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Experience Matters—The Importance of Choosing a Seasoned Lawyer

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

How a Lawyer Can Help You Form an LLC

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.    

How Long Does A Personal Injury Case Take To Settle?

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.

Ban on Non-Compete Agreements – What It Means For Your Business

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.

college student driver

Driving Tips for College Students

Saying goodbye to your college-aged child as they leave for their college campus in their car filled with all of their belongings is something that many of us are doing right now.  Last year, many of us weren’t able to do this, as the pandemic forced most college students to spend a year of their college experience learning remotely. This is one of the riskiest times for your child  According to national statistics, over 20% of fatal car accidents each year are by drivers aged 18 to 22, and over 500,000 received serious injuries in motor vehicle crashes. Why are college students more prone to car accidents than other age groups? There are a few factors that put undergrads at a higher danger for car accident crashes. Fortunately, knowing the risks can help these drivers avoid some of the common pitfalls.        1. Moving to a New City Many undergraduates move out of town to new cities and states for school. Not only are they far away from your supervision and guidance, but they are unfamiliar with the street markings, traffic patterns, different signage, and common roadside hazards. Navigating through a new city is difficult for drivers of any age, but even more so to a younger age group who rely heavily on directions from iPhones and other digital devices. Safety Advice: Make sure that your young driver adds extra time to allow themselves to familiarize themselves with their new city or town. Advise them to drive around when they are not in a rush to better familiarize themselves with traffic flow, commuting times, and best routes to common places that they are going to drive to regularly, such as local restaurants, training fields, parks, and laundromats. Advise them to review GPS and smartphone maps before starting their drive.       2. Lack of Extensive Driving Experience  Naturally, younger drivers have less experience and they are at a higher risk of being involved in accidents – even at home. When college students add the complication of living in a new city, they find themselves driving in more complex driving situations like multi-lane interstates, one-way systems, or multiple lanes merging simultaneously. They do not know the roads and they do not have the experience to know how to drive defensively and reduce the risk of an accident. Safety Advice: Practice makes perfect.  As hard as it may be, find the opportunity to co-pilot with your college-age driver and introduce them to different types of driving conditions before sending them off to drive alone in an unfamiliar and likely urban setting. The more they practice driving, the better drivers they will become.        3. Exposure to a Party Environment and Campus Unfortunately, college campuses across the country are renowned for their party atmosphere.  It is critically important that parents and other key influencers reinforce the importance of not drinking and driving.  Nationwide, the highest percentage of drunk drivers that are cited are in the 21-24 age group despite the many commercials and other informative material flooding the airwaves during back-to-school months. Safety Advice: Reinforce the importance of safely using ride-sharing applications, such as Uber or Lyft, as well as having a designated driver rule. Many college campuses offer bus or shuttle transportation, and it is important that your child knows their options. Many parents have an unconditional promise – call me anytime 24/7 and I will help you find a way to get home.        4. Call Our Overland Park Car Accident Lawyers One of the best safety features for your peace of mind is to make sure that your college student knows who to call in the case of an accident.  No doubt the first call will be to you, but the second call while still at the scene of the accident should be to a trusted car accident lawyer. At Morefield Speicher Bachman, LC, we have decades serving Kansas City and Missouri car accident victims with their needs. We take pride in our ability to be able to work with our clients to help them navigate a difficult situation. We take pride in our personalized service to each and every one of our clients. Our focus is on helping our clients get back what they lost and we will fight aggressively to ensure that they receive the compensation they deserve. If you have been injured in an accident, fill out a contact form or call us at (913) 839-2808. The earlier we get involved, the better the likely outcome of your case.

2020 Super Lawyers – Rick Morefield, Stan Bachman, Andrew Speicher

Morefield Speicher Bachman’s founding members Rick Morefield, Stan Bachman and Andrew Speicher were once again named to Super Lawyers’ Annual List of Top Attorneys in Kansas and Missouri for 2020. Rick and Andrew earned Super Lawyer distinction in the area of personal injury. Stan was honored in the area of construction law. Rick has been named to the SuperLawyers list every year since its inception in 2005. Our law firm is proud to have been recognized again by Super Lawyers and is thankful for this honor. The selection process for the top attorneys begins with nominations by other lawyers and judges. From there, nominated attorneys are evaluated by independent research in 12 key categories followed by panel review. Only 5% of attorneys in Missouri and Kansas receive the Super Lawyers designation. Congratulations Rick, Andrew, and Stan!

Road accident with smashed cars.

Defensive Driving May Not Be Enough

If you have been in a Missouri or Kansas car accident, you are likely injured, upset, and unsure of what to do next. You never expect to be involved in a car accident and it is overwhelming when you are involved in an accident. Even if you are a safe and cautious driver, you cannot control how other drivers on the road are going to behave.  It is important to drive defensively and always be aware of your surroundings. This will help to prevent an accident, or at least reduce the damage if an accident occurs. Many car accidents that occur can be prevented if drivers focus on the task of driving and remove distractions. But, even if you drive as safely as possible, other drivers may not.   What to Do After A Car Accident Regardless of how safe and defensively you may be driving, accidents still happen. Immediately after a car accident, you may be scared and unsure of what to do next. You are likely not thinking about the steps that you need to take in order to safely and efficiently assess the situation and gather information that you need. Below are some necessary steps to take after you have been involved in an accident: Call law enforcement – even if the other driver doesn’t want to Exchange contact information with all parties involved Get the insurance information of all parties involved Take several pictures of the accident scene and vehicles involved Document the time, place, and surrounding circumstances (What was the weather? What were the road conditions?) Get the names and contact information of any witnesses Be sure to follow up and get checked medically Contact your motor vehicle accident attorney to pursue next steps Once you have contacted your car accident attorney, they will be able to gather information and advise you on the proper next steps. The benefit of having a car accident attorney working with you after an accident is that they will be able to ensure that you will receive the proper compensation that you deserve and they can help you avoid mistakes that could reduce the value of your claim. What Kind of Compensation Can I Receive? Being in a car wreck can be catastrophic physically, financially and emotionally. You may have sky high medical bills, a damaged or totaled car, and you may be unable to work and provide for your family. The stress and mental anguish of your circumstances can be significant. It is important that you understand that if your injuries were caused by the negligence of another party, you are entitled to compensation for your losses. Medical Expenses: You could be entitled to reimbursement of your present and future medical bills. Lost Income: If you are unable to work because of your injuries, you could be entitled to compensation for your missed time at work. Pain and Suffering: If you have suffered pain, suffering or other losses as a result of your injuries, you could be entitled to compensation for those harms and losses. Punitive Damages: If the other driver was intoxicated or reckless, you may be entitled to additional money in the form of punitive damages. We Are Here to Help You  The experienced lawyers at Morefield, Speicher, Bachman Law have been helping car wreck victims for decades. They have collected millions of dollars in compensation for their clients who have been victims of another’s negligence. Our legal team cares about our clients and works hard to ensure that they are properly cared for. Contact us for help.

Delivery Service

An Increased Demand in Delivery Truck Drivers Leads to Safety Concerns

As you may have experienced, COVID-19 has put increased pressure on the delivery service industry. With most of the population following stay at home orders or minimizing unnecessary travel, people have increased their online ordering and delivery of food and products. Many businesses are experiencing delivery delays due to this COVID-related demand and have to explore how to improve delivery timing. Some businesses that did not offer a delivery service before the coronavirus have been forced to add a delivery option in an effort to remain open and retain business.  Before COVID-19, local businesses distinguished themselves through the value of their products and services. In-person service was the most utilized service option, with some small businesses offering delivery as an additional service. During the coronavirus pandemic, many small and local businesses have developed a competitive edge by implementing a delivery service so that they do not fall behind. They have been forced to use another company’s technology platform for placing orders online and/or hiring a delivery service. As the need for delivery services has increased, it may have compromised the integrity of some delivery services. As more deliveries are being placed, it has left companies short staffed. This has forced delivery services to explore how to expand their teams to accommodate an increase in delivery demand. One FedEx driver compared everyday to a holiday, claiming they are working harder than ever, with limited vacation time available. While large companies, such as FedEx and UPS are hiring more and more delivery drivers and incentivising them with higher salaries, some of the other companies are not fully vetting their drivers. Smaller companies who did not originally have a delivery service option, may have created a sub-par delivery service. Their need to remain open and retain business outweighed their need to properly vet their delivery drivers. Delivery drivers are often incentivized to complete their deliveries quickly and efficiently, which may result in reckless driving and carelessness. If they have not been properly trained or drive dangerously, it becomes a hazard to other drivers and pedestrians on the road. When a delivery driver causes a collision, the driver obviously is responsible for his or her actions. However, the company that employed the driver often has responsibility, too. In some cases, there could be other parties who bear responsibility. These situations are very fact specific. It is important to gather information quickly and thoroughly to protect your rights. If you are involved in a motor vehicle accident with a delivery truck driver, or any car accident at all, contact counsel immediately. If you are injured, it is even more important that you have an experienced car accident lawyer fighting for your rights. Before leaving the accident scene, be sure that you: Call the Police and be sure to get the name of the responding officer. Get the contact information of the other driver and the company that they work for. Write down their license plate number and car/truck make and model. Take pictures of the accident scene if possible. If there were any witnesses, get their contact information. Seek medical attention immediately if you are injured. Do not sign any paperwork unless it is from a police officer. Contact your attorney to begin the legal process. At Morefield, Speicher, Bachman Law we have experience working with those injured in car accidents and truck accidents. You deserve to be treated with care and attention after a motor vehicle accident.  If the driver was inexperienced or had not been properly vetted and trained, it is the responsibility of the company to take action. Unfortunately it is all too common that the negligent party is not held accountable for their actions. Contact our team after an accident and we will ensure that you are cared for.

What is a Mediation?

Mediation is an alternative to a jury trial that often leads to the settlement of lawsuits and legal disputes. Mediation can take place before or after a lawsuit it filed. It is now common for judges to order the parties in a lawsuit to mediate a case before it goes to trial. Judges know that many cases can be resolved in this way without the time, expense, and uncertainty of a jury trial. What Happens at a Mediation? Mediation is a less stressful and more collaborative process than a jury trial. Typically, a mediation will take place at the office of one of the attorneys or at the office of the mediator. You and your attorney will spend most of your time in a private conference room. The other party to the dispute and his or her lawyer will spend most of their time  in a different conference room. Often the parties will meet together with the mediator at the beginning of the process to discuss the procedures and to give an overview of each party’s view of the case. This is not like a closing argument. Most skilled attorneys present an overview of their case and do not “come out swinging.” Why? Because the purpose of a mediation is to create an opportunity for focused discussion, negotiation and compromise. Compromise is difficult when tempers are high. Sometimes one of the attorneys will give an antagonistic presentation in the mistaken belief that this will somehow help his or her client. We know that the best response is to not react. The goal of mediation is to reach a mutually agreeable settlement. This is not a Facebook argument where one scores points by being witty and insulting. A substantial portion of the mediation involves private caucuses. In plain English, the mediator spends time individually with each side exploring the strengths and weaknesses of their case. The mediator encourages the parties to consider options for settlement. The mediator helps each side better understand the risks and the potential benefits of going to trial. In many, but not all cases, the mediator is able to help the parties reach an agreement to settle the case. In some cases that don’t settle at mediation, the parties will reach a settlement a week or two later. If settlement is still not possible, the parties move forward to trial. One of the benefits of mediation and one of the reasons it can be so effective is that it is largely voluntary. Each side has the right to say “No” to any proposal. Because each party knows that the other party can end the mediation, each party has an incentive to cooperate in the process. Why Would You Settle Instead of Go to Trial? If you have already hired our firm, you probably did so because we have the experience and the ability to succeed in the courtroom. If you hired us because we are good trial lawyers, you may be wondering why you would settle your case rather than go to trial.  The first answer is a simple one. When you hire a lawyer who is skilled in the courtroom, you actually have a better chance of obtaining a fair settlement. The other side knows that you can hold their feet to the fire. If the other side offers a fair and appropriate settlement and you can avoid the time, uncertainty, and expense of trial, it often makes sense to settle. There are many other circumstances where settlement makes sense. In some cases, the key facts are in dispute and the outcome at trial is uncertain. You may want to avoid that uncertainty with a settlement. One of the parties may not have sufficient assets to pay a fair settlement and you may decide to settle for what is available. The law may be uncertain in your particular case. Or, there may be a time issue or other personal issue that affects your willingness or ability to wait for trial. Every client’s situation is different. There are many factors that affect whether it makes sense to settle or go to trial. We carefully advise our clients about the risks and rewards of trial and settlement. Ultimately, the choice belongs to you as the client, but we will provide you with legal and factual information, advice, and recommendations so your decision will be a well-reasoned one that works for you. You do not have to make the decision alone.

Wrongful Death

Wrongful death cases arise from many different causes. Fatality accidents are sadly an all too often occurrence on the roads and highways across Kansas and Missouri. If you have lost a family member in a car accident caused by someone else’s negligence, we are here to help guide you through the process of recovering some of what you lost. If you have lost someone due to a dangerous or defective product, dangerous condition or property or any other cause, we are here to help. We understand that you are living through a horrible tragedy and that you have needs in addition to fair compensation for your loss. We make every effort to be there for you in this difficult time. When it is appropriate, we will help you to find other professionals that can help you through your grieving process or who can help you with the aspects of your loss that require the assistance of someone other than a lawyer.