PMCW Law

Did you know that April is National Distracted Driving Awareness Month? Our attorneys at the Lake of the Ozarks are very aware. The Lake of the Ozarks attorneys at Phillips, McElyea, Carpenter, and Welch have helped several people who have had some sort of traffic violation on their record. Our lawyers in Camdenton are here to point out some BIG distractions drivers experience. If you find yourself needing a ticket removed from your record, contact an experienced Camden County attorney , call Phillips, McEleya, Carpenter, and Welch  today at 573-346-7231 for your free consultation. 7 BIG Distractions Drivers Face 1. Eating While Driving How many times have you looked over and you see someone chomping on a hamburger while driving down Highway 54? It happens. In today's busy world, people are multitasking and eating breakfast, lunch, and/or dinner on the road. However, eating while driving remains a top distraction for drivers and it can only take a few seconds for ...

Having a will is one of the most important things you can do for your family. Taking the time to have one drafted can save them time and stress in an already difficult situation. No one likes thinking about when they pass away, but the reality is having a will ensures your assets are left to who you intended to leave them to. However, you may not realize that there are actually some things you can't or just shouldn't leave in your will. Our estate planning attorneys at the Lake of the Ozarks are here to let you know what NOT to put in your will. If you do need assistance drafting your will, call Phillips, McElyea, Carpenter and Welch . Avoid Putting These Things in Your Will 1. Retirement Funds Whether you have a 401k, IRA or Pension, the funds from retirement accounts such as these go to whoever you named as a beneficiary or your spouse, (depending on the retirement account) when you pass away. Therefore, if you have designated an individual as beneficiary, you...

Non-profit organizations can serve such noble purposes, between helping mistreated children to providing shelter to the homeless. The people behind the non-profits in this area really make a difference in our community and it makes us proud to be part of the non-profit organizations we are in. Our attorneys at the Lake of the Ozarks have put together some guidelines to help those who are thinking of setting up a non-profit organization. If you are interested in starting a non-profit organization and want to know how to protect it legally, give Phillips, McElyea, Carpenter and Welch a call at 573-346-7231. The Legal Guidelines for Starting a Non-Profit Organization Guideline #1 Make sure to file your application for tax exempt status with the IRS. In order to be federally tax-exempt, you must file an application for exempt status with the IRS and your application must be approved.  This application tends to be long and tedious.  It is beneficial to have a tax expe...

Last month, we continued our blog series, Get to Know YOUR Lawyer, by featuring David T. Welch . This month, you will be getting to know YOUR lawyer, Charles E. McElyea, a little better. Here at our law firm at the Lake of the Ozarks , we get to know our clients. We are helping our clients with very personal issues, so we feel that it's important we get to know each other.  Get to Know YOUR Lawyer - Charles E. McElyea Q: What is your background in law? A: I have practiced law in the Lake of the Ozarks area since November of 1971. I joined the law firm of Phillips and Parrish after being discharged from the United States Army as a First Lieutenant. I am now the senior member of the law firm of Phillips, McElyea, Carpenter and Welch, P.C . Since November of 1971, I have been engaged in the general practice of law, handling cases in state courts and representing clients in a variety of civil matters. My practice areas include representation in real estate matters...

If you've ever spent time with an attorney at the Lake of the Ozarks or visited a law firm's website, you've probably heard or seen the words "mitigation" and "litigation" tossed around. Both are used in a legal cases, but what exactly do they mean? How are they different? The team at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. is here to help clear up this common point of confusion. LITIGATION Litigation refers to the scene most people imagine when they picture battling court cases. Litigation refers to the trial process - two parties and their attorneys vying for their unique positions in a courtroom, tried by either a judge or jury. Litigation is often extremely convoluted, time consuming, expensive, and - worst of all - unpredictable. Until the judge or the jury makes a decision about your case, neither party knows what the outcome will be. For these reasons, many people understandably attempt to avoid litigatio...

Have you or someone you know had the experience of being a party to a trial recently? People take cases to court for various reasons - when one has been injured at the the hands of another, when one has been stolen from, or when one feels he has been legally wronged by another. If the plaintiff (the party filing the lawsuit) take his case to court and wins, he may receive financial compensation for his injustices or injuries - sometimes to the tune of hundreds of thousands of dollars.  Of course, there is always the risk that he will not actually win his case. If he loses, not only will he not get financial compensation - he will be out hundreds or thousands of dollars in legal fees with nothing to show for it.  It should come as no surprise, that plaintiffs are highly motivated to win their cases. Defendants (the parties the action is filed against) also have a great deal of motivation, however, so it is important to approach your case strategically and with the help of an ...