Friday, February 26, 2016

 

Let me put it out there right at the top, I am an enthusiastic supporter of the Boy Scouts.  I was a Scout as a youth and my sons have been scouts.  One son, I am proud to say, is an Eagle, as are both my brothers.  I am not.  I have been active in the Scouts as an adult for the last twenty years. I believe the program has a lot to offer.

 

I believe the values that the BSA instills are very relevant today...

Thursday, January 28, 2016

What is all the hoopla really about?  It is certainly not about new citizens coming from other countries and making a new home here.  That would be crazy because that is the very soul of our great nation.  Every wave of immigration has been met with a certain amount of resistance.  White Europeans were not the first humans on this continent.  The illegal Mexican workers/criminals are mostly of Spanish descent.   Even th...

Thursday, December 31, 2015

 

Why legalize marijuana in a time when tobacco is being criminalized?  That is the question on my mind?  Not sure if anyone else is thinking about it, but it bumping around in the recesses of my brain.  From time to time it surfaces.  Usually at parties when people find out that I am a lawyer.  I am not against the decriminalization and eventual legalization of marijuana; in fact I am in favor of anything that reduces t...

Friday, December 18, 2015

 

A kinder and gentler TSA? You be the judge.

My son had stayed as long as he could for the Thanksgiving break, but it was time to get back to school. It was the Sunday after thanksgiving, at 2:30 pm. Arguably the WORST time on the WORST day of the year to roll your carryon bag up to the TSA in the East Terminal at Lambert International Airport. After placing his belongings on the belt and proceeding through the magic mac...

Tuesday, August 25, 2015

 

To those of us who practice in the domestic arena, pending nuptials means two things, Pre-nuptial agreements and divorces.  Both can be lucrative business for lawyers.  I will not be writing today about the bottom feeding reputations of that class of lawyer who gathers filthy lucre from the misjudgments of others, but of the benefit gained by that segment of our population that was previously barred from wedded bliss ,...

Friday, June 26, 2015

A DWI usually triggers a two prong problem for the client.  The first is the criminal issue involving the police and the prosecuting attorney and maybe a month in jail.  The second is the Administrative Revocation by the Department of Revenue.   After the traffic stop and the failure of the roadside sobriety tests, the Breath Test (or blood test or urine test) is administered. If the result is .08 blood alcohol by volum...

Monday, June 8, 2015

The magic number is three.  In the world of intoxication related offenses, the third one is a charm.  It triggers the jump from misdemeanor to felony.  For those playing along at home, the statute is Missouri Revised Statute (or R.S.Mo) Chapter 577, section 577.023. 

 

A prior offender is anyone who has plead guilty or been found guilty of a DUI or DWI within the last five years.  A persistent offender has...

Friday, May 15, 2015

 

If concerns for your customers’ safety aren’t enough to keep you up at night, the conduct of your employees will.  Unless it’s a mom and pop operation and Jr. is your only employee, there are issues that should be addressed.  As soon as there are employees, there are liability risks and security risks. 

 

 

Liability risks fall into categories: things your employees do and things you do involving the employees....

Wednesday, April 29, 2015

By far the largest category of law suit by an individual against a business is Negligence suits, where a person is injured because the business was negligent. The phrase to remember is ‘The care that an ordinary, prudent person would use in the circumstance.’  That is standard the jury uses to determine if your business is responsible for someone’s injury. 

 

Let us start in the same place the customer starts – the p...

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