate cards" for Maryland, Virginia and the District of Columbia, as well as "instructions" for how to use each card. The benefits rate cards are designed to be "user friendly" tools to help anyone quickly and easily calculate the dollar exposure of any given claim. New cards reflecting revised maximum benefit rates are prepared each year. The field of workers’ compensation utilizes a number of unique acronyms and abbreviations. Claims handling and evaluation also often necessitates reviewing medical records, and they similarly have a number of routinely used abbreviations and shorthand terms. As a result, we have prepared a "Comptionary" of frequently used legal and medical abbreviations. We have also created a "Lost Time Wheel" in order to quickly and easily calculate the weeks and days in any period of lost time.
FRANKLIN & PROKOPIK publishes F&P First Report, a quarterly newsletter regarding workers’ compensation and employer’s liability matters, which is available electronically and in hard copy. It also conducts a workers’ compensation seminar annually in April.
F&P PUBLICATIONS
FRANKLIN & PROKOPIK produces four quarterly newsletters, the F&P LIABILITY DISPATCH, concerning transportation and liability matters, the F&P FIRST REPORT, concerning workers' compensation and employer's liability matters, the F&P EMPLOYMENT LAW QUARTERLY, concerning labor and employment matters, and the F&P MIND YOUR OWN BUSINESS, concerning business and corporate matters. The newsletters are distributed, without cost, to clients and industry representatives and are available in hard copy. Likewise, the Firm regularly contributes articles for inclusion in the Maryland Motor Truck Association's newsletter, THE BULLETIN and the Towing and Recovery Professionals of Maryland newsletter, TRPM News.
If you would like a copy of any of our newsletters, or to be added to the mailing list to receive one or more of them, please click the newsletter title(s) or e-mail your request to Joan Hartman, Office Manager at jhartman@fandpnet.com. F&P LIABILITY DISPATCH, F&P FIRST REPORT, F&P EMPLOYMENT LAW QUARTERLY, or F&P MIND YOUR OWN BUSINESS.
The attorneys of FRANKLIN & PROKOPIK have created a "Tort Profile" for each of the jurisdictions in which they practice, which is designed to be a "user friendly" summary of the tort law for each jurisdiction, emphasizing topics and issues of frequent concern, and including an extensive index for easy location of any given topic. The Firm has also created a laminated "Tort Profile Easy Reference" which provides key aspects of the jurisdiction’s tort law, as well as a map of the jurisdiction which reflects how relatively "plaintiff friendly" juries in each county are likely to be.
The Firm has developed a laminated "WC Overview Quick Guide" of key points of workers’ compensation law in Maryland, District of Columbia, and Virginia as well as a more detailed "WC Overview" of each jurisdiction.
The Firm has also developed workers’ compensation "benefits rate cards" for Maryland, Virginia and the District of Columbia, as well as instructions for how to use each card. The benefits rate cards are designed to be "user friendly" tools to help anyone quickly and easily calculate the dollar exposure of any given claim. New cards reflecting revised maximum benefit rates are prepared each year. The field of workers’ compensation utilizes a number of unique acronyms and abbreviations. Claims handling and evaluation also often necessitates reviewing medical records, and they similarly have a number of routinely used abbreviations and shorthand terms. As a result, we have prepared a "Comptionary" of frequently used legal and medical abbreviations. We have also created a "Lost Time Wheel" in order to quickly and easily calculate the weeks and days in any period of lost time.
In conjunction with it’s trucking and transportation practice, the firm provides 24-hour Emergency Response and has produced a card containing the 24/7 contact capability. The Firm has also created a laminated summaries of its "Go Team" information for Maryland/District of Columbia, Virginia, and Florida.
FRANKLIN & PROKOPIK has created a "Business Entity Checklist", which includes a checklist of issues to consider when creating a new business entity, as well as a checklist of issues to consider in the ongoing operation of one’s business entity. The Firm has also created several tools to assist estates and trusts clients, including a "Probate Process Overview" which contains information regarding what should be done from a financial and legal perspective when a person dies, including an overview of the probate process in Maryland, and an "Estate Planning Terminology", containing basic definitions of many estate planning terms in addition to a chart of the current federal estate tax law.
The Firm has compiled the "F&P Resource Guide" of the various tools and materials it has created in an effort to assist clients. The Guide can be printed, completed, and returned to us, or you may complete it online by clicking here. If you would like copies of any of the materials described above, please click here or contact Cara Gardner, Marketing Coordinator at cgardner@fandpnet.com.
SPEAKERS
Attorneys of Franklin & Prokopik frequently serve as speakers on a great variety of topics. We have served in that capacity, from conducting "in-house" seminars for individual clients, to serving as speakers on large scale programs for various professional and trade-related organizations. If you are interested in possibly having one of our attorneys serve as a speaker for your organization or function, please click here or e-mail your request to Cara Gardner, Marketing Coordinator at cgardner@fandpnet.com.
FRANKLIN & PROKOPIK SEMINARS
The Firm conducts three regularly scheduled annual seminars: one regarding workers’ compensation and employer’s liability matters (April); one regarding business and corporate law (May); and one regarding labor and employment matters (November). The seminars are provided without cost, and a course book for each is distributed to attendees. If you cannot attend a given seminar, a copy of the course book can be obtained by clicking here or contacting our Marketing Coordinator, Cara Gardner, (410-230-1001 or e-mail cgardner@fandpnet.com). If you would like to be added to the invitation list for any or all of the seminars, click here or contact Ms. Gardner above.
FRANKLIN & PROKOPIK attorneys also frequently put on seminars addressing a wide variety of topics. For a schedule of upcoming seminars, and other presentations by Franklin & Prokopik attorneys, click here. The Firm also provides in-house seminars to individual clients, tailored to the topic, format, and length which the client desires. If you would like information regarding a potential seminar for your company or organization, click here or contact Cara Gardner, Marketing Coordinator at cgardner@fandpnet.com.
WHO TO CONTACT
Throughout our Firm Profile, we have noted various resources available to you from our Firm, including: workers’ compensation "benefits rate cards" for Maryland, District of Columbia and Virginia; instructions for how to use the workers’ compensation benefits rate cards; Comptionary; Lost Time Calculator; each of our complimentary newsletters, the F&P LIABILITY DISPATCH, concerning transportation and liability issues, the F&P FIRST REPORT, concerning workers' compensation and employer's liability issues, the F&P EMPLOYMENT LAW QUARTERLY, concerning labor and employment matters, and the F&P MIND YOUR OWN BUSINESS, concerning business and corporate matters; speaker requests; Tort Profiles for Maryland, the District of Columbia, or Virginia, and our 24-Hour Emergency Response Card(s). If you would like copies of any of the materials noted, to be placed on our mailing list or e-mail list, or to have one of our attorneys serve as a speaker, please click here or contact our Marketing Coordinator, Cara Gardner, (410-230-1001 or e-mail cgardner@fandpnet.com).
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