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What is a deposition and how can I prepare for it?

A deposition is one-way parties in a lawsuit are able to obtain sworn testimony from individuals before trial. One way to consider it is like an interview under oath; the person being deposed (the deponent) is asked questions by the lawyers involved in the case. Depositions are recorded in writing by court reporters and are sometimes video recorded as well. Preparing for a deposition varies depending on the deponent’s role in the lawsuit, so it is a good idea to meet with a lawyer beforehand.

I didn’t do anything wrong. Why am I being sued?

Even if you believe you did not do anything wrong, being sued is no light matter. Get in touch with a lawyer as soon as possible to help you decipher the Complaint/Petition. A lawyer will ensure you do not miss any important deadlines and may be able to advise you on the next steps.

Why doesn’t your firm handle medical malpractice cases for the patient’s side?

Our firm has defended medical providers for decades. Rarely is there true negligence; rather, bad outcomes occur due to all of the variables involved in a person’s health and how the body responds to medical care, things usually beyond the control of the medical provider.

If it can be proven the medical provider acted with less than ordinary care, is that enough?

No. It still has to be proven the act which was done with less than ordinary care was causative of the injury.

Is a bad medical result equal to medical malpractice?

No. Kansas law requires there be proof the medical provider did not act with the skill ordinarily possessed by such providers. Essentially, it has to be proven the provider acted with less than ordinary care.

The person who sued me is still my patient. What should I do?

This is a difficult situation. Medical care providers like you may want to provide services to their patients but may not be completely comfortable doing so with a lawsuit by the patient pending against them. If you feel as though your relationship with your patient is stable, then you may be okay to keep them on as a patient. But you should be aware that some patients may use the continued relationship as a way to try to gather evidence to support their case or may remember or interpret things you say differently than you. In that case, it may be best for all involved for the patient to have another medical care provider. If you have any concern about keeping the patient as a client, you should assist the patient by referring them to another physician.

How much time do people have to bring a medical malpractice lawsuit?

You have until 2 years after the act giving rise to the cause of action first causes substantial injury. If the fact of injury is not reasonably ascertainable until sometime after the initial act, then you have 2 years after the fact of injury becomes reasonably ascertainable.

How long does a medical malpractice lawsuit last?

If the case does not get resolved before trial, typically around 2 years from filing of lawsuit to end of trial.

How often do medical malpractice lawsuits go to trial?

The vast majority do not go to trial. However, medical malpractice lawsuits tend to go to trial more often than other civil cases.

What happens if someone dies without a will?

When a person dies without a will (intestate), their assets are distributed according to intestacy laws. Typically, this means a spouse and children inherit first, followed by other close relatives. The court will appoint an administrator to manage and distribute the estate, which can sometimes lead to unintended outcomes for the deceased’s heirs.

How long does the probate process take?

The length of probate varies depending on the complexity of the estate and whether there are disputes among heirs. On average, it takes between nine months to over a year. However, if there are complications such as will contests or creditor claims, it can take significantly longer.

What is probate, and when is it required?

Probate is the legal process of administering a deceased person’s estate, ensuring that debts are paid and assets are distributed according to their will (or state law if there is no will). Probate is typically required when the deceased owned assets solely in their name without designated beneficiaries. However, smaller estates (less than $75,000) or those with assets in trusts or joint ownership may bypass probate.

The person who is suing the company is still our employee. What should we do?

Retain all documentation and records your company has (electronically or otherwise) regarding that specific employee. Consult with an employment law attorney before making any decisions regarding that employee’s status with the company, changes to their pay, or other employment modifications.

I have a severance agreement that my employer wants me to sign within 21 days. How do I know whether I should sign?

Our attorneys can review the proposed agreement and explain the terms to you. If the attorney suggests different languages, you have the option of having them contact your employer or helping you to suggest revisions yourself.

What does it mean that Kansas is a right to work state?

It means that unless you have a contract (preferably in writing), the law assumes you can quit anytime and that your employer can fire you at any time for any reason or no reason. There are exceptions, though. You cannot be fired for your race, ethnicity, gender, health (assuming you can perform the essential functions of your job or another open position), age, or in retaliation for filing a workers’ compensation claim or for claiming unlawful employment discrimination or a wage and hour claim. In other words, if you don’t have a promise otherwise from your employer, they can fire you without violating the law unless you come within one of those exceptions. Our lawyers can help you figure out whether any of the exceptions apply.

Is it worth fighting an unemployment claim if I get denied?

It depends on where you are in the process. In the first go round, the Kansas Department of Labor may deny your claim so that it can hear evidence between you and your employer. At that stage, if you have a reason to dispute your employer’s account of what happened, you need to request a hearing. If you have already had a hearing, it is unlikely you can challenge the finding. This is why it is important to hire an attorney immediately if you want to challenge the denial of your unemployment claim.

I have done my own inspection of the commercial real estate. Do I need a lawyer to help me with any due diligence?

After you have identified your desired real estate, our lawyer can assist you with the drafting of a purchase agreement that includes the opportunity to conduct due diligence inspections of the property and matters affecting the property. Once your purchase agreement is executed, we can assist you with locating experts to help you with physical inspections of the property (including on-site inspections, surveys and environmental studies) and financial inspections if necessary related to the operation of the property. Moreover, your lawyers can be critical to a review of your title commitments and related matters to ensure that you are obtaining a marketable interest in the property, as well as investigating liens, encroachments, restrictions and zoning matters to ensure that you can develop or operate the property to achieve your desired outcome.

I want to buy an operating business that includes real estate.  What are the differences if I do a stock sale versus an asset sale?

Through a purchase of business assets or the stock or membership interest in a company, a buyer can normally obtain the necessary rights to take over the operation of a business as a new owner. With an asset sale, the entity that operated the business before closing continues to be owned by the same sellers it had prior, but continues without any or limited assets, and the assets themselves get sold to a new entity owned and controlled by the buyer. With a stock or membership interest sale, the person owning all the stock or membership interest in a company that operates a business sells that stock or membership interest to the buyers, and the buyers continue to operate that entity as new shareholders or members. There are both risks and benefits to each type of sale. But if the assets include real estate, the buyer should certainly consider obtaining title insurance to cover the risks of adverse interests in the real estate. Whether you are receiving a deed to the real estate in an asset sale, or the membership interest in the company that owns real estate, local title companies are able to issue policies of insurance to cover the risk of adverse interest.

My seller is willing to help finance the purchase of his commercial real estate. What is the difference between an outright sale and a contract for deed?

If you are buying a piece of real estate – whether it be commercial or residential – on “contract for deed”, “installment sales contract”, or “rent to own”, you are ordinarily not receiving legal title to the property at that time. In those situations, the seller retains legal title to the property until all payments are made, and at that time would
execute some form of deed on the property to you as the buyer. In those instances, we can assist you with creating agreements to escrow the deed and providing for protections for the equity you are acquiring in the property. In an outright sale, the seller conveys the property to you by deed at closing. In those instances, the risk of obtaining title is
reduced. If a seller wants to help finance the property and you want to obtain legal title at closing, we can help create a promissory note and a mortgage to secure the repayment of the loan.

Can I sue for defamation? It may depend on who said it.

In civil litigation, I get calls from people who believe they’ve been defamed—by a coworker, a journalist, or someone online. We walk through the elements: Was it a false fact? Did they know or have reason to know it was false? Was there actual harm? Is it more like an opinion or political speech?

But here’s one they never expect:
If a federal employee defamed you—even if it cost you your job—can you sue?

The answer is no. Not even with a strong case.

In Brown v. United States, Case No. 25-2222-KHV (D. Kan. June 10, 2025), a federal employee allegedly made false statements that got the plaintiff’s security clearance revoked and led to over $100,000 in lost wages. But because the statements came from a government employee acting within the scope of her duties, the claim was barred.

Key takeaway: The federal government is immune—even from egregious accusations. The Federal Tort Claims Act specifically excludes defamation.

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