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MSB Attorneys Named to Super Lawyers List of Top Attorneys

MSB Law’s founding members Rick Morefield, Andrew Speicher, and Stan Bachman were named to Super Lawyers’ Annual List of Top Attorneys in Kansas and Missouri for 2016.   Rick earned Super Lawyer distinction in the area of personal injury.  Andrew and Stan were honored as Rising Stars in the areas of personal injury and construction law respectively.  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 peer nominations.   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 distinction while only 2.5% receive the Rising Star honor which recognizes attorneys under 40 or in practice less than 10 years. As someone who has known Rick, Andrew, and Stan for many years, I think this honor is well deserved. I see them every day devoting their full attention and experienced counsel to clients’ cases.  Equally as important, I see them as super people who put family and faith at the forefront of everything they do, provide a welcoming and collaborative work environment for their employees, and continually aim to give back to their community through pro bono services and volunteer events. Congratulations Rick, Andrew, and Stan!

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Giving Back Through Volunteer Attorney Programs

Improving access to legal services for low income individuals and families is a critical component of breaking the cycle of poverty for individuals and families in Kansas and Missouri.  All too often, families faced with a legal situation find themselves falling farther behind as they try to spread an already thin budget to pay legal fees, court costs, and even traffic fines.  Many do not know where to turn for help.  This is why MSB Law, LC wants to highlight organizations like Legal Aid of Western Missouri, which works tirelessly to break this cycle. In addition to serving their own clients, Legal Aid of Western Missouri, jointly with KCMBA, LAKC, and K.C. Bar Foundation, seeks to provide comprehensive legal services through their Volunteer Attorney Project (VAP) to individuals and families in Kansas and Missouri who need, but cannot afford, legal assistance.  Through VAP, eligible clients are referred to private attorneys for free legal assistance with housing related matters, guardianships, and family law cases, among others.  Attorney Andrew Speicher has been actively involved with VAP, representing pro bono clients in matters involving guardianships and warrant relief. It’s unfortunate, but children are regularly the ones that suffer the consequences of our poor decisions as adults.  When a parent is unable or unwilling to provide for their child’s needs, it usually falls to a well-intentioned grandparent or other family member to step in and pick up the slack.  But when that child needs to go to the doctor or be admitted to the hospital, or enroll in school, the child is often denied because the caregiver has no legal authority to make these decisions.  This is where volunteer attorneys can step in and serve by taking the caregiver through the court process of being appointed as Legal Guardian of the child, thus empowering the caregiver to make legal decisions for the child’s physical and financial health and well-being. Some of my most rewarding moments as an attorney have come at the end of a Hearing For Guardianship.  In that moment, the judge finally appoints my client as the legal guardian for her grandchild and now frees my client to get her grandchild the medicine she needs, or enroll her in school.  Without being appointed Guardian, the child would fall between the cracks.  But because of the opportunity to offer my services through the VAP programs, we can equip caregivers to provide these children with an opportunity to excel. – Andrew Speicher To give your time to the Volunteer Attorney Project, please visit http://lawmo.org/volunteer/volunteer-attorney-project/. You can also find similar programs through Kansas Legal Services http://www.kansaslegalservices.org.

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TieOneOnforSafety

Make a Choice to End Drunk Driving Accidents

Drunk driving accidents are 100% preventable.  Even so, the National Highway Traffic Safety Administration reports that 10,265 people in the United States died from alcohol-related crashes in 2015.  That’s one every 51 minutes[1].  Think about that.  Every 51 minutes somebody else’s loved one will never come home again because someone chose to drink and drive.  The statistics are sobering or at least they should be. 1,411 people were injured in alcohol-related auto accidents in Kansas in 2014[2] 96 people were killed in alcohol-related auto accidents in Kansas in 2014 5,976 alcohol involved car accidents were reported in Missouri in 2014 including 249 fatality accidents[3] Personal injury and wrongful death attorneys Rick Morefield and Andrew Speicher have helped many individuals and families who have been seriously injured or lost a loved one because of the actions of a drunk driver.  We hope there’s a day when their services aren’t needed, but until then they can help victims and their families navigate the process of recovering the financial losses, and offer support to aid emotional recovery. As you celebrate this holiday season with your family and friends, make these simple choices to keep our Kansas and Missouri highways safer, and to finally end the senseless deaths and injuries suffered in drunk driving accidents. Designate a person in your group to stay sober and make sure everyone gets home safely. If you’ve been drinking, don’t drive. Call a cab or someone who has not been drinking to take you home. Put contact information for local cab and transportation companies in your phone so you always have it readily available. If you’re hosting a party, provide information to your guests for local cab and transportation companies, and provide non-alcoholic beverage options. 2016 marks the 30th Anniversary of MADD’s Tie One On For Safety campaign.  Visit their website for more information about what you can do to end drunk driving accidents. [1] http://www.madd.org/drunk-driving/about/drunk-driving-statistics.html [2] https://www.ksdot.org/Assets/wwwksdotorg/bureaus/burTransPlan/prodinfo/2014factsbook/Alcohol.pdf [3] http://www.mshp.dps.missouri.gov/MSHPWeb/SAC/crash_data_circumstance_960grid.html

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RevoCup-South

Revocup South – Turning Spare Change into Meaningful Change

If you like the MSB Law, LC law firm on Facebook, then you have probably seen us sharing events for our Overland Park, Kansas neighbor Revocup South. From musical performances to motivational speakers, there is always something going on next door at 11822 W. 135th St. But what we think is even cooler about Revocup South is what they do behind the scenes through the Revocup Foundation. The best coffee in the world is often produced by rural, desperately poor farmers who receive only a few dimes per pound for a crop that fetches between twenty and one-hundred times that amount at retail. Families lack the knowledge to properly, productively, and sustainably manage their land—while malnutrition, lack of potable water, and high rates of preventable disease further fuel this cycle. – www.revocupfoundation.org Founded by Habte and TG Mesfin in 2011, Revocup Foundation exists to improve the lives of coffee farming families and the communities they live in through education, health, and sustainable business initiatives. Board Chair, Michael Johnson, recently shared with me a couple of Revocup Foundation’s ongoing projects. Since 2011, the foundation has built and equipped 28 small libraries in rural Ethiopian farming villages with the goal to increase access to education and technology in the region. Revocup Foundation is also partnering with Holy Cross Lutheran Church’s Clean Water Ministry to improve access to clean, potable water. Ten cents of every cup of coffee sold and one dollar of every bag of coffee sold at Revocup Coffee House and Revocup Coffee House South is donated to the Revocup Foundation. Next time you’re in south Overland Park, stop in and say hello to Revocup South owner Michael Johnson. Enjoy a cup of some of the best Ethiopian coffee in Kansas City, and make a little bit of positive change in the world. At MSB Law, LC, giving back to Kansas City is one of our law firm’s core principles. That’s why we enjoy sharing information about other businesses and organizations that also make giving a part of their business goals and practices.

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construction-work

Missouri Mechanic’s Lien – Subcontractors Protect Your Lien Rights

In Missouri, subcontractors, skilled laborers, and materials suppliers who are not paid for their work, have a right to file a Mechanic’s Lien against commercial real property for work performed or materials delivered to the project, when the work and/or materials was for purposes of improving upon the property.  Sounds simple enough right?  Almost but not quite.  Missouri sets very specific rules and deadlines that must be followed to avoid losing your right to lien against a property.  The best way to ensure your lien rights are protected is to start from the day you accept the project. Documentation and Info to Give Your Attorney For A Missouri Mechanic’s Lien A copy of the fully executed original contract which sets forth the scope of work to be performed and/or the materials to be supplied. The first and last dates work was performed on the project and/or materials were delivered to the job site.  Please be aware that the last date worked refers to the last date worked on the original contract, or under any fully executed extra work or change order that modifies the original contract.  Last date worked DOES NOT include days worked on punch list items.  This information is critical because the statute of limitations for filing a Mechanic’s Lien or Subcontractor’s lien is set based on the last date worked. Copies of invoices, extra work and change orders, delivery receipts, and timecards which support your first and last date worked.  A statement of account will prepared and filed with your Mechanic’s Lien Statement. Important Deadlines for a Missouri Mechanic’s Lien In Missouri, a subcontractor under contract with a general contractor or another subcontractor has (6) six months from the last date worked to file a Mechanic’s or Subcontractor’s Lien. Before the lien may be filed, Missouri construction laws require that a 10-day  notice be given to the owner(s) of the property where the work was performed and/or the materials were delivered.  Keep in mind that a title search will have to be performed to determine all legal owners of the property before proper service of the notice.  This will affect the timing of your notice.  Depending on what Missouri county the job site is in, this information could take up to two or three weeks to retrieve.  Unlike Kansas City where many title documents are readily available through on-line services, the smaller or more rural Missouri counties like Vernon or Henry will likely require a title report be obtained from a separate title company, which may delay things. The best rule for a subcontractor to protect its mechanic’s lien rights, is to document early and well, and contact your construction lawyer in plenty of time to meet the deadlines set by Missouri lien laws. The information above is specific to subcontractors, skilled laborers, and material suppliers on commercial projects, and under contract with a general contractor or other subcontractor.  Although the information may be useful to subcontractors on residential projects, or general contractors, there are other deadlines and notices that will apply based on the type of project. We encourage you to talk with a construction law attorney if you have specific lien questions about a project you are working.  An important note though, if you are working directly for the owner of the property, or a tenant, you must provide your lien notice at the very onset of the project, not at the end.  Again, consult your construction lawyer for specifics.

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When Should You Call a Car Accident Attorney?

After suffering injuries in a car accident caused by somebody else’s negligence, most people are focused on getting the medical treatment they need to recover. This is especially true in instances of catastrophic injuries such as broken bones, traumatic brain injury, and spinal cord injuries. Your first thought probably isn’t “I wonder if I should call an attorney?” Even after the healing has begun, you may still not think about contacting an attorney right away especially if things seem to be rolling along with the at-fault driver’s insurance company. Here are some things to consider when deciding whether to call a car accident attorney sooner rather than later. The at-fault driver’s insurance company is not there to serve you. An insurance claims adjuster’s job is to gather information about any potential personal injury claims, and then to use that information to minimize the value of your claim for damages against the at-fault driver and their insurance company. They’re not bad people. It’s just their job. Knowing what to say, and what not to say, could be the pivotal factor in whether you make a recovery for your damages. The insurance company will likely want to take your statement about how the car accident occurred, the nature and extent of your injuries, etc. Again, they are just doing their job. However, what you say regarding the accident or your injuries could be later misconstrued, and used against you in favor of the insurance company. It is critical to know and understand what documents and information will be necessary to prove the value of your damages claim. Unfortunately, significant pieces of evidence, like photographs of the wrecked vehicles, photographs of the injuries, and a first-hand account of ways the injuries have impacted your day-to-day activities, can be lost or diminished if not gathered immediately after the wreck. Kansas and Missouri both have specific time limits on when and where you must bring a claim for personal injury. This is called the Statute of Limitations. Generally, you must bring a claim (i.e. file your lawsuit) within two (2) years from the date of an auto accident in Kansas, and within five (5) years in Missouri. There are exceptions when the injured party is a minor. An experienced personal injury lawyer will be able to explain the process, and help you determine where and when you would need to file a lawsuit to protect your rights. Many car accident attorneys in and around Kansas City, including MSB Law, LC, offer a free initial consultation to discuss whether hiring an attorney is right for you. At that price, everyone can afford to buy some peace of mind.

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