Friday, January 19, 2018

How to Avoid a Lawsuit Against Your Restaurant

Owning a restaurant can be an exhilarating experience. Bringing smiles to peoples' faces with your home cooked comfort food can be very rewarding. However, there are also certain legal liabilities that can come with owning a restaurant that you should be aware of. Protect yourself and your restaurant from the potential of being sued, by arming yourself with information. If you do happen to find yourself, as a restaurant owner, on the receiving end of a lawsuit, consult with an experienced lawyer at the Lake of the Ozarks. Here are a few potential legal liabilities you could run into when owning a restaurant.






3 Potential Legal Liabilities a Restaurant Owner Should Know


Liability # 1
Alcohol related issues
There are a number of alcohol related issues you can run into as a restaurant owner, if you serve alcohol, that could potentially result in you being sued. Some examples include:

  • Your customer becoming overly intoxicated and disturbing other customers
  • Customers driving home after being overserved
  • Serving alcohol to minors

One way to attempt prevention of customers driving home intoxicated is by posting local Taxi information.


Liability # 2
Food safety hazards
One of the worst things is a customer getting sick because your food wasn't prepared properly. If you have customers who either get sick or suffered from an allergic reaction from your food, you could be at risk of being sued for a large sum of money. Be sure your kitchen staff is highly trained and make certain your menu clearly states if an item contains possible allergens. There are different measures you can take that can make for a cleaner, safer restaurant. For example:

  • Make sure your trash is taken out regularly.
  • Enforce a hygiene policy to your employees.
  • Make sure your refrigerator is working properly.





Liability # 3
Employee safety hazards
Employee accidents happen. We are all human and no one is perfect. For example, you may have a prep cook cut himself while chopping vegetables or a hostess slip and fall on a wet floor. While nobody wants this to happen, the reality is accidents do happen. This is why it is so important to have Workers Compensation insurance for your employees. According to the Department of Labor and Industrial Relations:

"In the state of Missouri you are required to carry workers’ compensation insurance if you have five or more employees, unless you are in the construction industry, then you must carry workers’ compensation insurance if you have one or more employees. Employers that don’t have the required number of employees or who have employees in the exempt categories may “elect” to come under the law and carry workers’ compensation insurance. Exempt employers that decide not to purchase workers compensation insurance or to self-insure remain exposed to civil lawsuits brought by employees who are injured during work. Sole proprietors and partners are not themselves covered unless they elect to be covered; close family member-employees and members of a limited liability company are presumed to be covered unless they opt out."



Need Legal Protection from Your Restaurant Lawsuit?


If you are facing a lawsuit, as a restaurant owner, you should seek the legal guidance of a lawyer in Camden County who knows how to handle this sort of situation. The lawyers at Phillips, McElyea, Carpenter & Welch, P.C. have years of experience in helping businesses, both big and small, with all of their legal needs. We recognize that each business is unique and different, and we will take the time to learn about and understand your business so that we can provide the best possible services and solutions for your legal problem. For a free consultation, call our office at 573-346-7231 or visit us at 85 Court Circle N.W. in Camdenton.



Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
-(888) 236-2485 - Toll Free
(573) 346-4411 - Fax

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Friday, January 12, 2018

The Mardi Gras Pub Crawl (Don't Drink & Drive)

The Annual Mardi Gras Pub Crawl at the Lake of the Ozarks is only about a month away. This is one of the biggest parties at the Lake and Phillips, McElyea, Carpenter, and Welch would like to wish everyone a FUN, but SAFE time. Keep reading for more details about this fun event. Our lawyers at the Lake of the Ozarks will also highlight some consequences of drinking and driving. Be safe and have your transportation planned ahead of time.




Source: www.LakePubCrawl.com


The Annual Mardi Gras Pub Crawl at the Lake of the Ozarks


This exciting event will take place Saturday, February 17, 2018. The buses will start at 4 p.m. and there is a $10 charge for the wrist band. Your wrist band provides you with the following:

Entry to 17+ participating venues;
Unlimited entertainment – All locations will have band or DJ;
Bus transportation to all 17+ locations; and
Pick up and drop off at participating Hotels/Motels.

You may purchase a wrist band at one of the participating bars/restaurants, hotels/motels sponsors, or Sunshine Daydream on the Bagnell Dam Strip.

Here is a list of participating bars/restaurants:

Wobbly Boots
Wicked Willie’s
Tucker’s Shuckers
Arris’
Mexicali Blues
JJ Twigs
Tirebiters
Chevys
Lil’ Rizzo’s
SNAFU
Vista Grande
Inn at Grand Glaize
Lucky’s
Angelos

Here is a list of participating Motel/Hotels that are both on and off the bus route. Each of these locations will offer a special rate for the pub crawl. For more information, visit their website at www.LakePubCrawl.com/lodging.html.

On-Route Lodging

Baymont Inn & Suites
Days Inn
EconoLodge
Inn at Grand Glaize
Lake House Hotel
Quail’s Nest Inn & Suites
Quality Inn & Suites
Scottish Inns
Town & County Motel
The Lodge at Port Arrowhead

Off Route Lodging

Camden on the Lake
Lakeview Resort
Sleep Inn & Suites
The Lodge of Four Seasons
Lone Oak Point Resort
Osage National Golf Resort
Condos, Cottages, & Homes
Keys to the Lake
Ozark Yacht Club
Robin’s Resort
Southwood Shores

(There will be shuttle service to the Mardi Gras Pub Crawl to and from the Lodge of Four Seasons and Camden on the Lake.)

The entertainment schedule has not been announced yet, but check back on www.LakePubCrawl.com for more information as we get closer to February 17.




Don’t Drink and Drive


While you may be a local and plan to just drive home after riding the bus around, our attorneys in Camden County urge you not to. It is not worth getting a DWI or worse, injuring someone or yourself in the process.

According to the Missouri Department of Revenue:

“A first-time DWI or BAC conviction may result in a 90-day suspension. You may be eligible for a Restricted Driving Privilege (RDP)."

“If you are convicted of a second intoxication-related traffic offense, regardless of the length of time between convictions, you will typically receive a 1-year revocation for accumulation of points. If you are convicted a second time for an alcohol- or drug-related offense within a five-year period, you may also receive a 5-year license denial.”

“If you are convicted three or more times of an intoxication-related traffic offense, you may receive a 10-year license denial.”

Again, while we urge you NOT to drink and drive, mistakes happen. If you do find yourself getting a DWI, call a DWI lawyer at the Lake of the Ozarks. One of our experienced lawyers may be able to help minimize the damage to your driving record. You may call today at 573-346-7231 or stop by at 85 Court Circle N.W. in Camdenton for your free consultation.



Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax






Friday, January 5, 2018

Child Custody FAQ's

Going through a divorce can be tough, especially when children are involved. You could be worried about how the custody battle is going to go and whether or not you are going to get to spend enough time with your child. There are a lot of variables to consider when it comes to child custody cases. Our child custody lawyers at the Lake of the Ozarks are here to answer some frequently asked questions regarding child custody.




Child Custody FAQ’s


Q: How does the court determine custody of a child?

A: Ultimately, the court is looking at what’s in the best interest of the child. There are a number of factors that will typically play a part in the court determining who should receive custody of the child. For example, here are a few questions the court may ask in order to determine their decision.


  • Have either of these parents ever abused the child?
  • Can this parent financially provide for the child?
  • Depending on the child’s age, which parent would the child prefer to live with?
  • What do the parents wish?
  • Would the child have to move to a new city, school, and state? If so, what kind of impact is this going to have on the child? 


The court may also look into:


  • The medical history of both parents and the child;
  • The lifestyle the child currently has and whether or not they are happy with it; and
  • The willingness each parent has to co-parent with the other.


Q: Is it more likely that child custody will be granted to the mother over the father?

A: Typically, the court is required to grant custody in the best interest of the child, no matter what the gender of the parent is. Fathers could just as likely get custody of their children as mothers can, it all depends on the factors listed above and whether or not the parent has the time and capability to provide a good quality life for the child.




Q: What are the different types of child custody?

A: There are 5 terms used to describe child custody. They are:


  • Joint Custody is where custody of the child is split between 2 parents.
  • Sole Custody is where custody is awarded to just one parent.
  • Physical Custody refers to where the child physically resides.
  • Legal Custody refers to making decisions regarding the child’s upbringing and well-being.
  • Grandparent Visitation and Custody is where grandparents are seeking visitation or custody of the child, but the decision is still based on what’s best for the child.


Q: Is it possible that custody could go to someone who isn’t a parent?

A: Yes, in some cases another relative, such as grandparents, aunt or uncles may seek custody of the child. There are certain forms and procedures that typically need to be followed, but this is possible.


In Need of a Mid-Missouri Child Custody Lawyer?


We understand how hard it is to not know whether or not you are going to have enough time with your child. Child custody cases can be emotional and very stressful for the parents and the children. Don’t go through it by yourself, hire an attorney who can guide through this difficult time in your life. Our firm has an open door policy, and there is no need for a formal appointment for clients to stop by to discuss their legal needs. We are aware of the importance of good communication and we listen carefully to the needs of our clients, keep them informed, and return phone calls promptly. Stop in for your free consultation at Phillips, McElyea, Carpenter & Welch, located at 85 Court Circle N.W in Camdenton. 



Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax






Friday, December 29, 2017

What Can I Expect If I'm Hoping for Alimony?

Alimony, or spousal support, is known as the financial support one might get from an ex-spouse in result of a divorce. This money is an attempt to keep both parties “lifestyle” as close to the "lifestyle" they have grown accustomed to as possible.  However, you can’t just get alimony by asking, you have to qualify for it and it must be granted to you. An experienced divorce attorney at the Lake of the Ozarks can help you determine whether you have a good chance of getting alimony or not. Let’s look at what factors into being granted alimony in a divorce case.




How Do I Know if I Qualify for Alimony or Spousal Support?


When the court determines whether or not alimony should be granted, they are looking at a few different things:

Can the spouse wanting financial support, support themselves? 
Are they able to acquire a job on their own?
Did the married couple have a child who needs special attention? If so, would the primary caregiver/parent be able work outside the home?



If I am Granted Alimony, How Will the Court Determine How Much to Give Me?


The amount of spousal support or alimony that the court decides to grant you can be based on a number of factors, such as the financial resources the spouse requesting alimony has, how long will it take to get a job or education/training to acquire a job, their earning capacity, how long was the couple married and ages of the parties. The reason for looking at these factors is to determine how much alimony or spousal support the requesting or dependent spouse actually needs for necessary expenses rather than desires. These factors need to be evaluated in order to judge a fair amount of financial support.




Can My Alimony Ever Be Cancelled?


Yes, it is rare for alimony to be paid until death. In certain cases, the court may grant that, but typically not. There are modifiable and non-modifiable alimony agreements. Modifiable agreements allow the couple to come back and modify the alimony agreement if there is some sort of change in their lives that makes the original agreed upon alimony amount unnecessary, such as the dependent spouse getting a job that can support him or herself or remarrying. Non-modifiable agreements typically have a set end date and are meant to go on past events such as the spouse getting a new job. It will normally take a terminating event, such as remarriage for a non-modifiable agreement to end.

In Need of an Experienced Camden County Divorce Attorney?


Phillips, McElyea, Carpenter & Welch understands that the issues of each divorce are unique, our attorneys are able to plot a course based on the individual needs of the client. Mindful of the effect a contested divorce can have on children, we recommend mediation and settlement as an option that can lessen the emotional impact. We are not afraid to stand up for the rights of our clients in the courtroom, but we believe that every option should be explored to find a solution for you. Call our law office at 573-346-7231 for a free consultation.




Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax






Friday, December 22, 2017

Estate Planning Tips for Business Owners

You have put your whole life into your business. You don't want to leave it to someone you don't trust when you pass away. It's important that you have a plan put in place ahead of time. Our estate planning attorneys at the Lake of the Ozarks can help you create a will and make sure all your bases are covered. Here are some estate planning tips you can follow for your business.




Estate Planning Tips for Business Owners



Tip # 1


Create a will.


No matter what type of business you own, having a will created is a good idea. Even if you already have a will, make sure it's updated. A will allows you leave directions regarding who you want to leave your business to. When there is no will to refer to, your business is passed down to whoever the state law guides it to. If you don't have a will, then your business will typically go to close family members.




Tip # 2


Consider your taxes.


Many people don’t realize, but estate taxes can be as much as 50 percent or more of the value of the business. Further, once a business owner passes away, the tax burden may need to be remedied soon after the individual passing. However, there are certain tax breaks you can take advantage of as a business owner, so do everything you can to minimize your taxes. For more information on taxes for business, see the IRS website, https://www.irs.gov/businesses




Tip # 3


Make a succession plan.


A succession plan is basically a road map for your successor to follow when taking over the business. In addition to when a business owner passes away, succession plans come in handy when an owner retires or becomes incapacitated. A good succession plan should have the following:

Name your successor (this should be done at least 15 years before retiring)
A detailed training plan
When and how your successor will be taking control

If you have an efficient succession plan, then passing control to your successor should be seamless. An estate planning attorney in Camden County can help when creating this.




Tip # 4


If you don't have life insurance already, check into it.


It is very common for business owners to take out life insurance policies on themselves and make their partners beneficiaries. This can make it easier for the partner to buy out the owners shares when they pass away.




Tip # 5


Get your business's records in order.


Organize, organize, organize. We can’t say it enough. Be sure to keep the important records of your business organized, so that they are easy to access in the event of your passing. Important records can include insurance policies, your business plan, financial statements, and anything else you might find beneficial in the continuation of your business.



For many people, it may be unpleasant to think of what will happen after they die or if they become mentally or physically incapacitated. For this reason, they may find it easy to put more immediate concerns ahead of estate planning. There can be negative consequences to not having a valid estate plan. Your estate or business may be subject to higher taxes. Disputes may arise among heirs. Property becomes subject to division based on the interstate laws of the state of Missouri, not the wishes of the decedent. To get your estate plan in order, call Phillips, McElyea, Carpenter, & Welch at 573-346-7231 for a free consultation.




Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax






Tuesday, December 12, 2017

What To Do if You are Not Receiving Child Support around the Holidays

The holidays can be a season of joy, but it also can be a stressful financial time for single parents. You want to give your child the best Christmas possible, but if you are not receiving child support payments in a timely manner (or at all) during this time of year, you may be struggling to make the perfect Christmas a reality. Our experienced child support attorneys at the Lake of the Ozarks are here to give you some advice if you are not receiving your child support payments.



Possible Reasons for Delays in Child Support around the Holidays


A couple of reasons as to why you may be experiencing delays in your child support around the holidays specifically, can include:

The parent paying child support quit or lost his job in the holiday season.

If your co-parents wages were being garnished to cover your child support payments and all of a sudden you stop receiving payments, there’s a possibility that he or she either quit or lost his or her job.

Christmas Day and New Year’s Day don’t actually count as business or banking days.

If your child support payments are being automatically withdrawn and you are used to receiving them on the same day every month, but you experience a delay near the holiday that could be because banks are closed on Christmas Day and New Year’s Day. Be sure to plan ahead of time for that.




Source: https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-child-support-enforcement

According to Section 228 of Title 18, United States Code:

“It is illegal for an individual to willfully fail to pay child support in certain circumstances.”

“For one, an individual is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a court for a child who lives in another state, or if the payment is past due for longer than 1 year or exceeds the amount of $5,000.  A violation of this law is a criminal misdemeanor, and convicted offender face fines and up to 6 months in prison.”

“If, under the same circumstances, the child support payment is overdue for longer than 2 years, or the amount exceeds $10,000, the violation is a criminal felony, and convicted offenders face fines and up to 2 years in prison.”

“Lastly, this statute prohibits individuals obligated to pay child support from crossing state lines or fleeing the country with the intent to avoid paying child support that has either been past due for more than 1 year or exceeds $5,000. Any individual convicted of this crime may face up to 2 years in prison.”


Don’t Go Through a Child Support Dispute Alone.


Phillips, McElyea, Carpenter, & Welch are here to help you get the child support that you are owed. You depend on that support not only to give your child that fantastic Christmas they deserve, but to pay for every day needs that your child has. We are mindful of the fact that every case is unique and we can be there for you every step of the way. For a free 30 minute consultation, call our law office at the Lake of the Ozarks today.


Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax



Like Us on Facebook


Thursday, December 7, 2017

Get to Know YOUR Lawyer - Ronald Carpenter

Our Get to Know Your Lawyer blog series continues this month. Our law office at the Lake of the Ozarks is happy to feature Ronald Carpenter this month. Here at Phillips, McElyea, Carpenter, and Welch, we get to know our clients as we help them through serious legal issues. Read on to get to know one of our most experienced attorneys, Ronald Carpenter.



Get to Know YOUR Lawyer - Ronald Carpenter


Q: Where are you from?


A: My name is Ronald K. Carpenter and I was born in Ventura, California, on November 4, 1948. I lived in southern California until 1959 when my parents purchased a small resort on the Glaize Arm of the Lake of the Ozarks. My parents were unhappy with the smog and congestion in southern California and since they were both born in Missouri it felt natural to return to their roots.


Q: Where did you attend school?



A: I started attending the Camdenton R-III School system in the 6th grade in 1959 and graduated from high school here in 1966. I attended the University of Missouri from 1966 to 1973 receiving my B.S. in Forestry in 1971 and my Juris Doctor in 1973.


Q: What is your background in law?



A: Immediately out of law school I worked for one year in the Office of the Public Defender for the 20th Judicial Circuit west of St. Louis. On June 6, 1974, I began working for the law firm of Phillips & McElyea and I have been with the law firm now for over 40 years.


Q: What are your areas of practice?



A: My practice is concentrated in the areas of estate planning, business organizations, general real estate law and real estate development, probate administration, including guardianships and conservatorships, and civil litigation revolving around these areas of practice.


Q: Who is your family?



A: I married my high school sweetheart, Jo, on January 25, 1969, and we have now been married almost 50 years. We have two children, Amy and Doug, and three grandchildren.


Q: What are your interests outside of work?



A: My interests outside the office include golf, Mizzou Tiger sports, reading and spoiling my grandchildren.


Q: What community and professional organizations are you involved in?



A: I am active in several civic and community organizations including the Camdenton R-III Education Foundation (Past President of the Board of Directors), Dogwood Animal Shelter (President from 1976 to 2001), Camdenton Laker Athletic Boosters Organization, Camdenton Rotary Club, and Camden County Chapter of the University of Missouri Alumni Association. I am also a member of the following professional organizations: Camden County Bar Association, 26th Judicial Circuit Bench & Bar Association and the Missouri Bar Association.




We look forward to assisting you with whatever your legal needs may be. Our experienced attorneys in the Lake of the Ozarks area help clients through a wide range of legal issues. We are effective Camden County attorneys and we are there when you need us. To schedule a free 30 minute consultation, call our office at 573-346-7231.




Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.

We accept Visa, MasterCard, and Discover.

85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020   GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax



Like Us on Facebook