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Monthly Archives: August 2012

Corporate/Business Counsel & Unauthorized Practice of Law

Sometimes as a business owner having an attorney isn’t just a mere luxury or convenience, it’s a legal requirement. More specifically, in litigation, corporations must be represented by an attorney — either in house counsel or outside counsel. The reason for this flows from Missouri Revised Statute Section 484.020.1: No person shall engage in the […]

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Joint Legal Custody & Sole Legal Custody

Missouri Revised Statutes 452.375 is the primary statutory section on point relating to custody. Custody is the umbrella term that can, without qualification, refer to physical custody and legal custody. The former is which parent/guardian actually has the child with him/her; the latter refers to which parent/guardian has decision-making power regarding the child. The presumption […]

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Missouri Division of Family Services, Social Services

Administrative agencies in Missouri are created by the Missouri legislature and are intended to, among other things, lessen the burden placed on courts and provide more streamlined, efficient services in certain areas of need. Domestic services — particularly in the area of paternity, child custody, and child support — is an example of such an […]

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Personal Jurisdiction: Non-Residents and Foreign Corporations

Personal jurisdiction(sometimes called in personam jurisdiction) refers to a court’s ability to bring a defendant into court and entertain litigation and enter a judgment. Say you and I both live in Missouri. A real estate dispute arises between us concerning property located in Saint Louis County. What happens if you file suit in Florida? Do […]

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Contract: Accord & Satisfaction, Accord Executory

Contract disputes comes in all shapes and sizes. One of the more prevalent contract disputes that arises is when there is a genuine dispute over the amount owed for work under a contract. Very often the parties will amicably reach a resolution and use the compromise to satisfy whatever the underlying obligation may have been. […]

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Breach of Contract: Specific Performance

Damages in a breach of contract claim are generally limited to expectancy damages – that is, what the non-breaching party would have received had the contract been performed. See Peterson v. Continental Boiler Works, Inc., 783 S.W.2d 896, 902 (Mo. 1990).  However, in some circumstances, monetary damages just do not suffice in attempting to fully […]

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Clearing Real Estate Title Defects in Missouri

More than any other type of property, real estate is subject to creditor liens. Over the course of time, as title to a given piece of land moves from one person to another person, the owner changes, and thus so too do the amount of potential claims which may be levied against the land. Common […]

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When does Child Support end in Missouri?

One of the more common questions I receive is when does Child Support end in Missouri? My answers is inevitably that the Division of Family Services Order or the Court Order needs to be consulted first to determine if there is a set end date. If the order does not articulate a specific end date […]

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Undue Influence: Estate/Trust/Will Challenges in Missouri

In order to execute a legal document, which include estate documents such as wills and trusts, the individual executing the document (testator in case of a will; settlor in case of a trust) must have legal capacity. In other words, they must be creating the document through their own volition and free from any sort […]

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Unreasonable Continued Seizure: Criminal Defense

A seizure occurs against a person when the government restrains the person. A seizure can also occur against a person’s property when there is some meaningful interference with an individual’s possessory interests in that property. Both the Missouri Constitution and Federal Constitution prohibit unreasonable seizures. See U.S. Const. amend. IV; Mo. Const.Art. I § 15. […]

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