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The Best Lawyers in America 2023

August 31, 2022 No Comments

The Best Lawyers in America has released the results of its 2023 survey, with MSB Attorneys Rick Morefield and Sue Becker both earning recognition! Rick Morefield was recognized in The Best Lawyers in America® 2023 for work in: Personal Injury Litigation – Plaintiffs Sue Becker Recognized in Best Lawyers: Ones to Watch in America 2023 for work in: Personal Injury Litigation – Plaintiffs Selection is based on a peer-review survey, in which leading lawyers evaluate each other’s legal abilities in their specialties. The 2023 edition is based on more than 9.4 million evaluations and recognizes just over 67,000 attorneys in 147 practice areas. Rick Morefield For over 35 years, Rick Morefield has guided his clients through all phases of litigation including trials, mediation, and appeals. He practices primarily in the areas of personal injury, wrongful death, traumatic brain injury, and business litigation. Rick knew he wanted to be a trial lawyer after joining the debate team in high school. He loves the challenge of helping his clients put their best foot forward in the courtroom, in mediation, and in negotiations with other parties. Learn more about Rick. Sue Becker Sue Becker graduated from the University of Missouri-Kansas City School of Law in 2012. In her own words, “My passion is to help people by offering them hope and resolution during difficult situations. I believe that each of us has something to offer the world and so we should do our best to use our talents and skills to assist those who cross our path. Practical and compassionate guidance is what everyone needs at some point in life, so I strive to offer that to my clients. Often legal issues become personal issues that greatly affect the health and well-being of everyone involved in a dispute which is why we work hard to bring a positive resolution as quickly as possible.” Learn more about Sue. The peer-reviewed listings of Best Lawyers are now published in over 70 countries, and their influence in the international legal community has grown significantly. Since it was first published in 1983, Best Lawyers® has gained worldwide recognition as the definitive guide to legal achievement.

Pros and Cons of Zoom Mediation

June 7, 2022 No Comments

During the Coronavirus pandemic, many people turned to Zoom and other virtual platforms for mediations. Zoom and other virtual platforms provided a social distancing alternative to traditional face-to-face mediations. When considering whether or not to mediate using Zoom or another virtual platform, there are a few pros and cons to consider. Advantages of Zoom/Virtual Mediation Lower Cost Virtual mediation can be substantially less expensive than in-person. The biggest reason for this is the lack of travel time and expenses for the mediator and parties. What might have involved a day of travel or even an overnight hotel stay for a face-to-face mediation is not necessary when mediating virtually. This reduces costs for parties, their attorneys, and the mediator because they will not need to travel to attend the mediation session. This lower cost can also make mediation financially feasible in smaller cases. Eliminates Geographical Barriers Zoom mediations offer much more flexibility for parties spread across geographical locations. In many cases, time devoted to the mediation process can be reduced substantially. With virtual mediation, scheduling becomes easier. Zoom mediation can eliminate geographical barriers and physical barriers for those who are severely disabled, in poor health, or who reside a great distance from the mediator. Security and Privacy Virtual platforms for mediation now have security and privacy capabilities such as Zoom’s waiting room feature which gives the mediator the ability to have control over when the parties join the mediation. Zoom allows the parties to enable end-to-end encryption which secures the participants’ communications with cryptographic keys that are only known to the devices of those participants. Keeping the meeting’s private keys secure ensures that unwanted third parties will be able to access the meeting. However, enabling end-to-end encryption can disable certain Zoom features that are useful in mediation such as breakout rooms. The parties and the mediator have the ability to select the security and convenience features that work best for their particular mediation. Breakout rooms in Zoom allow the mediator to meet privately with each party and their attorney. The mediator can put each party in a private breakout room and have independent discussions in the same way that the mediator would use separate conference rooms in an office. Disadvantages of Zoom/Virtual Mediation While the following disadvantages of Zoom mediation may not be present in every situation, there are some potential downsides to conducting mediation virtually. Less Non-Verbal Communication Meeting with people on a screen has some major differences from meeting face-to-face. Virtual mediation may deprive parties of the opportunity to read non-verbal cues and body language. When the mediator has never met the parties or lawyers in person, they must work differently to establish the same rapport. Having video mode on is certainly more beneficial than strictly audio calls, but it still may be difficult to observe eye contact, body language, and other forms of non-verbal communication. People who are unfamiliar with Zoom or other such platforms might feel that they cannot establish the same level of connection with the mediator or the other side, which may hurt the chances for a successful mediation. While remote mediation does change some aspects of human interaction, most people do find that feelings of discomfort dissipate with time and genuine connections are still attainable. We have found that Zoom mediations can be very effective. Less Commitment The lower cost and greater convenience of virtual mediation is one of its greatest advantages. But, this advantage is also one of the biggest disadvantages of virtual mediation. Because virtual mediation is less expensive and more convenient than in-person mediation, the parties can be less committed to the mediation process in some cases. There is a legitimate concern that one or all parties will not take the process as seriously as if they had to dedicate travel time and expenses. When a party sends a representative across town, or books a flight on an airplane, they’re more likely to be serious about getting something accomplished. For mediation to work, the parties must be committed to the process. Although this disadvantage is real, we have found that the mediator and the parties can work together in advance of the mediation to make sure everyone is committed. When the parties are mediating by Zoom, it is important for the parties and the mediator to frankly discuss the issue of commitment. Technical Issues Technical issues can cause distractions and impact the success of the mediation. If a party’s internet connection is not strong, or if their laptop or computer is malfunctioning, it can interrupt the flow of the mediation and this can impact the parties’ ability to get the most out of the mediation. It is the mediator’s responsibility to work with the parties in advance to be sure that the parties have the technology to participate in the mediation in a meaningful way. In Conclusion… Virtual mediation on platforms like Zoom developed rapidly out of necessity, but it is here to stay. Although there can be drawbacks to virtual mediation, there is no reason that virtual mediations cannot be successful if the parties plan for and consider the advantages and limitations of the technology. At MSB Law, LC, Rick Morefield is prepared to serve as a mediator in person or over Zoom. He has had experience and success with both virtual and in-person mediations and is comfortable assisting parties who have never mediated over Zoom. All of the lawyers at MSB Law, LC are prepared to mediate for their clients in both virtual and in-person settings. Your preferences are important to us and we will continue to offer to each and every one of our clients the opportunity to meet with us–on your terms. We are here for you. Contact us today at (913) 839 2808 to discuss our mediation services.

Experience Matters—The Importance of Choosing a Seasoned Lawyer

May 31, 2022 No Comments

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 MSB Law, 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

Do You Have an Attractive Nuisance on Your Construction Site?

March 2, 2022 No Comments

Attractive nuisances are conditions on a property that entice trespassers to enter. Children are of particular concern when it comes to members of the public entering unsafe places and getting injured. Cases can arise from children trespassing and drowning in public swimming pools, or climbing over fences and getting injured by horses. When it comes to properties under construction, an active or vacant site can also contain attractive nuisances that draw children and pose a threat to their safety. If children trespass onsite due to a lack of safety precautions, the general contractor on the site can be held liable for any injuries they sustain. Attractive Nuisances on Construction Sites Children are in danger at construction sites because they can climb on unstable surfaces, play on heavy equipment, and fall into man-made ditches. Contractors should do everything in their power to prevent young trespassers from entering their property. If you suspect children or any other member of the public have any reason to trespass onto your construction site, treat the problem with the utmost seriousness. Inaction creates a serious risk and liability for your company if trespassers enter and get hurt. Negligence in Attractive Nuisance Cases Negligence can be determined as the cause of attractive nuisance cases when a contractor knew that dangerous conditions existed; but did nothing to prevent an accident. It is less likely that you will be found negligent if you take all necessary measures to prevent injuries on the job site. When is a Contractor Liable for an Attractive Nuisance Injury? The presence of certain conditions is necessary to hold a general contractor responsible for the injuries of a child. The contractor knew that a dangerous condition existed on the premises, and that there was a possibility children could trespass and get hurt. The child was too young to realize that the condition was dangerous. In comparison to the risk the child faced, the removal of the dangerous condition would have been a small burden. The contractor knew, or should have known, that the dangerous condition would pose a significant risk to a child. The contractor failed to remove the dangerous condition or otherwise protect the child. Commercial General Liability (CGL) Policy Contractors are generally covered by the CGL policy in case of bodily injury or property damage. The CGL policy will provide some liability coverage if an attractive nuisance in the construction area injures a child or other member of the public. Maintaining safe conditions on a construction site should be the top priority. While a CGL policy can provide coverage for injuries due to an attractive nuisance, the CGL policy should be viewed as a safety net against claims, not as the main solution to problems of attractive nuisances. Contractors still need to be responsible for job site safety of both employees and the public. This will have the benefit of longer-term, lower insurance costs as well if they manage their insurance risks and exposures. How Can You Make Your Construction Site Safe? In order to protect yourself and your company against nuisance claims, you should install signage around dangerous conditions warning trespassers of their risks. If possible, surround the work site with fencing. At the end of each workday, turn off machines, clear out debris, and remove anything else that poses a threat to safety. Communicate clearly with subcontractors and suppliers on safe work practices. Contractors must also ensure that the property is maintained and secure for all visitors so that they remain safe. Examples include: Keeping walkways free of cracks and gaps to prevent slip and falls. Securing equipment, chemicals, and tools. Installing wireless electronic alarms or security doors and screens. Assuring the safety of employees while they perform work duties. Installing flood lights in areas with poor visibility. Having rescue equipment ready for emergencies. Contact our Construction Law Attorneys for Guidance Get in touch with our construction law attorneys at MSB Law, LC today if you are being sued in an attractive nuisance claim. Our defense team can provide a number of options for you in court. You should act promptly to put yourself and your construction company in a good position. Contact our team at (913) 839 2808 to set up a time to speak with an attorney.

The Importance of Full Disclosure in Construction Real Estate Transactions

November 1, 2021 No Comments

At MSB Law, LLP, we have extensive construction practice. Our construction lawyers regularly work in the commercial real estate practice area to reduce the risk of fraudulent behavior and to help resolve the issues if they occur. We regularly work with clients who find that the home or commercial property they purchased has significant problems that the seller did not disclose, or in some cases, even concealed. This happens more frequently than most buyers and sellers realize and it happens for a variety of reasons. We also work with clients who are selling real estate and who need advice to avoid issues with the buyer in the future. When selling real estate, it is extremely important that you disclose information that affects the value of the property. This must be done on the front end during negotiations for the property. Not only is this the best practice and the honorable way to sell real estate, but it can also protect you from facing a lengthy, and costly, lawsuit down the line. We frequently advise clients about disclosure issues. When buying real estate, it is extremely important that you ask questions and request information about any issues that are important to you or that may affect how you can use the property. We regularly advise buyers about their real estate purchases and can help buyers know the right questions to ask before signing on the dotted line. In Missouri and Kansas, failure to disclose material information about a property can be considered fraudulent concealment. A seller who conceals problems with a piece of property may be subject to legal liability for fraudulent concealment and can be held legally liable to the fraud victim for the damages or losses arising from the concealment. Fraudulent concealment differs from actual fraud. Fraudulent concealment occurs when the seller conceals information he or she should reasonably know would affect the sales price of the property. Fraud occurs when the seller knowingly provides false information about the property. Most real estate contracts require the seller to reveal certain types of information about the condition of the property. If the real estate contract requires the seller to reveal information about the condition of the property, but the seller fails to do so, the seller can be liable for fraudulent concealment. If the seller makes false statements about the condition of the property, the seller can be liable for fraud. Our construction lawyers at MSB Law, LLP, regularly work with contractors and property owners involved with commercial and residential real estate transactions. Attorney Stan Bachman has extensive experience helping contractors, subcontractors, and suppliers resolve disputes. He understands and appreciates construction industry clients because he’s “been there, done that” as a Kansas City commercial general contractor and business owner for 25 years before becoming a lawyer. If disputes arise regarding your construction or business transaction, contact our legal team today. Our firm represents all participants in the industry, from contractors and subcontractors to engineers, architects, and owners. We represent clients at every stage of the construction process. Contact our legal team for help today.

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

August 1, 2021 No Comments

MSB Law’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!