We endeavor to avoid conflict, wherever possible, but, in the right situations, are ready, willing and able to prosecute the client’s position to resolution at trial.
High Asset Divorces
We have had significant experience in high asset cases which typically involve:
- Interpreting premarital agreements, and making premarital agreements;
- Distinguishing income from property, particularly where there are stock options and S Corporations involved;
- Identifying marital versus non-marital property, as, generally, only marital property will be divided by the court;
- Valuations of properties, both real estate and businesses, can sometimes be complex, but we have access to the resources which enable evaluations to properly be completed.
In Kansas and Missouri any matter which involves child custody is going to be mediated, which generally means that the attorneys do not participate, though they can. What we try to do in any mediation, where we are not going to be present, is to prepare the client to achieve the best result for that client and the kids that we can. Where a case cannot be settled, we can and do take this kind of case to trial.
These cases can be among the most difficult, and, at the same time, the most gratifying when you can achieve the desired result.
Real Estate/Contract/Construction Defects
See Brennan v. Kunzle, 154 P.3d 1094 (2007). If you are the buyer in a residential real estate transaction, have an attorney review the contract, before you sign it. If you are already in a situation where you have a contract and/or you have closed and you have purchased a lemon, talk to an attorney who has litigated and settled such cases. With our experience, we can represent either side in residential or commercial real estate disputes. We apply insights gained from over 43 years in practice. We are selective about which cases we will take, and, if we take your case, you can be assured that we will be a strong advocate for you.
We provide our small business clients with an evaluation of what type of business entity is best suited for them, including partnerships, corporations, limited liability companies, or limited partnerships. Once the choice of entity has been made, we draft the necessary business formation and operating documents appropriate to the choice of entity, file those documents with the Secretary of State, and assist the client in keeping that organization active.
Corporate Transactional & Contract Law
We draft and review contracts and agreements relating to the operation of a small business, including employment contracts, non-compete agreements, leases of real estate and equipment, and agreements for the purchase and sale of businesses and/or assets. We have also participated in, and orchestrated, a successful reverse stock split as a means of removing a minority shareholder. See Smith v. Microtool, Inc., District Court of Johnson County, Kansas, Case No. 09CV00553, 2009-2010. Reverse stock split.
Civil Litigation/Appellate Practice
We are experienced in prosecuting and defending civil litigation matters, and we can assist you in protecting your interests by initiating a lawsuit, or, if you are sued, defending and protecting your interests. These cases often include breach of contract and shareholder disputes, non-compete agreements, real estate matters, and others. In some cases, the costs of defense may be covered by your business or personal insurance, and that is always a threshold issue to be resolved in defense cases. We have handled over 30 appellate cases over the years, both in Kansas and Missouri. We have also handled occasional collection matters, but not commercial collections.