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Monthly Archives: May 2015

Marital Property Division: Disclosure, Omission, Fraud, Mistake

Whether intentionally as part of a scheme to conceal and defraud, or an honest oversight, omissions occur in property disclosure statements and divorce decrees. In Missouri, the division of marital property — essentially all property and debt accrued/accumulated during the course of a marriage — is final and is not subject to division. Section 452.360.2, […]

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Attorney-Client Privilege, Waiver

Although most of the general public is familiar with the concept of the attorney-client privilege, its elements are quite narrow and specific. The attorney-client privilege applies if (1) there is an attorney-client relationship at the time the communication was made or advice was given and (2)  relationship existed with respect to the subject matter of the […]

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Breach of Fiduciary Duty, Fiduciary Litigation

Even though it crosses over many different substantive practice areas, fiduciary litigation has in many way become its own practice area. Broadly speaking, a fiduciary relationship exists between individuals when there is a “special confidence reposed in one who in equity and good conscience is bound to act in good faith, and with due regard […]

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Contracts: Conditions Subsequent, Forefeiture

Part of the difficulty with contract interpretation, litigation and disputes is that seemingly innocuous language can make all the difference in the world. For instance, a “condition subsequent” may bring about the end of a contract. A condition subsequent is language in a contract which may provide for the cancellation of the contract on the […]

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Contract Under Duress, Ratification

A contract may be invalid if it is created under duress. Indeed, depending on the facts, duress can serve as an affirmative defense to a breach of contract claim. In Missouri, the question of whether duress played a part in the execution of a contract is a case-by-case inquiry. State ex rel. State Highway Commission v. […]

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Equitable Liens

Collecting a money judgment is often very difficult, particularly if the judgment debtor is hiding assets, has little/few  assets or is not covered by insurance. In fact, many attorneys are unwilling to handle cases when the prospect of a difficult to collect judgment becomes apparent.  There are some legal theories and avenues which aid in […]

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