Missouri Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Missouri
June 11, 2015 By Stange Law Firm, PC
Drafting settlement and separation agreements is an important part of any family law practice because only fifteen-percent of divorce cases eventually go to trial.
Discouraging Adoption Fraud and Misrepresentation / Duty to Report Abuse and Guarding of Confidentiality
Especially in the case of adoption, the Code specifically requires an attorney to actively discourage adoption fraud or misrepresentation and prohibits the attorney from engaging in such conduct.
Both Codes require that an attorney enter into a written fee agreement with a client and requires the attorney to carefully explain and ensure that the client understands the fee agreement. The fees collected by an attorney with respect to an adoption or surrogacy cannot be illegal or unconscionable and must be commensurate with the services provided.
Adoptions and Surrogacy Agreements raise substantial ethical considerations. Particularly in the case of Surrogacy Agreements, the parties are essentially contracting with one another for the use of another woman’s uterus.
May 2, 2015 By Stange Law Firm, PC
Social networking sites vary on their ease of use in terms of acquiring discovery. It is important to know the varying nuances if social network evidence is important to your divorce or family law matter.
March 24, 2015 By Law Office of James M. Hoffmann
If your workers' compensation case is in dispute, your case may need to resolved through a workers' compensation trial.
March 3, 2015 By Sansone & Lauber
No one sets sail on a vacation cruise expecting to sustain a serious injury or illness. But passengers who do require medical treatment expect that the care they receive will be delivered according to the recognized standard of care. When they are harmed by medical negligence, they may have available the legal right to hold those responsible accountable.
February 5, 2015 By Stange Law Firm, PC
Part of handling stress deals with the selection of the cases a lawyer takes. Lawyers should be cautious of taking cases from extremely difficult and unreasonable clients. These kinds of clients can raise stress and make the practice of law unenjoyable. Where it can be done ethically, in some cases, an attorney may wish to disengage or withdraw from cases where the client is completely unreasonable. These clients can also tend to seek conflict versus trying to quell the fires.
November 18, 2014 By Stange Law Firm, PC
it is vital that any attorney drafting a prenuptial agreement know about unlawful provisions. Otherwise, a client may later be unhappy if provisions of a premarital agreement, or an entire premarital agreement, is later deemed to be invalid because of the inclusion of unlawful provisions. In addition to the information provided in this article regarding unlawful provisions, any attorney should be careful that they are complying with the laws in their specific jurisdiction.
November 8, 2014 By Stange Law Firm, PC
Family Limited Partnerships can present unique challenges in divorce litigation relative to the division of property and debt. It is vital to understand the key components, their structure and various valuation methods in order to effectively represent a client where a Family Limited Partnership is part of divorce proceedings.
October 4, 2014 By Stange Law Firm, PC
Knowing the rules of evidence in your particular state is vital to getting social media admitted into evidence. Cross-examination is often a time where you get much of the information admitted. This is accomplished through showing them the information on their page to verify that the data contained on their page is authentic.
September 8, 2014 By Stange Law Firm, PC
Obviously in litigation, you cannot just lean over the poker table and take a look at their hand, but how do you let someone know that you need to see what they have? You are required to give the party notice that you need to look.
September 6, 2014 By Stange Law Firm, PC
With electronic discovery, remember that you are still bound by the Rules of Professional Conduct in your state. However, some have proposed the EDRM Model Code of Conduct to deal specifically with e-discovery. The Model Code of Conduct (MCoC) sets forth aspirational guidelines intended to serve as a basis for ethical decision making by all participants in the electronic discovery process.
August 31, 2014 By Stange Law Firm, PC
The disclosure of student records can be important an issue in litigation, including cases involving students and educational matters, child custody and support cases and other areas of civil litigation.
August 9, 2014 By Stange Law Firm, PC
In 2010, Steve Nash, a basketball player for the Los Angeles Lakers, filed for dissolution of his marriage to Alejandra Nash. Nash v. Nash, 307 P.3d 40 (Az. Ct. App. 2013). The parties were able to the resolve custody and parenting time with their two young children through a joint agreement, but the matter went to trial on the issue of child support. On the day the trial court issued its decree, Mrs. Nash “tweeted” several disparaging remarks pertaining to Mr. Nash.
July 14, 2014 By Stange Law Firm, PC
Parties often question the necessity of a deposition in a contested family law case. Versus allowing their attorney to take a necessary deposition, parties often dismiss the idea as a cost savings move or in the blind hope that their case will settle. This is a common mistake for parties who will undergo a trial or contested hearing in their family law matter.
Parties going through a divorce often have the viewpoint that it is helpful to be aggressive, confrontational and hostile in their family law case. By being a bully, or acting angry, they wrongly conclude that this will lend to a positive result in their family law case.
More and more couples are racking up excessive amounts of debt. To make matters worse, some debt, especially credit card debt, is hidden from the other spouse. Some blame this phenomenon on the fact that more marriages consist of two-income couples. Each spouse may find it difficult to relinquish control of his or her own money. But when divorce is on the horizon, how is this debt ultimately divided?
A growing number of people are divorcing late in life. No matter what the reason it is imperative to protect your financial security throughout and after the divorce process. You have accumulated a lot of things during the marriage—now is the time to retain as many as possible. There are savings and investment accounts, real estate and other personal and in some cases business assets to consider. An estate plan must be updated, health and other insurance replaced and the list goes on.
The “best interests” of the child is the family law gold standard used to determine child custody, adoption, guardianship, and visitation rights among other issues. This also is the benchmark for modifying custody and support issues post-divorce. True, it is a subjective, discretionary test that evaluates factors that affect the welfare and interests of the child, but its importance is paramount as a tool for determining child custody in Missouri.
Chronic illness is the leading cause of death and disability in the United States. Experts say it also increases the risk of divorce from the 40-50% norm to as much as 75%. Given the relationship between chronic diseases and conditions—such as diabetes, heart disease, cancer, stroke, immune conditions, arthritis, etc.—and divorce, it becomes prudent to plan what steps to take if one should become seriously ill. This is especially true for older married couples.
This is for the single mothers out there who never thought they could make it through their divorce and did. Divorce is draining, both emotionally and physically. You know you’ve made the right decision because it was more painful to be in a dysfunctional marriage.
Injured employees, including those with hearing loss, are entitled to benefits under workers' compensation.
Divorce is never easy and if you think you will never have to deal with your ex after the divorce; think again if you share children. When divorced couples share children, there is no end to their relationship. This can make moving on rather difficult because not only do you have to deal with the ex, you now have to often deal with all the aspects of him or her that you tried to divorce.
For a lot of men, a wife’s request for a divorce drops like a bomb. It is usually the first sign of trouble in the marriage for many men, usually hitting them out of the blue. The fact of the matter is that these men don’t recognize the signs. Say for example, a wife continuously snipes at everything her husband does, but he never stops to ask why she is always angry.
Tips for adult children who suffer grief and anguish after the divorce of their parents.
Divorce an affect men in a unique manner. Here are some of the challenges for men who are facing divorce.
The decision on when to settle a family law case is a difficult one. This article suggests that the time in most circumstances to settle is when a settlement offer is within the margin of error.
This article talks about an important U.S. Supreme Court decision issued in the case of U.S. v. Castleman, 12-1371. This was a unanimous opinion dealing with the ability of an individual convicted of domestic violence to possess a firearm.
The vast majority of clients who have a family law matter would like to reach a reasonable settlement. The question is how do they get there when a case cannot settle from the very beginning. This article addresses how preparation is the best way to achieve settlement in a case that does not initially settle.
Parties to a divorce almost universally want to settle their case in a general sense. However, even when both want to settle, parties often have a difficult time coming to a concrete settlement once they get into specific terms. This article addresses the problems many parties face in trying to settle a divorce.
Choosing an attorney can be a stressful and difficult decision. How can you be sure attorney is the right one for your needs? In terms of case itself, how much is the case going to cost? What is fair and reasonable to expect? The issue of cost is one of the most common questions people on the cusp of a divorce ask.
If you are like most out there, you have neither planned, wanted or prepared for a divorce. Lack of information about the divorce process, combined with the emotional angst your are experiencing, could cause you to make improper decisions that can have negative repercussions for years to come.
In a perfect world, all workman’s compensation claims would be honored without scrutiny. Employees would be honest about the cause and extent of their injuries, and employers would willingly pay for all of the medical care necessary for their injured worker to recover. Despite its being a no-fault insurance, many claims are denied by employers and/or their insurance carriers.
The birth of baby is usually a joyous occasion for expectant parents and their families. Since pregnancy and childbirth are a normal physiological process, the woman usually goes through the 9 month pregnancy expecting everything to be perfect at the end.
By definition, personal injury law involves any injury that is the direct result of another person’s failure to exhibit reasonable care.
It is common practice for an injured party to file a claim with the trucking company when involved in a collision with a commercial vehicle. The driver of the truck was most likely working at the time, and his employer, the trucking company, is responsible for ensuring that he followed the laws and drove safely.
Law of negligence determines who is responsible for a car accident. Sometimes it is clear, sometimes it is shared and in some instances it can be complicated if one of the drivers is utilizing a company owned vehicle.
Driving a motorcycle can be dangerous and requires safe driving habits. Equally important is knowing how to drive a motorcycle safely when carrying a passenger.
Obtaining compensation seems pretty straight forward in many personal injury cases. In others, you may wonder if you should even bother filing a lawsuit. Not matter what the cause of your injury, an attorney can help you determine what your legal options are for seeking compensation.
When a devastating accident occurs you can be sure that trucking companies will have lawyers on their side fighting for them. It is important that you gain more than equal footing by having an experienced truck accident attorney working to protect your best interests as well.
Being involved in a Miss and Run accident does not mean that obtaining compensation is impossible. There are some important steps you should take to protect your claim, including contacting a car accident lawyer who has a proven track record of getting results.
The majority of car accidents are the result of a driver being careless or reckless. Yet in some instances human error may have been caused by a roadway or intersection that was designed poorly. In such situations the only course of action may be to sue the government entity that is responsible for the roadway.
No reasonable person ever wants to find themselves in a hospital emergency room. If you find yourself there, chances are you have been seriously injured or are gravely ill and in a lot of pain. An emergency room tends to be overloaded with patients and understaffed. This type of stressful atmosphere can often time lead to mistakes.
Service of process must be done accurately and according to the rules of each jurisdiction. Generally, three methods of process are permitted: personal service, substituted service, and service by publication. Personal service, or hand delivery, is always preferred as it is seen to be most accurate. Substituted service is allowed when the defendant is unable to be contacted in-person. Service by publication is only used as a last resort, as it is quite unreliable.
A gall bladder attack can come on without any warning. Pains on your right side radiate to your back. The pain becomes more than you can bear, so you go to the nearest emergency room and seek medical help. A few quick tests are performed and it is determined that your gall bladder is the offending organ and it needs to be removed. The surgeon assures you that this is a common procedure and you will be just fine afterwards.
An occupational disease is one that has been contracted as a direct result of a persons employment.
Drunk driving is a serious offense that should come with strict consequences. An accident involving a driver who is impaired by alcohol or drugs often results in serious injury or death.
On August 29, an accident in Topeka caused two cars to break free from the hauler that was transporting them and fall from the overpass.
There are many auto accidents in the state of Missouri every year. Because Missouri is located in the middle of the country, truck drivers’ driving routes regularly have them traveling through the state. It makes sense then that because Missouri highways are so highly trafficked, there will be a fair amount of traffic accidents and that many of those accidents will involve semi trucks.