There has been a lot of talk lately about “do-it-yourself” lawyering (e.g., LegalZoom) and lawyers offering traditional services at deeply discounted rates. I think the old addage ”You get what you pay for” applies to these situations. While parties may consider many contract terms harmless and believe their agreements accurately represent their intent, having an experienced Kansas or Missouri business attorney review an agreement can pay huge dividends. Nevertheless, many individuals and companies still fail to consult an experienced attorney. In a recent Missouri court of appeals 
decision, one party learned the harsh reality of a poorly drafted contract.
In this case, Clean The Uniform Company St. Louis (“Supplier”) and Magic Touch Cleaning, Inc. (“Customer”) entered into a three-year rental service agreement whereby the Supplier would supply certain cleaning supplies to the Customer. The agreement provided that if the Customer terminated the agreement early, the Supplier would be entitled to certain liquidated damages. The agreement also provided, however, that the Customer could suspend the agreement without penalty ”in the event of interruption of service due to strikes, lockouts, and causes beyond Customer’s or Supplier’s control that affect Customer’s or Supplier’s business.” (emphasis added). [continue reading]
If the recent Kansas Court of Appeals’ opinion teaches us anything, it is that having an experienced Kansas estate planning attorney is a must in drafting a last will and testament. In re Estate of Leavey details a will execution gone horribly wrong.
In the case, Harriet Eggeson petitioned the court to admit the last will and testament of John F. Leavey. Unfortunately, the will was not signed by two witnesses, only by one. The witness line left blank was for no one other than the attorney who drafted the will. Eggeson argued that the attorney’s initials, which were on every page of the document, should suffice, but the lower court held, and the Court of Appeals agreed, that “Kansas statutes relating to the execution of wills must be strictly construed even though, in some rare situations, the intent of a testator may be frustrated.” “A witness’s initials in the bottom corner of every page of a document does not meet the attestation and subscription requirement . . . to be a valid will [under Kansas law].”
With the advent of “do-it-yourself wills” in a box and companies such as LegalZoom, this opinion should resonate with even the most casual purchaser of legal services. This case makes clear that strict compliance is the only way a last will and testament will be admitted for probate in Kansas. As the Court of Appeals stated (quoting two previous cases): [continue reading]
