Our legal system is versatile enough to incorporate different ways to resolve our legal disputes. While trials are commonly known to be a staple of our legal system, another method of resolving disputes is through the mediation process. Mediation is a quick process that allows the parties to circumvent the more complicated, and often very expensive, route of litigation and reach a solution. It is a process in which the parties who are in conflict sit down with a mutually selected neutral person, the mediator, to resolve their differences and reach a mediated settlement. This impartial person assists in negotiating and thereby reaching a resolution of the issues at hand. Therefore the mediator – unlike your attorney – is not advocating for your interests but rather, trying to reach an impartial decision.

Mediation can be private or court-ordered and usually can be undertaken in all types of civil disputes. The primary difference between private and court-ordered mediation is that private mediation is optional wherein the parties decide whether to undergo mediation, the time and place of the mediation, as well as who will be the mediator. Whereas a court order mediation is ordered by the court and is therefore mandatory with the court deciding the time, place, and location, as well as the mediator who will preside over the process.

The main difference between private mediation and traditional litigation is that in litigation the process is controlled by a judge who will issue a decision on the dispute at hand. The parties do not have much autonomy when it comes to the litigation process and must follow the oftentimes strict evidence rules to have their position heard. In mediation on the other hand, the parties have more autonomy, especially when it comes to determining where the mediation should take place, who will be present at the mediation, how the mediation will be paid for, how the mediation will communicate or interact with the parties, etc.

It is also worth pointing out that just because you agree to undergo a mediation does not mean that you are forfeiting or withdrawing from the litigation process. You can proceed with mediation concurrently with the litigation process. In other words, you do not relinquish your right to litigate your dispute just because you agree to go through a mediation that turns out to be unsuccessful. If the mediation does not end up resolving the dispute you can continue with existing litigation or you can commence to litigation.

What happens after Mediation?

The goal of the mediation is to reach a mutual agreement on the resolution of the disputes at hand. It can also include the commitment each party is making to the other, a summary of the understanding reached between the parties, the remedies available to the parties if they feel the agreement is not being honored by the other side, etc. A mediation agreement is an enforceable contract, akin to a court order, with which the parties must comply. In other words, a mediation agreement is a binding contract that is enforceable in a court of law. So, if a party simply tries to get out of a mediation agreement just because they have had a change of heart that party could liable to the court and the other side, possibly resulting in sanctions.

We believe there is more to the mediation process than all parties reaching a mutually agreed-upon resolution to their disputed issues. While that’s a common view of mediation and its goals, we understand the conflicts and issues that lead to legal actions often cause extreme stress and trauma. Trauma caused by abuse can take extensive work by professionals to resolve. This is why our firm is committed to providing our clients with trauma-informed legal services.

A key to these services is recognizing the trauma our clients and their families may have experienced prior to our involvement with the client. Understanding this, we make a deliberate effort to reduce the trauma of the legal process, minimize the “re-living” of traumatic experiences, and connect clients with experienced, trauma-informed mental health resources.

In short, we don’t see our partnership with our clients as beginning and ending with legal services.

Call experienced attorneys today

If you are looking for proficient and experienced attorneys to accompany you at a mediation or help you by providing you with trauma-informed legal services, call Marler Law Partners. We are experienced in helping clients in all types of civil mediation and advocating for their interests. Contact us today for a free consultation.

The post What is Mediation? appeared first on Marler Law Partners.

Parenting is complicated but add to that a mix of former partners who might not be on the best terms and a court-ordered parenting plan, and you have a potential recipe for disaster. In such a situation, one of the parents will often end up violating the parenting plan.

Parenting Plan Explained

After parents separate or divorce, a parenting plan is entered into to decide the parenting rights and responsibilities pertaining to any of their children. Such a plan will cover things like custody, visitation, childcare, school, health care, major decisions for the child, etc. For instance, a parenting plan will delineate how much time each parent will spend with the child. However, just because there is an agreement to such effect does not mean it will always be honored by the parties. A parenting plan can be violated in multiple ways, for instance:

• Arriving late to pick up the child or completely missing the scheduled parenting time
• Exposing the child to potentially dangerous situations
• Not seeking consent from the other parent regarding major decisions for the child
• Preventing the other parent from seeing the child as laid out by the parenting plan

Seeking relief: Holding the violating party in Contempt of Court in Missouri.

Not following a parenting plan is essentially a violation of a court order. However, just because your ex has violated such a court order does not automatically entitle you to relief. Instead, you must ask for it. Depending on the circumstances, if you believe your child is in danger because the parenting plan is being violated, you may need to call the police and then consult with an experienced family law attorney to help you determine what sort of relief to which you may be entitled. Under Missouri Law, you have two options at your disposal.

If you want the non-complying parent to comply with the parenting plan, you can file a Motion for Contempt with the Court. For instance, if your ex is not picking up the children for school as required by the parenting plan, you can file a Motion for Contempt. By filing a Motion for Contempt, you ask the Court to hold the non-complying parent in contempt and enforce the parenting plan. As a penalty, the noncompliant parent could be subject to sanctions like attorney’s fees or the costs incurred by you to make the motion.

A second option at your disposal is to file a Family Access Motion. However, this Motion is only filed if the custody or visitation rights granted to you by the parenting plan are interfered with by your ex without good cause. Under a Family Access Motion, a hearing will be held to determine whether there has been a violation of the order for custody or visitation without good cause, and appropriate relief may be offered.

Contact experienced family law attorneys today

Suppose you believe your ex is violating the parenting plan or are being prevented from seeking the rights granted to you within it. In that case, you should reach out to the experienced family law attorneys of Marler Law Partners. Our lawyers here at Marler Law Partners are experienced in family law. We will work with you to develop the best legal strategy for your case to obtain the best outcome. Call us today for a free consultation.

The post Contempt Of Court: What to Do If Your Ex Violates the Parenting Plan? appeared first on Marler Law Partners.

While embezzlement is a form of theft, there is a significant difference between embezzlement and corporate theft. Embezzlement occurs when someone entrusted with possession of someone’s property, due to their role or employment, breaches that trust by using the property for personal gains. The embezzler, therefore, breaches the trust and fiduciary duty that he had to those who trusted him. Contrary to popular notions, embezzlement does not always occur in high-profile environments like international banks, but it can happen in many environments. A classic example of embezzlement is when an employee whose duty is to make bank deposits uses those funds for his benefit rather than depositing them into the appropriate bank account.

On the other hand, corporate theft is more widely encompassing than embezzlement. It is defined as any form of stealing, using, or misusing an employer’s assets by an employee without the employer’s permission. So, corporate theft is employee theft and can also include embezzlement. Corporate or employee theft can be as simple as stealing the office computer or taking money out of the cash register. Just so it happens, corporate theft is one of the fastest-growing crimes in the United States. Whether you are accused of embezzlement or corporate theft, it should not be taken lightly, as such accusations can have serious repercussions.

What to do if you are charged with corporate theft or embezzlement?

Under Missouri law, no separate statute covers embezzlement, but it is recognized as an offense under the state’s theft laws. The same can be stated for corporate theft. Missouri has no corporate theft-specific statute; it is covered under the state’s theft laws. Accordingly, both embezzlement and corporate theft are punishable offenses under Missouri law. The severity of the punishment will depend on the value of the property or services which have been embezzled or stolen. For instance, if the value of the property or services is $500 or less, it is considered a misdemeanor, punishable by up to 1 year in jail and/or fines up to $1,000. Whereas if the value of the property or services under consideration is $25,000 or more, it is considered a Class B felony, punishable by up to 15 years in prison and/or fines up to $20,000.

However, like with all accusations, you have a right to defend yourself when accused of embezzlement or corporate theft. You may have valid defenses depending on your situation. For instance, when accused of embezzlement, you might be able to protect yourself by arguing that the transfer of funds you undertook was done in error without any malintent. You also may have other valid defenses to accusations of embezzlement or corporate theft, like the accusation being an outright lie, entrapment, or not knowing that the employer owned the assets under consideration. Regardless of your situation, you should consult with a qualified criminal defense attorney who has experience in defending embezzlement and corporate theft charges. An experienced lawyer will not only help you develop the best defense but will also know how to deal and communicate aptly with all the parties involved, including the prosecution.

Contact experienced criminal defense attorneys today

If you are being accused of having engaged in embezzlement or employee theft, then you should reach out to the experienced criminal defense attorneys of Marler Law Partners. Our team of criminal defense attorneys will meticulously go through any pertinent evidence to develop the best defense strategy for you. Call us today for a free consultation.

The post Corporate Theft vs. Embezzlement in Missouri appeared first on Marler Law Partners.

If you or someone you know finds themselves in this worst-case scenario, you need to consult experts.  And you need to do it quickly.  Time is of the essence in evidence and fact gathering that will enable you to hold people accountable.  Consult with professionals who have handled these situations before and consider these steps you should take if the worst were to happen:

Get Someone To The Scene Of The Crash As Soon As Possible

Evidence from car, truck and other crashes disappears quickly.  Police officers, tow truck drivers, Highway Department employees don’t always know what is and what isn’t important at a crash scene.  We know what’s important and can help get people to the scene quickly.

Police officers and highway patrol will also take photos as part of the accident report, but with evidence, you can never have too many photos.   The photos taken by others don’t always show what’s important.  If you’re at the scene, take photos, but also call our office!  We can help get high quality photos of things like tire skid marks, damage to the surrounding property and land, and of course, the vehicles involved.

Find out where the vehicles are being taken—The “Black Box”

Today’s cars and trucks hold a wealth of information from a crash in their “black box.”  But all too often, that black box information disappears.  Finding where every vehicle in the crash is taken enables us to get an engineer to the scene to download and preserve the information from each car.  This information is invaluable, as it often contains vehicle speed, brake pedal application information, airbag deployment information and other data that can make or break a case.  We can get experts to the vehicle before it disappears.

Talk to the Witnesses

Police and Highway Patrol officers will talk to witnesses, but often at a surface level.  We need details to prove your case.  Recorded statements are always best.  Make sure to get all contact information for each witness, because we usually talk to our witnesses multiple times during a case.  We need their story.

DON’T talk to Insurance Companies

While it is fine to tell your or your family’s insurance carrier that there was a crash, DO NOT give them any kind of a statement.

Get A Copy Of The Accident Report

Before you leave the scene of the accident, make sure to get the contact information for the officers who first reported to the scene.   They should give you a card or a piece of paper detailing where you can obtain the full accident report.

Obtain Medical Records and a Death Certificate

If the death is reported at the scene of the accident, a coroner may be called to the scene.  More often, an injured person is transferred by ambulance.  Death certificates and coroner’s investigations can show how the accident or injuries in the crash caused the death of your loved one.

Contact A Wrongful Death Attorney—Let us take the burden off of your family

Car, truck and work crashes that cause a death are obviously serious situations.  They are also stressful and emotional for everyone.  In order to alleviate the burden and protect your family’s legal rights, consider talking to an experienced attorney as soon as possible.  Our wrongful death and insurance attorneys have experience, investigating, coordinating and filing these types of claims in the state of Missouri and Illinois and can guide you through the process.

The Attorneys at Marler Law Partners are experienced in handling all aspect of Wrongful Death Cases and Claims nationwide, but handle Missouri and Illinois cases in St. Louis, Southern Illinois and Eastern and Southeast Missouri areas. Contact our office today for a free consultation.

The post What Do I Do If My Loved One Is Killed In A Car Crash? appeared first on Marler Law Partners.

1. The Corporate Lawyer – someone who wears an overpriced suit, portrayed as heartless and often the villain, or
2. The Small-Town Attorney – almost always a southern gentlemen with a thick accent that stresses his folksy charm.

In Hollywood, there seems to be very little middle ground. But the real world isn’t so black and white.

These stereotypes come from our generalizations about lawyers. And while there are good things about both “types” of attorneys, in reality, you can have the best of both worlds without compromising!

Why The Big City Attorney?

The “city attorneys” or larger firms that are in metropolitan areas do bring many positives to any potential client.

First of all, they have a ton of resources at their disposal – whether it be a large legal team, office staffing support or proximity to many businesses and expert witnesses to help your case.

Additionally, they likely have a larger number of cases to draw from the firm has worked on as a basis for comparison to your situation. And while not always true, there is a perception of higher professionalism or more expertise with city firms.

However, many of these supposed positives do come with their share of negatives.

For example, the larger and more renowned a law office becomes, the less personal an attorney-client relationship may be.  It’s easy to become a number on a spreadsheet, as opposed to “John” or “Sally.”

A larger volume of cases may also mean your attorney does not have as much time to spend dedicated to you.

Why The Small-Town Attorney?

The “small-town attorney” provides several advantages, many of which you won’t see in commercials.

If they are local to you and your case, they will be familiar with the other attorney and the judges.  This can give a client and advantage in knowing likely events and outcomes. 

Because smaller firms tend to have a smaller caseload, your attorney will pay more attention to your case.

Another generalization that turns out to be true more often than not is that they will go above and beyond for their clients – they are your neighbor, your community member and will ensure you are taken care of.

Your local attorney often depends on word-of-mouth and direct referrals. That means they must hold themselves to a high standard of customer service and expertise; otherwise, they wouldn’t stay in business for long.

Marler Law Partners Brings The Best Of Both Worlds.

With offices in St. Louis and Southeast Missouri, Marler Law Partners can provide you with the best of both!

We have home-court advantage in Southeast Missouri but bring with us the expertise and professionalism of a big St. Louis firm.

You can rest easy knowing that you have multiple attorneys working for you, but you’re not just another name on our client list.

Need An Attorney In Southeast Missouri?
Contact Marler Law Partners Today For Your Free Consultation.

The post Big City Lawyers Or A Small Town Attorney? Why Not Both? appeared first on Marler Law Partners.