Avoiding Burnout and Liability: Smart Delegation Tips for Kansas City Business Owners
Smart legal delegation helps Kansas City business owners reduce liability and avoid burnout. MSB Law helps you protect your time and your ventures.
Smart legal delegation helps Kansas City business owners reduce liability and avoid burnout. MSB Law helps you protect your time and your ventures.
Discover how a fractional general counsel provides cost-effective legal support for growing businesses. Learn the benefits of part-time counsel.
Navigate business succession with confidence. Learn the key stages every incoming owner should follow for a smooth, strategic transition.
Drunk drivers threaten the safety of everyone on roads and highways. As the holiday season approaches, the chances of being involved in an alcohol-related crash increase as binge drinking occurs more frequently. Families suffer greatly when a person is hit by a drunk driver, and we see this story play out thousands of times every year. If you or a loved one suffered injuries at the hands of an intoxicated driver, you may be able to file a claim against the liable party and seek compensation for your injuries and damages. Damages from Being Hit by a Drunk Driver Those involved in drunk driving crashes may suffer life-altering injuries such as broken bones, traumatic brain injuries, spinal injuries, neck injuries, lacerations, and paralysis. These injuries come with expensive medical bills and victims will need to take time off of work to recover. Additionally, victims of drunk drivers usually have harms and losses that are far greater than the medical bills and lost wages. In some cases, we may be able to recover punitive damages from the drunk driver. An auto body shop will analyze the damage to your vehicle and give you a written estimate of what it will cost to repair it. If the repairs exceed the value of your car, the vehicle might be considered a total loss. Who Is Responsible for Paying these Damages? You could suffer long-term health issues and financial losses due to an accident with a drunk driver. A personal injury claim can help you compensate for these losses. When a driver gets behind the wheel after drinking, they are violating the law and acting negligently. Damages are the responsibility of the at-fault driver and their insurance company. Damages may also be the fault of the restaurant or bar that over-served the drunk driver. In Missouri, the law will hold a restaurant or bar responsible for damages caused by a drunk driver if they continued to serve alcohol to the driver after he or she was visibly intoxicated. Proving the bar’s knowledge of the condition of their customer requires prompt, aggressive investigative work. If you think a bar or restaurant may bear responsibility for the driver’s intoxication, contact one of our attorneys as soon as possible so that we can begin the process of locating and preserving evidence. What to Do if You Get in an Accident with a Drunk Driver A personal injury attorney can assist you when you have been injured in a drunk driving accident. Your lawyer will gather all your medical records to determine the extent of your injuries. An accident involving a drunk driver typically results in medical expenses, lost wages, future medical expenses, and property damage. Our Overland Park personal injury attorneys at Morefield Speicher Bachman are committed to obtaining maximum compensation for our clients. We guide clients through the challenging process of a car accident and maintain a close line of communication with them throughout. In the event you or a loved one has been seriously injured in a drunk driving accident, call (913) 839 2808 for a free and confidential case evaluation.
Buying or selling a business is a complex venture that requires buyers and sellers to adhere to specific legal processes, and necessitates careful planning. Sales agreements are legal documents that outline the terms and conditions associated with the transaction and enable a meaningful evaluation of all company assets and liabilities. The type of sales agreement you use will depend on the reason for the sale, the timing of the sale, the performance of the business, and its structure. The following are some of the most commonly used sales agreements for buying and selling businesses. Asset Purchase Agreement An asset purchase agreement (APA), also known as an asset sale agreement or business purchase agreement, is a written document that formalizes the sale of the significant business assets of a business. It outlines the structure of the agreement, price, exclusions, and warranties. There are many types of assets that can be purchased, including: Equipment Licenses Intellectual property Real estate properties In an asset purchase agreement, the buyer agrees to purchase certain assets from a company but the selling entity retains liabilities, and retains the ownership of the corporate entity selling the assets. This often leads to the selling entity thereafter going through a “wind down” or “dissolution” to cease operations and close the business. It can be advantageous for buyers and sellers to enter into an APA when they want flexibility in the transaction. Furthermore, an APA may be part of a more significant transaction, such as a merger or acquisition. Share Purchase Agreement A share purchase agreement transfers ownership of shares (also called stocks) in a company from a seller to a buyer. A share (or stock) is a unit of ownership in a corporation (xxx, Inc.) that is divided up among shareholders and includes an ownership interest in the profits and losses of the corporate entity. A share purchase agreement generally includes information about: Who is selling the shares Who is buying the shares Number of shares being sold and their value The type and class of the shares being sold Company the shares are being transferred from Payment details, such as the amount of the down payment and the date of closing A share purchase agreement can be used to sell shares from one shareholder to another shareholder in the same company, or to an outsider who wants to join the ownership of a company. It is important to review the Shareholder Agreement or the Articles of Incorporation regarding and rules or restrictions on selling shares. Membership Sales Agreement Members of a limited liability company (LLC) can buy or sell their interest in the LLC (and thus their interest in the LLC’s assets and liabilities) using a membership sales agreement. Sale of interest in an LLC can happen between current co-members of the LLC, or to an outsider who wants to join the LLC. Sometimes membership sales are required if a member is forcibly removed from the LLC. An LLC membership purchase agreement can be used for any transaction involving the exchange of money for the surrender of LLC interests. An LLC’s articles of organization, certificates of formation, or other founding documents describing ownership, organization, and voting rights may need to be amended if the LLC has been in operation for a while. A membership sales agreement specifies how much of the seller’s interest is being transferred, the purchase price, how and when money will be transferred, the closing date of the sale, and whether consent is required from other LLC members. Our Business Attorneys Can Help with the Sale or Purchase of a Business No matter how confident you are in the valuation and conditions of a sale, you should not attempt to buy or sell a business on your own. Selling or buying assets or an interest in a business can have significant tax and estate planning ramifications. When so much is at stake, it is always wise to enlist the help of legal professionals. An experienced business attorney can protect your best interests throughout the transaction. At Morefield Speicher Bachman, LC, our business law attorneys pride themselves on helping businesses efficiently achieve their goals and resolve disputes. If you have questions or need guidance on buying or selling a business, call (913) 839 2808 today to speak with one of our business law and litigation attorneys.
When you have been injured or when you are involved in a dispute about money, there can be a tendency to rush the decision to sue. It’s important to remember that the money you recover in a lawsuit comes at a cost, such as lawsuit filing fees, attorney’s fees, and the time and trouble it takes to go to court. Lawsuits are about more than money, though. They are about justice. That’s why it’s important to consider everything you might gain or lose by filing suit, including the opportunity to right a wrong. Below are a few things to consider before you file a lawsuit against a company or person. Suing on Principle The purpose of civil lawsuits is to allow you to obtain justice for a wrong you suffered. When someone violates important principles such as honesty, carefulness or fairness and causes you a personal or financial injury, a lawsuit is one way to balance the scales of justice. You may be tempted to sue even if the goal of litigation is something other than money. If a person or company has wronged you, the “principle” of pursuing justice and righting this wrong may be your ultimate goal even if the lawsuit does not directly or immediately improve your financial condition. When your primary motivator is the principle, rather than the money, you need to evaluate with your attorney whether the cost of litigation is worth it to you. In some cases, a strategic lawsuit can be used to send a message that you or your company will not tolerate certain types of misconduct. If there is a risk that others will harm you in the same way in the future, a lawsuit may be a sensible way to protect you or your company. But, litigation is expensive. As the proverb says, “You should count the cost before you build the house.” Make sure that filing suit over principle is something you can afford and that the time, expense, and aggravation are worth what you hope to gain. Remember that there may be other ways you can address the problem. In many cases, your lawyer can negotiate a settlement with the other sides. While the wrong you suffered may be deeply upsetting and you feel as though a lawsuit is the answer, you should consider the burden of a lawsuit on your personal life. Lawsuits are expensive in terms of time and dollars. Lawsuits can be emotionally draining as well. You may find that a lawsuit interferes with the time you have for your work, business, family, and social life. There will be paperwork to complete, court hearings to attend, and orders provided by the judge to follow. And, there may be a loss of privacy as the other party investigates your claims. But, the justice you receive may well be worth the cost. We can help you consider the pros and cons of filing a lawsuit. Suing for Principal (“the money”) In a civil lawsuit, you can recover money damages. In some cases you can get a court order enjoining the other party from acting in certain ways. Lawsuits are a tremendous tool for resolving disputes, but they are expensive. Before filing a lawsuit, it is important to have a frank discussion with your attorney about whether a lawsuit is likely to improve your financial condition or cost you more than you recover. You also will want to evaluate whether the defendant has the ability to pay any judgment you obtain. Fortunately, many cases settle before trial – well over 90% settle in the United States. It is always important to balance cost and benefit and to consider the “principal” and the “principles” involved. This is one reason that we handle many lawsuits on a contingency fee basis. When you hire an attorney on a contingency fee, you only pay attorneys fees if your attorneys recover money for you. The attorneys charge a fee that is a percentage of the money they recover for you. Typically you will also be responsible for the case costs. Contingency fees can make it feasible for you to bring a lawsuit without risking your financial well-being. In Conclusion… Before rushing to file a lawsuit, it is important to consider all of the options for solving your legal problem. It may be possible to negotiate a mutually beneficial compromise directly with the other party. Another option is to hire a mediator. This neutral third party will help you and your opponent evaluate your goals and options in order to come up with a solution that works for everyone. You may also be able to submit your dispute to binding arbitration. Our team at Morefield Speicher Bachman will ensure you understand the financial and personal cost of all of your options. Our goal is to help you solve your legal issues in the manner that best fits your needs and your situation.
Generally speaking, all attorneys graduate law school with a similar “legal” education. However, in practice, each attorney holds a very different hand of cards based on their legal experience, life experience, and continued education. Experience matters. Unlike many professions, lawyers are not required to declare a specialty. However, not all lawyers are equally qualified to handle all legal issues. What a lawyer learns in law school is a fraction of what the lawyer needs to know to be effective in the courtroom, to be effective in negotiating settlements, and to be effective in analyzing different legal issues. A lawyer who tries to practice in too many areas of the law may end up being a “jack of all trades and master of none.” At Morefield Speicher Bachman, LC, our lawyers focus their legal practices in the legal areas where they have the experience and ability to excel. Rick Morefield focuses his practice on serious injury and wrongful death litigation, business litigation, and mediation services. Andrew Speicher focuses his practice on small business law. Stan Bachman focuses his practice on construction law and business litigation. Our attorneys focus on a few areas of law because that allows them to maximize their effectiveness to their clients. Without experience, and the right kind of experience, the justice system can be incredibly difficult to navigate. If you put your trust in an inexperienced attorney or one who tries to do too many things, it could end up backfiring, leaving you worse off than before you sought counsel. In order to get a fair and just outcome for your case, you need a lawyer who has the respect of the lawyers on the other side. If the other side knows that your lawyer is inexperienced, it will be less likely that you will get the outcome you deserve. You need a lawyer with experience, not one with a large advertising budget. Sometimes, even when you have a skilled and experienced lawyer, the other side will still not offer a fair settlement. When that happens, you need a lawyer who has experience going to trial. There are many complexities and nuances involved in a trial and an inexperienced lawyer can jeopardize your ability to get justice. Although hiring a skilled, experienced lawyer doesn’t guarantee you will win at trial, you need a skilled, experienced trial lawyer if you want to maximize your chances of winning. Your lawyer must know how to pick a jury, how to craft jury instructions, how to persuade a judge and jury, and how to use the complexities of the rules of evidence to get your evidence in front of the jury. Modern trials also require your lawyers to have a strong understanding of the technology necessary to present evidence persuasively to a jury. The lawyers at MSB Law have those skills. One of our lawyers has been invited to teach other lawyers how to try cases at the TIPS/ABOTA National Trial Academy held annually at the National Judicial College in Reno, Nevada. Building a Strong Case on Your Behalf To build the strongest possible case on your behalf, you’ll need a lawyer who has the skills and resources necessary to investigate the situation, gather critical evidence, examine records, and review contracts. For example, a lawyer hired to help a client pursue a personal injury claim will need to be aware of all aspects of the injury-related incident. If the claim isn’t handled properly, you could lose out on compensation you desperately need for medical bills, lost wages, and recovery. Your lawyer will need to understand how to persuasively prove the other party is at fault and the amount of your damages. Your lawyer will also need to understand liability insurance, health insurance, liens from insurers and medical providers, and other issues that can have an enormous impact on how much money you are able to recover. An experienced lawyer will collect all possible evidence to build a strong case that puts you in a position of power to negotiate with insurance companies and the other side’s lawyers. Making the Most of Your Time and Money Expertise in a specific area of law is much more valuable than mediocrity in many different areas. Sometimes a well-meaning attorney will step outside his or her areas of expertise in the hope of landing a new client. The attorney’s inexperience can cost a client both time and money. Muddling through an unfamiliar system of processes can lead to missed deadlines and court dates, the filing of incorrect documents, and potentially costly legal proceedings. An experienced attorney will make the most of your time and money as they will know the correct procedures to accomplish your legal goals. We often accept referrals from other attorneys who are skilled in different areas of law. We also refer clients to other skilled attorneys when a client needs help that is outside our areas of expertise. What is best for the client always comes first. Negotiating a Fair Settlement or Taking Your Case to Trial The majority of cases are settled long before they ever enter a courtroom. Even so, you should hire an attorney with experience negotiating fair settlements and winning court cases. Not all cases can be settled, and when this option is not available, you need someone who knows how to fight. In some cases you will be dealing with serious physical, emotional, and financial hardships and the last thing you want to worry about is your attorney struggling during the trial process. However, knowing your lawyer has extensive trial experience can help you feel comfortable knowing they fully comprehend the process. The insurance companies and other lawyers know which lawyers are willing and able to try a case when necessary. Our lawyers have experience negotiating settlements and trying cases in the courtroom. Knowing to Expect the Unexpected When it comes to succeeding in jury trials, it’s important for attorneys to have the skill and experience needed to forecast how people are going to view
A limited liability company (LLC) is a powerful legal entity model that you can use to protect yourself and your new business. Forming an LLC with the help of an experienced business attorney can give you peace of mind that your personal and business interests are protected from liability. Our team at Morefield Speicher & Bachman, LC handles all aspects of business organizational filings, including checking the availability of a company name, filing articles of organization, providing documentation for compliance and creating operating agreements. Our services will help you save time while giving you professional guidance to guarantee that your filings are prepared correctly. What Is an LLC? For many new business owners, forming an LLC is the best business entity choice. LLCs are simple and flexible legal entity organizations, and they allow you to run your business as an individual, in conjunction with other “members,” or by a manager. LLCs possess the limited liability and asset protection of a corporation with the management flexibility of a partnership. How an Attorney Can Help With LLC Formation It is possible for business owners to form an LLC on their own, but in most cases you will benefit from a lawyer’s assistance if you have more complex questions about what business entity is right for you. Consult Our Business Attorneys For LLC Guidance At Morefield Speicher & Bachman, LC, our partners have over 60 years of combined experience in helping clients create plans that meet their needs and protect their interests. In order to receive the full benefits that LLCs can provide, there are many steps you must take. Our attorneys will guide you through these steps and help you avoid potential disputes in the future. Call (913) 839 2808 to learn more about how we can help with your business law and litigation matters.
At the Morefield Speicher Bachman, our personal injury lawyers represent people that have been injured in incidents including: Car accidents Motorcycle accidents Truck accidents Drunk driving accidents Defective products Slip and fall Brain injury Wrongful death Like many legal endeavors, the process of filing and settling a personal injury claim can feel like a continuous “hurry up and wait.” Many people wonder, how long does a personal injury case take to settle? Location Matters In Personal Injury Cases The length of time a personal injury case takes to settle can depend on the state and location in which it is litigated. For example, getting to the trial phase of a personal injury case usually takes less time in rural Missouri than in large cities such as Kansas City. COVID has also had a significant impact on getting to trial as courts have periodically put trials on hold when the rate of infections is high. So How Long Do Personal Injury Settlements Take? To answer the question, “How long does a personal injury case take”, the short answer is anywhere between a few months and a few years. As a general rule, the more complicated your case, the longer it will take to resolve. That’s because there will be more witnesses, more doctors, more documents, and more complicated legal issues. If your case goes to trial, that usually takes longer than if it settles. How long an injury case takes to resolve is sometimes determined by the financial circumstances of the client. When a client needs immediate financial relief, he or she may want to reach a quick settlement before the litigation would otherwise end. Unfortunately, the COVID pandemic has delayed many jury trials. When we work with you, we do our best to expedite the process while also ensuring that we maximize your recovery. There are many elements involved in resolving a case that are not in our control. For example, the courts control their trial docket, opposing counsel may cause delays, and there may be delays related to gathering medical records that are the result of the medical provider’s procedures. We do everything we can to make the process move efficiently, but we can’t control many of the factors that can delay your case. Aim For The Best Results, Not The Quickest Our legal team prioritizes getting you the best results. We want to resolve your case as quickly as possible, but we know it’s important to get you the maximum possible settlement to cover the damages of your injuries, lost wages, pain and suffering, and future medical expenses. This can require more time than accepting a quick settlement. As a rule, we’d rather get you a better result. However, if a quicker result is more important to you than maximum recovery due to your life circumstances, just let us know. We will base our strategy on what is best for you. Our Personal Injury Lawyers Can Take Your Case To Trial When cases do not settle, we have the experience and skill to take your case to trial. Personal injury trials can last one day, a week, or even a month or longer. Contact Us Today For A Free Consultation Our Overland Park personal injury lawyers serve Kansas City and surrounding areas and have represented hundreds of clients in matters involving car, truck, and motorcycle accidents, defective products, premise liability, and other claims. Contact us today to schedule a free consultation at (913) 839 2808.
Non-compete clauses and agreements have been around for nearly 600 years. So why are they now on the verge of being eradicated and what does it mean for the future of business? Our business lawyers are here to offer an overview of this changing landscape. Background The original purpose of non-compete agreements was to protect employers from unfair competition by former employees. Employees often gain intimate knowledge about how their employer’s business operates, and are therefore in a position to take customers, clients, trade secrets, or other employees to competing with companies. What started as a “shield” to protect employers, has sometimes been used as a “sword” used to prevent workers from leaving for greener pastures. In recent months, President Biden has signed over 70 Executive Orders that focus on non-compete agreements in a variety of industries such as Banking and Finance, Technology, Labor Markets, Healthcare, Agriculture, Internet Service, and Transportation. These Executive Orders do not apply to pre-existing non-compete clauses and agreements. However, these orders favoring employees serve as a benchmark and direction for the Biden administration; and one to keep an eye on for businesses. What does Kansas and Missouri law say about non-compete agreements? Our business lawyers serve clients in both Kansas and Missouri. Our team has insight into both states’ laws. While the executive orders from the new administration limit non-compete agreements on a broader scale, Kansas and Missouri state law each have their laws that affect non-compete agreements. In Kansas, non-compete agreements are only enforceable if “terms are reasonable and necessary to protect a legitimate business interest of the employer such as customer relations or trade secrets.” In essence, an employee can compete with a former employer, but an employer can use a non-compete agreement to prevent former employees from poaching clients or using specific trade secrets from their former employer to further their business interests. Missouri state law requires that non-compete agreements meet specific criteria before enforcement. Missouri has typically restricted enforcement of non-competes to situations involving trade secrets and customer contacts and relationships. However, a new bill, introduced in March of 2021 (HCS HB 1202 – a.k.a. The Right-to-Start-Bill) would negate all-new non-compete agreements “if an employee or prospective employee receives seventy-five thousand dollars or less in income from such employers or prospective employers.” This means that highly compensated employees could be subject to enforcement if they have signed a non-compete agreement, but employees earning seventy-five thousand dollars or less in income would be exempt from enforcement. The Right-to-Start Bill has not been signed into law at this time. There are unclear elements of the new bill. While we assume the new bill intends to protect employees who earn less than seventy-five thousand dollars per year, that is not precisely what the bill states. The bill could be interpreted to protect only employees who have earned less than seventy-five thousand dollars from the employer during their entire time of employment. The argument could be made that an employee who worked for four years at twenty thousand dollars per year would not be eligible for the protection of the bill. Employers must remain knowledgeable about changing laws and regulations that will affect their businesses, and keep these issues in mind when asking employees to sign a non-compete agreement. Our business lawyers have the skill and experience to guide companies through these ever-evolving regulations. Consult with Our Overland Park Business Lawyers Our partners at Morefield Speicher & Bachman, LC have over 60 years of combined experience helping clients minimize exposure and potential catastrophe. With any concern regarding non-compete clauses or general business matters, contact Morefield Speicher & Bachman, LC at (913) 839-2808.