PMCW Law

As the best general practice law firm at the Lake of the Ozarks , we focus on helping clients navigate a wide range of legal issues. Whether you're starting a business, getting divorced, adopting a child, fighting a speeding ticket, defending against criminal charges, buying real estate or planning your estate, the team at Phillips, McElyea, Carpenter, & Welch, P.C. will be honored to do everything we can to help make your process easier. For those of you whom we have not yet had the privilege of working with, we want to take this opportunity to introduce you to our attorneys. We are privileged to have several great attorneys on staff: Charles E. McElyea, Ronald K. Carpenter, David T. Welch, and Brooke A. Christy. From left to right: David T. Welch, Brooke A. Christy, Ronald K. Carpenter, Charle E. McElyea Charles E. McElyea Charles has been practicing law at the Lake of the Ozarks since November of 1971. His practice areas primarily revolve around real estate mat...

Estate planning at the Lake of the Ozarks serves multiple purposes. Part of the goal is to identify what should happen to your assets and belongings after you pass away, and another equally important task is to dictate who should handle your affairs on your behalf if/when you are unable to do so for yourself. A delegate can be appointed to manage your aff airs while you are still alive through a "power of attorney". The attorneys at Phillips, McElyea, Carpenter, & Welch, P.C. are here to help you gain a better understanding of these roles so you can determine who you would like to fill them. Power Of Attorney The person you designate as your power of attorney will be responsible for handling your affairs or making important decisions on your behalf if and/or when you are unable to do so for yourself. Your power of attorney (sometimes called your "attorney-in-fact") will not necessarily have the authority to handle every single issue or decision; th...

People frequently talk about the importance of dedicating legal guardians to care for your minor children in the event that something should happen to you, but what about appointing someone to care for you if/when you become unable to care for yourself? Aging adults sometimes suffer severe mental or physical health issues that can prevent them from taking care of themselves or their affairs. When this happens, there may be a need for a capable adult to step in and manage these responsibilities on their behalves. An Overview Of Conservatorships A "conservatorship" is when a responsible, capable adult steps in to handle another's financial assets in the event that the latter is unable to do. If the aging adult has appointed a power of attorney, appointing a conservator may not be necessary; the power of attorney may step in and handles these responsibilities. Unfortunately, many adults have not talked with an estate planning attorney at the Lake of the Ozarks and ...

Due to its many complexities and intricacies, the legal field is surrounded by many myths and misconceptions. Last month, we looked at some of the common misconceptions about personal injury law and the truth behind them. This month, we're continuing the discussion by addressing some of the misconceptions surrounding criminal defense. Unfortunately, defending yourself in the face of criminal charges at the Lake of the Ozarks may not be as simple as you thought. Misconception #1: Police Officers Are Required To Reveal Their Identity If You Ask Them Some individuals believe that if they ask police officers whether or not they're a law enforcement officer, they are required to answer honestly. However, this often isn't the case. Most officers are allowed to withhold the truth if it will help them make an arrest. The argument that you cannot be held accountable because you did not know they were law enforcement typically will serve as a advantageous defense. Miscon...

As the owner of your new business, you are mostly responsible for your company's success. Your daily habits and business practices will directly impact the success of your company. As we enter into a new year, it is the perfect time to evaluate your current procedures and identify where to make improvements. As your trusted business attorneys at the Lake of the Ozarks , the attorneys at the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. are here to help you brainstorm some ideas for the coming year. New Year's Resolution #1: Only Keep Top-Performing Employees Your employees' behavior (like your own) directly impacts the success of your company. As we enter into the New Year, evaluate your employees' performance carefully. If you have one or two employees who consistently fail to meet deadlines and/or expectations, it may be time to consider letting them go. Removing under-performing employees from your workforce will make room for more top-pe...

Family traditions are some of the best parts about holiday celebrations. Every family has their own way of celebrating the holidays, but there are some traditions that are observed all across the United States. If you are looking for new traditions to make your own or simply a fun way to shake things up, the Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C. is here to help you plan a wonderful holiday celebration. Which one of  these family traditions  will you adopt? 1. Christmas Tree Shopping If you prefer a real Christmas tree over an artificial one, why not make the process of searching for the perfect tree a family event? Kick off your day with hot chocolate or apple cider and bring the whole family along to find your dream Christmas tree. Some Christmas tree farms offer other attractions that your little ones are sure to enjoy, such as sleigh rides or hayrides. 2. The Gift Of Giving There is a certain warmth and joy that comes from giving to othe...

How much do you know about the difference between mediation and litigation and the pros and cons associated with each? For those of you that missed our original blog post on this topic, mediation refers to the process of resolving a case outside of the courtroom and litigation refers to the trial process that occurs within the courtroom. Both mediation and litigation have their own set of advantages and drawbacks, but how do you know which route is right for your unique situation? Should You Pursue Mediation Or Litigation? Mediation has several attractive benefits that make it the first choice for many plaintiffs and their attorneys at the Lake of the Ozarks . For example, mediation is typically: Less stressful Less expensive Less time-consuming For these reasons, we often encourage our clients to pursue mediation if at all possible. When Is Litigation Necessary? That being said, there are certain legal situations that cannot be resolved via mediation . The L...