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Effects of Divorce on Beneficiary Designations

Sometimes the unthinkable happens - a divorcing couple remains on civil terms. An ex-spouse might actually want to ensure the financial well-being of the other by agreeing that the other spouse will remain the designated beneficiary of a life insurance policy purchased during the marriage. Or, maybe such an arrangement is simply effected as part of a property distribution. The trick for the Missouri practitioner is to remember RSMo 461.051.

FDCPA Liability

The Fair Debt Collection Practices Act (FDCPA) was drafted to eliminate abusive, deceptive and unfair debt collection practices, and promote consistent state action to protect consumer debtors. Unfortunately, lawyers can often be unwittingly caught up in the Act, with potential consequences for themselves and their clients.

Issues to consider in Expert Witness Selection

Expert witnesses are a necessary function of what many attorneys do. In fact, it so an inherent a part of some practices that it can become tantamount to a reflex action. Like anything we do on a routine basis, it's good to step back and look at the process from its most elemental basis.

Avoiding Risks When Making Case Evaluations

An issue frequently confronted in the defense of a legal malpractice claim is the plaintiff's assertion that the defendant attorney would never have taken the underlying case if it had no value and/or that the attorney made statements to the client that the case had merit and a specific monetary value. However, the act of representing a client is not proof that, where negligence is found, proximate damages are a given.

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DISCLAIMER: The information in the articles was prepared by The Bar Plan Mutual Insurance Company for general information purposes, and should not be construed as legal advice or legal opinion with regard to any specific circumstance or set of facts. The reader must conduct independent research and analysis to determine all possible and appropriate legal and ethical constraints that might apply to the reader's situation and the best way to address each matter in the jurisdiction where the reader is located.

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