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Monthly Archives: December 2010

DWI Attorney

A person commits a DWI in Missouri if such person operates a motor vehicle in the State with a BAC of .08 or greater. A DWI charge in Missouri has civil and criminal components. Civilly, the Department of Revenue will push to revoke your driver’s license. Criminally, the State or County will charge you with […]

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General Business Partnerships

Do you know the adverse consequences of not selecting a business form? The law has a default form for you. Assume you  and two friends open up a restaurant. You don’t file any formal paperwork with the Missouri Secretary of State or any local/county agencies but have the understanding that the restaurant is being operated […]

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Guardian Ad Litems

A Guardian Ad Litem (“GAL”) is appointed in the court’s discretion to represent a child’s interests in divorce cases, custody/child support modifications, paternity actions, adoptions and other cases implicating the possible abuse/neglect of a child. The basic idea of the GAL is that a child (usually just those under 18) may be unable to vocalize […]

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McDonald v. Chicago: U.S. Supreme Court Misfires on the 2nd Amendment

In McDonald v. Chicago, The Supreme Court of the United States (“SCOTUS”) was wrong in deciding that the 2nd Amendment to the U.S. Constitution — the right to keep and to bear arms — applies to the States. My opinion is not based on any policy preference, but is instead grounded in objective, neutral interpretation […]

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LLC Operating Agreements

As I mentioned in an earlier post, Missouri Revised Statute (“RSMo”) 347.081(1) requires that members of a Missouri LLC adopt an operating agreement. The operating agreement is essentially an agreement, written or oral, between all members concerning the conduct of the business, the affairs of the limited liability company and the rights, duties and obligations […]

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Child Custody Modifications

Child Custody orders entered by a court after a divorce are rarely final. Indeed, if after a period of time one of the parents seeks a change in custody arrangements, he or she can do so by petitioning the court. In the Petition, the party must submit a proposed parenting plan for the child. This […]

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Constitutionality of the Arizona Immigration Law

There is a distinct difference between whether a law is constitutional or whether it creates good policy. I intend to discuss only the former in relation to Arizona’s Immigration law which became law in early 2010 (http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf). In this attorney’s opinion, the law is constitutional. Overall, there seems to be two primary constitutional objections being […]

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Durable Powers of Attorney

A power of attorney is a document where one person or entity (a principal) grants consent authorizing another person or entity (agent) to act on his or her behalf. Essentially, under this arrangement, the agent has consent to act on behalf of the principal in certain situations and is authorized to make decisions which will […]

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Funding Trusts

A trust is like a fancy gift. More technically, it is a situation in which one person or entity — the trustee(s) — holds the legal title to identifiable property at the request of another — the settlor — for the benefit of a third party — the beneficiary. To give an example, say I […]

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Divorce

Divorce is always trying, and even agonizing at times. In terms of legally effectuating a divorce, sometimes it is smooth and sometimes it is very difficult. Let me explain. For a couple to be divorced in Missouri, it must be shown that the marriage is “irretrievably broken.” Irretrievabe breakdown is easy to prove if both […]

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