Webinar Time: 12:00–12:50 p.m.

Location: Zoom

Please join your Kansas and Missouri Bar colleagues for a complimentary CLE webinar: The Lawyer’s Duty to Report Misconduct

Sponsored by Joseph, Hollander & Craft LLC

Approved for 1.0 hour of ethics CLE credit in Kansas & Missouri

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Resources

• • PARTICIPATION GUIDE

Program Description

Guest speaker Stan Hazlett, former Kansas Disciplinary Administrator, will present with Professor Hoeflich a comprehensive examination of the rules of professional responsibility and the lawyer’s ethical obligation to report professional misconduct. This duty to report is fundamental to upholding the integrity of the profession. Participants will learn what level of knowledge and types of misconduct triggers a mandatory report. The program will equip participants with information needed for compliance with the technical rule requirements, but also provide nuanced guidance to assist navigating ambiguous situations to minimize disciplinary exposure for failure to report.

Webinar Instructions (Registration, Participation, CLE Credit)

Notice to first-time participants and any who have previously encountered technical or credit-related issues: This webinar will be hosted via Zoom. To ensure a smooth experience and CLE credit eligibility, please review our Webinar Participation Guide and follow the instructions closely. Failure to do so may prevent you from joining and/or receiving participation credit for this webinar.

About the Presenters

Stanton A. Hazlett | Attorney, Stevens & Brand LLP

Stan Hazlett graduated from Kansas University in 1974, and Washburn University Law School in 1977. He engaged in a small firm general practice until 1986. In 1986, he accepted a position in The Office of the Disciplinary Administrator as a Deputy. That office investigates and prosecutes ethical complaints against Kansas attorneys. In 1997, the Kansas Supreme Court appointed Hazlett to the position of Disciplinary Administrator. He retired from that job in 2021. Hazlett is presently Of Counsel to the firm of Stevens & Brand in Lawrence, handling attorney discipline and admission cases.

Dr. Michael H. Hoeflich | Distinguished Professor of Law, The University of Kansas School of Law

Michael Hoeflich holds degrees from Haverford College, Cambridge University, and Yale Law School. He taught at the University of Illinois from 1980–1988, was dean of the Syracuse University College of Law from 1988-1994, and was dean at the University of Kansas School of Law from 1994–2000. Hoeflich is the author or editor of more than 25 books and 149 articles. He previously served as the director of the M.S. in Homeland Security: Law & Policy degree program at KU Law. He is the principal investigator on a five-year, $1.5 million Intelligence Community Centers for Academic Excellence grant to the University of Kansas. In 2021, Hoeflich was the recipient of a Higuchi-KU Endowment Research Achievement Award, the state higher education system’s most prestigious recognition for scholarly excellence. Hoeflich received the Balfour Jeffrey Award in Humanities & Social Sciences for his significant research contributions to legal history and ethics.

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JHC offers free CLE programs tailored to members of the Kansas and Missouri Bars at least quarterly. Visit our Ethics page for more information and to subscribe to our email news list, which receives CLE invitations and our monthly ethics newsletter.

The post The Lawyer’s Duty to Report Misconduct: a Free CLE Webinar appeared first on Home.

Professor Michael H. Hoeflich, PhD, Editor-in-Chief
Carrie E. Parker, Legal Editor
Luzianne Jones, Design & Publishing Editor

PUBLISHED BY: Joseph, Hollander & Craft LLC

PUBLICATION DATE: July 31, 2026

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 7

FEATURE ARTICLE: Loyalty & Discretion

Many lawyers will be surprised to be told that the term “loyalty” does not actually appear in the text of the Rules of Professional Conduct. It does appear in several explanatory comments, but not in the text of the actual Rules.

Loyalty is probably most commonly considered with regard to conflicts of interest. Indeed, Comment 1 to KRPC 1.7, Conflict of Interest: Current Clients, invokes the term immediately, stating:

. . .

READ THE FULL ARTICLE

NEW AUTHORITY: New York on AI Use

As of June 1, 2026, lawyers practicing in the New York State Unified Court System are governed by a new rule regarding the use of artificial intelligence (AI). After months of deliberation and consultation, the Unified Court System adopted 22 NYCRR Part 161.

It begins with a general statement of policy:

It is the policy of the Unified Court System that the use by attorneys and parties of artificial intelligence tools in preparing papers submitted to a court should not be prohibited, as long as such use is in accordance with the duties and responsibilities that apply to individuals who submit papers to a court. Since those duties and responsibilities already apply to all submissions, regardless of whether AI tools were used, attorneys and parties should not be required, upon submitting papers, to disclose to the court that they have used AI in the preparation of such papers.

The order also includes a model rule, which New York judges may use in whole or part:

Every attorney or party who uses an artificial intelligence (AI) tool in preparing any paper submitted to this court is expected to understand that tool’s capabilities and limitations. Attorneys and parties need to be aware that AI tools, among other risks and limitations, can generate fabricated information or fictitious citations to authority (commonly known as hallucinations). Under existing authority, by signing a paper and submitting it to this court, an attorney or party certifies that the paper does not contain any false material factual statement or any frivolous legal argument Cree, e.g, 22 NYCRR 130-1.1, 130-1.1a), and an attorney who submits any paper to this court is additionally bound by the Rules of Professional Conduct. Accordingly, any attorney or party who uses an artificial intelligence tool, as defined in 22 NYCRR 161.2(a), in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this court or served on another party in a case before this court is required to carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material. By signing such paper, an attorney or party certifies that such a review has been conducted and that the paper contains no such fabricated or fictitious content. If this court determines that this requirement has not been satisfied, such attorney or party may be subject to sanction or other remedial action.

A number of provisions of this model rule are quite important. First, and most basic, every lawyer is expected to understand that AI is far from perfect and that hallucination are common. Therefore, every attorney practicing in New York, by submitting a document to a N.Y. court certifies that it is free of hallucinations or “fictitious citations.” Second, the model rule also makes it clear that submission of a document with hallucinations to a party before the court will also bring sanctions. Finally, the court makes a point to say that this rule is based on “existing authority,” so lawyers cannot argue that the Court is making a new rule.

While 22 NYCRR Part 161 only applies to practice in the state of New York, it undoubtedly will have a major impact on state and federal courts looking to develop appropriate regulations for AI in their own jurisdictions. It is, therefore, something every lawyer should study.

ETHICS & MALPRACTICE RESEARCH TIP: New Article on Legal Malpractice & Ethics

David A. Grenardo, “Why Civility?” 57 U. Tol. L. Rev. 421 (2026).

In spite of efforts over the past two decades to improve civility at the Bar and reintroduce a sense of collegiality among lawyers, the issue remains difficult and unresolved. In this article, Professor of Law & Associate Director of the Holloran Center for Ethical Leadership in the Professions at University of St. Thomas School of Law David Grenardo highlights experiences that illustrate both the importance of civility and the costs of incivility.

A BLAST FROM THE PAST: From the Not so Distant Past: Preamble to the Rules of Professional Conduct

Lawyers should always remind themselves of the Preamble to the Rules of Professional Conduct. There is wisdom contained therein:

Many of a lawyer’s professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession’s ideals of public service.

— Model Rules of Professional Conduct: Preamble & Scope, 7.

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 7

About Joseph, Hollander & Craft LLC

Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 26 attorneys covers a lot of ground, both geographically and professionally.

We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.

When your business, freedom, property, or career is at stake, you want the attorney standing beside you to be skilled, prepared, and relentless — Ready for Anything, come what may. At JHC, we pride ourselves on offering outstanding legal counsel and representation with the personal attention and professionalism our clients deserve. Learn more about our attorneys and their areas of practice, and locate a JHC office near you.

The post Legal Ethics & Malpractice Reporter, Vol. 7, No. 7 appeared first on Home.

Author: Professor Michael H. Hoeflich, PhD, Editor-in-Chief

Legal Editor: Carrie E. Parker

This article is featured in Volume 7, Number 7 of the Legal Ethics and Malpractice Reporter, published July 31, 2026.

Many lawyers will be surprised to be told that the term “loyalty” does not actually appear in the text of the Rules of Professional Conduct. It does appear in several explanatory comments, but not in the text of the actual Rules.

Loyalty is probably most commonly considered with regard to conflicts of interest. Indeed, Comment 1 to KRPC 1.7, Conflict of Interest: Current Clients, invokes the term immediately, stating:

Loyalty and independent judgment are essential elements in the lawyer’s relationship to a client. Concurrent conflicts of interest can arise from the lawyer’s responsibilities to another client, a former client or a third person or from the lawyer’s own interests.

But conflict analysis is not the only place for loyalty in legal ethics.

The obligation of loyalty to one’s client is one of the underlying principles of most of the Rules found in the Code. It dates back, in its most extreme form, to a statement by Lord Brougham during his defense in the English Parliament of the Case of Queen Caroline in 1820:

…[a]n advocate, by the sacred duty of his connection with his client, knows, in the discharge of that office, but one person in the world, that client and none other. To save that client by all expedient means-to protect that client at all hazards and costs to all others, and among others to himself-is the highest and most unquestioned of his duties; and he must not regard the alarm, the suffering, the torment, the destruction, which he may bring upon any other; nay, separating even the duties of a patriot from those of an advocate, he must go on reckless of the consequences, if his fate it should unhappily be, to involve his country in confusion for his client.

This statement is probably one of the most extreme positions to be taken on the duty of loyalty owed by a lawyer to her client.

In contrast to Lord Brougham’s extreme position, the Rules of Professional Conduct take a substantially softer approach. For example, Comment 1 to KRPC 1.3, Diligence, explains:

A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and may take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor.

A lawyer should act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf. However, a lawyer is not bound to press for every advantage that might be realized for a client. A lawyer has professional discretion in determining the means by which a matter should be pursued. See Rule 1.2.

(emphasis added). This requirement of diligent advocacy is worlds away from Brougham’s concept of diligence, especially since it leaves a great deal of discretion to a modern lawyer as to how far to go in the representation.

This difference between Comment 1 to Rule 1.3 and Lord Brougham’s ideal of total loyalty is more than a history lesson. It reflects a significant change in perspective regarding what role a lawyer is meant to occupy. It is also gaining importance as judges are speaking out against lawyers and litigants bringing litigation for political purposes or to harass others without any real expectation of winning–or to gain some advantage separate from the claims made in the case. Often, this type of litigation is brought with the knowledge that a settlement would be preferable for the defendant than a long, drawn-out expensive suit with negative publicity.

Like Federal Rule of Civil Procedure 11(b), many Rules of Professional Conduct are designed to stop such litigation. KRPC Rule 3.3 prohibits frivolous lawsuits:

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

However, laws are rarely so clearly drafted that frivolity of a claim is beyond contestation. Indeed, Comment 1 to KRPC 3.1 is quite sensitive to this fact:

The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, establishes the limits within which an advocate may proceed. However, the law is not always clear and never is static. Accordingly, in determining the proper scope of advocacy, account must be taken of the law’s ambiguities and potential for change.

A good lawyer can often press a claim or defense that borders on abuse of process which, while not brought for the purpose of adjudicating a real dispute, is pursued for other external reasons—such as publicizing a cause or gaining notoriety.

Judges are rightly hesitant to declare such borderline cases frivolous or sanction lawyers in such circumstances. In essence, a lawyer being asked to bring or defend litigation that is borderline is left to her own judgement and discretion whether to take the representation on. This exercise of judgement is extremely important for the lawyer and the system of justice.

Why would a lawyer take on a questionable, borderline case?

The most obvious answer is money. Only corporations, well-funded not-for-profits, and wealthy individuals will bring an expensive lawsuit with little hope of winning. Litigation is almost always quite expensive, and if the target of the litigation lacks the resources to adequately defend, they will often simply settle to avoid the costs of defense. From the lawyer’s perspective, taking on such a case will be profitable. It may also bring in a new client with a real possibility of repeat business or referrals to others; the networking and financial benefits may be great for the lawyer.

Another reason may be that the party seeking representation is a past or present client and refusal to take the dubious case might result in the loss of the client. If a client provides a major source of a firm’s or lawyer’s business, then the possibility of losing that client becomes quite problematic and may incline the lawyer to take on the dubious matter.

A third possibility is that the case, albeit dubious, provides the potential for publicity for the lawyer or law firm. If the case is potentially a high-profile case that will attract media attention, a lawyer may well decide that the representation is worth the exposure, even though the case may not be popular.

Still, when taking on a dubious representation, the lawyer must ensure that she honestly and independently explains the downside of the matter to the client:

In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.

KRCP 2.1.

From the lawyer’s perspective, Rule 1.2(c) provides a “safe harbor” that taking on the representation does not reflect the lawyer’s personal beliefs:

A lawyer’s representation of a client, including representation by appointment, does not constitute an endorsement of the client’s political, economic, social or moral views or activities.

This may protect the lawyer from some degree of public criticism, but that does not mean that negative public opinion will disappear. Nor does it mean that members of the judiciary and the Bar will approve of a lawyer taking on the case in the first place. A lawyer who takes on a dubious case which pushes the boundaries of FRPC 11(b) or KRPC 3.3 and can always claim that, when the law is ambiguous, her ethical duties do not proscribe the representation. But Rule 1.2(c) is not a miracle cure for reputational damage.

When lawyers take on dubious cases, they not only must calculate the personal risk that they may cross disciplinary lines and the reputational risk that the case may alienate future potential clients, but they should also consider what risk they pose to the credibility of the legal system. When the public witnesses dubious cases and questionable courtroom tactics, many blame the system as well as the lawyers involved. This endangers the judicial system’s legitimacy.

READ THE FULL ISSUE OF LEMR, Vol. 7, No. 7

About Joseph, Hollander & Craft LLC

Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 25 attorneys covers a lot of ground, both geographically and professionally.

We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.

When your business, freedom, property, or career is at stake, you want the attorney standing beside you to be skilled, prepared, and relentless — Ready for Anything, come what may. At JHC, we pride ourselves on offering outstanding legal counsel and representation with the personal attention and professionalism our clients deserve. Learn more about our attorneys and their areas of practice, and locate a JHC office near you.

The post Loyalty & Discretion appeared first on Home.

Marisa A. No

Marisa No assists clients with family law matters including divorce, paternity, child custody, child support, spousal maintenance, guardianship, and adoption.

Read More →

For many divorcing parties, the end of the marriage comes long before the divorce papers are filed. Spouses looking to separate prior to filing may find themselves wondering whether it’s wise to leave the marital home before seeking a divorce. There are potential consequences to moving out that you need to consider.

Retaining an experienced family law attorney can help you decide what is best for you and your family during this season of change. Connect today with the Kansas City law firm of Joseph, Hollander & Craft.

Should You Move Out Before Filing for Divorce?

The decision to move out prior to filing for divorce can be tempting. Well before court papers are filed, both spouses have likely realized that divorce is on the horizon. There are many reasons that either of them may want to leave the marital residence, such as a desire for peace or to begin a new chapter of life.

But before you decide to move out, it’s important to discuss the matter with a Kansas City divorce lawyer. Your lawyer can help you weigh the benefits and drawbacks of leaving your home and how it could affect your pending divorce matter.

What Happens If You Move Out of the Marital Home?

Moving out of the marital home could have consequences for several issues that will arise later in your divorce, including:

• Reduced parenting involvement: If the parent who leaves the home will have less daily interaction with their child, this may allow the parent who stayed in the home to argue that they have played a more significant role in raising the child, which strengthens their custody argument.
• Ongoing financial obligations: The bills for the home, including the mortgage and utilities, don’t go away just because you leave. A judge may order you to pay temporary support so your spouse can meet these obligations.
• Establishment of a status quo: A pattern may emerge early in the separation period with respect to both spouses and their relationship to each other and their children.

Does Moving Out Mean You Give Up Rights to the House?

Moving out does not typically negate a spouse’s right to ownership of the marital home, since it will be considered marital property subject to an equitable distribution. But it may affect your rights in other ways:

Courts may consider, as one factor, who is maintaining the property, and who is paying the mortgage, taxes, and utilities. If one party allows the property to fall into a state of disrepair, or fails to timely make payments, there may be detrimental impacts to their ability to argue that the property should be set aside to them.

Courts will also consider ability to afford to maintain the residence by oneself. If one party cannot afford to refinance the marital home, or to pay for the mortgage with their salary alone, for example, then setting aside the home to that party may not necessarily be feasible. A family law attorney can help you better understand how the court may view your unique situation.

If you desire to either keep the marital residence or to use it as leverage in divorce negotiations, don’t leave it without talking to a lawyer first.

What About “Abandonment” in Kansas or Missouri?

Kansas and Missouri are no-fault divorce states, so the issue of abandonment does not directly affect a spouse’s right to divorce and does not preclude a party from arguing that they have some interest in either the ownership of, or equity in, a marital home.

Who Pays the Bills After One Spouse Moves Out?

Although the spouse who stays in the marital home may initially pay the mortgage, utilities, and other bills to avoid foreclosure and related problems, this could quickly change. That spouse may go to court and ask for an order requiring the spouse who left to be responsible for these obligations. The spouse who leaves may have to pay for two separate residences: their new one and the one they left behind.

When It Makes Sense to Move Out Before the Divorce Process Is Final

While the above reasons are examples of how moving out can hurt a spouse, there are times when leaving is more reasonable than staying. Some examples include:

• High conflict: If your spouse is making life unbearable, then for your own well-being you may look to leave.
• Abuse and violence: Spouses who are being abused or subjected to domestic violence in the marital home may have to leave for their safety.
• Career opportunities: Moving out may be necessary for you to take a job offer or advance your career.
• Both spouses want it: The spouses may mutually agree for one to stay and one to leave the marital residence. If this is possible, consider speaking with an attorney about entering a separation agreement, which can resolve matters of distribution of assets and debts, spousal support, and more.

How to Protect Yourself Before Moving Out

Before moving out during divorce, it’s important to understand how the court process may affect your finances and custody arrangements in the early stages of your divorce case. Courts may enter temporary court orders governing parenting time, child support, use of the marital home, and responsibility for ongoing expenses. These temporary decisions can influence the direction of the case moving forward.

• Document everything: Make copies of documents related to your mortgage, utilities, bank accounts, and other financial matters, such as: bank statements, tax returns, mortgage records, retirement account information, insurance documents, and other records related to marital assets or debts.
• Hire an attorney: Speak with a Kansas City family lawyer before you make a decision. The right attorney will explain more about your options and any possible repercussions for leaving versus staying, based on your specific case.
  • Speak with your attorney about whether you should continue paying certain household expenses after moving out. Courts may expect one or both spouses to continue paying the mortgage, utilities, insurance premiums, or child-related expenses until a final agreement or court order is entered. Making informed decisions early can help you avoid unnecessary financial and legal complications later in your case.

Speak With a Kansas City Divorce Lawyer Before Moving Out

Divorce is never easy, and each decision you make can have lasting consequences. Make an informed choice about leaving the marital home and other issues by speaking with a knowledgeable divorce attorney. Reach out to Joseph, Hollander & Craft today. Our firm has offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita.

The post Moving Out Before Divorce in Kansas City appeared first on Home.

Reviewed by an Award-winning attorney at Joseph hollander & Craft

Marisa A. No

Marisa No assists clients with family law matters including divorce, paternity, child custody, child support, spousal maintenance, guardianship, and adoption.

Read More →

What Is a Guardian ad Litem in a Custody Case?

Child custody cases are often contentious, as parents clash over competing ideas of how to raise their child. Unfortunately, the child often gets caught in the middle. And while the parents will make their case about what they believe to be in the child’s best interests, if parties are in disagreement as to what that is, the court may determine that it needs the assistance of a neutral third-party perspective to help decide what is in the child’s best interests. This is where the judge may appoint a guardian ad litem.

Also known as a GAL, the guardian ad litem is typically an attorney who is chosen specifically to advocate for the child. The GAL will investigate certain matters related to custody and then make a recommendation as to what is in the child’s best interests and what they believe the judge should include in their orders. Put another way, the guardian ad litem is the formal advocate for the best interests of the child.

The GAL exists because judges have to make child custody decisions that are in the best interests of the child. And while there may be attorneys representing the parents who advocate for their client’s position regarding what they believe is in the best interests of the child, the guardian ad litem acts as an impartial representative for the child, specifically. Their goal is to help the court fully consider the welfare of the child before making any decisions.

When Is a Guardian ad Litem Appointed in Kansas City?

In both Kansas and Missouri, there are situations in which the court may appoint a GAL and others in which the court must appoint a GAL. When appointment is discretionary, the final decision is left to the judge’s assessment of the facts. When appointment is mandatory, however, the judge does not have discretion if the statutory criteria are met.

Discretionary: The court may appoint a GAL

In both states, the court has the option to appoint a guardian ad litem in either divorce or child custody cases involving, for example:

• Contested custody or visitation disputes
• Relocation disputes between the parents
• Claims that one parent is interfering with the other parent’s relationship with the child
• Claims that one parent is harming the child’s welfare
• Issues involving instability, parental unfitness, or parenting ability
• High-conflict litigation

Mandatory: The court must appoint a GAL

In Missouri, allegations of child abuse or neglect require the judge to appoint a guardian ad litem. This appointment alone does not prove the allegations to be valid, but raising these allegations does obligate the GAL to step in.

In Kansas, allegations of abuse or neglect in an ordinary family court case, such as a divorce or paternity action, do not necessarily require the court to appoint a guardian ad litem. Still, judges retain the discretion to do so. Kansas distinguishes ordinary family court custody cases from child protection proceedings. In cases that are brought pursuant to the Kansas Code for Care of Children, which are essentially cases involving a child in need, the court must appoint a GAL.

What Does a Guardian ad Litem Actually Do?

Whether your case is in Missouri or Kansas, the role of the guardian ad litem is largely the same. The GAL has the duty to do the following, among other tasks:

• Conduct interviews
• Investigate the facts that are relevant to the child’s welfare
• Investigate claims of abuse, neglect, parenting ability, and safety issues
• Review school, medical, counselor, and other records pertaining to the child
• Observe and make notes about the interactions and relationships between the child and their parents
• Appear and participate in child custody proceedings
• Make recommendations to the judge about custody and visitation

Just as well, a parent should understand what a guardian ad litem does not do. The guardian ad litem is more than simply a messenger for the child. For example, the child may tell the GAL that they prefer to live with a particular parent. But the GAL, upon thoroughly investigating the case, might not make this recommendation to the judge. The GAL’s duty is ultimately to advocate for the child’s welfare and recommend that which is in the child’s best interests.

How Guardians ad Litem Gather Information

A guardian ad litem conducts an independent investigation into the child’s situation before making any recommendation to the court. The purpose of this process is to help the judge better understand the child’s needs, relationships, and overall welfare in cases involving custody disputes and other family law matters.

Gathering information often involves interviews with parents, minor children, teachers, counselors, medical providers, and other family members who play an important role in the child’s life. Depending on the circumstances, the guardian ad litem may also review school records, medical records, and other documents relevant to the custody evaluation.

In some cases, the guardian ad litem may conduct home visits to observe the child’s living arrangements and interactions with each parent. These visits are not designed to punish or intimidate parents. Rather, they allow the GAL to better understand the child’s daily routine, home environment, and overall stability in both parents’ homes.

Depending on the child’s age and maturity, the GAL may consider the child’s wishes in issuing their recommendation. However, the guardian ad litem’s role is broader than simply repeating what the child wants. Their responsibility is to provide independent representation focused on the child’s best interests.

The information gathered during the investigation may ultimately influence custody arrangements, parenting plan recommendations, visitation schedules, and other court decisions involving the child.

Does a Guardian ad Litem Decide Custody?

No, the guardian ad litem does not decide custody matters. That power belongs solely to the judge. The GAL assists with the judge’s decision-making by presenting important information and advocating for the child’s best interests. But the judge always makes the final decision.

In practice, however, a judge is likely to give considerable weight to the GAL’s opinion. That’s because guardian ad litem is viewed as an extension of the court, conducting investigations to aid in the judge’s determinations regarding the child’s wellbeing. A guardian ad litem does not advocate for either of the parents, they advocate for the child’s best interests alone. Courts value guardians at litem not only for their input but for their independence. Understanding how judges make child custody decisions can help you and your attorney be prepared if a guardian ad litem is named.

What Does a Guardian ad Litem Look For?

Conducting an investigation is one of the most fundamental tasks that courts expect guardians ad litem to carry out. During this stage, the GAL will be looking for:

• Threats to the child’s safety: Anything presenting an immediate or potential risk to the child’s safety or health should get the GAL’s attention. While risks may come directly from either parent, they need not. For instance, the GAL will identify friends or associates of either parent who threaten the child’s well-being.
• Emotional health: The guardian ad litem also wants to know more about the people and things that either threaten or enhance the child’s emotional health. This may include the parents’ understanding of the emotional needs of the child and their ability to provide for those needs.
• Parenting ability and caregiving skills: Identifying the respective parenting abilities and caregiving skills is another duty. How does each parent balance their work, home, and social lives, for instance? Does either parent demonstrate unique strengths or weaknesses in meeting the child’s basic needs? The guardian ad litem will answer these and similar questions.
• The child’s daily routine and needs: The GAL can’t totally understand which parent has more caregiving ability without knowing the child’s routine and needs. The GAL will therefore examine the child’s life to get a general idea of what happens each day. The child’s academic, medical, and social needs are also relevant.
• Cooperation between the parents: This is an important matter because judges expect and desire both parents to work together for the benefit of the child. If one parent is more amenable than the other to compromise, negotiation, and cooperation, this could fare better for them in the final custody decision.
• The child’s relationship with both parents: In child custody cases, parents often present their best sides to the judge. That includes highlighting evidence which shows a strong and positive relationship between them and the child. However, the guardian ad litem needs to take an independent look at this relationship.
• Evidence of abuse, neglect, or domestic violence: Included here, primarily, is anything that indicates that either parent has either actively abused or failed to meet the basic needs (e.g. food or shelter) for the child. Additionally, any evidence of domestic violence which indirectly involves the child may be relevant.
• Substance abuse or mental health problems: If either parent shows evidence of unmanaged drug or alcohol abuse or mental health issues, this could undermine their parenting ability. The point of bringing these matters to the court’s attention is not to attack either parent, but to protect the child. To the extent that the child shows evidence of these problems, the GAL will identify them as well.
• The child’s living arrangement: Parents are expected to provide a stable, consistent living environment for the child. The GAL needs to know how well both parents can meet this objective. For instance, can the parents each ensure the child has a safe, clean bed to sleep in each night?
• Academic performance: The child’s performance in school is always a concern for the judge. To that end, the GAL will investigate whether parents can get the child to school on time, ensure the child successfully completes their homework, and help the child perform well on tests.

Can You Challenge a Guardian ad Litem’s Recommendation?

Yes, and that’s one of the reasons it is so important to have an experienced family law attorney representing you in a custody case. Your attorney’s role is to protect your parental rights and interests throughout the legal proceedings, which may include challenging the guardian ad litem’s findings or recommendations to the court.

Although judges often give significant weight to a guardian ad litem’s opinion, the GAL’s recommendation is not automatically accepted without scrutiny.

In some cases, your attorney may identify flaws or gaps in the guardian ad litem’s investigation. For example, the GAL may have failed to interview a teacher, coach, counselor, or another person who plays an important role in the child’s life. Your lawyer may also present contrary evidence to challenge the GAL’s conclusions, including testimony, records, or other information relevant to the child’s best interests.

Finally, your attorney may be able to raise applicable legal standards and argue that the guardian ad litem’s recommendation does not fully align with the factors the court must consider when making custody decisions. While the GAL serves an important role in cases involving custody disputes, their recommendation is only one part of the larger court process. The judge always makes the final decision.

Legal Counsel That Kansas City Parents Can Trust

Having a guardian ad litem appointed in your custody case may cause apprehension, which is why you need the steady guidance of an experienced family law firm. Get in touch with Joseph, Hollander & Craft. For your convenience, we have offices in Kansas City, Lawrence, Overland Park, Topeka, and Wichita.

The post What a Guardian ad Litem Does in Kansas City Custody Cases appeared first on Home.

Reviewed by an Award-winning attorney at Joseph hollander & Craft

Marisa A. No

Marisa No assists clients with family law matters including divorce, paternity, child custody, child support, spousal maintenance, guardianship, and adoption.

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What Happens to Health Insurance During the Divorce Process?

Under Missouri law (RSMo § 452.317), your existing insurance plan is protected during the entire divorce process. Neither spouse has the legal right to cancel the other’s health care coverage from the date of filing the initial divorce petition through to the final divorce degree. If your spouse threatens to do so, contact a divorce attorney who can assist you in seeking relief. A Missouri spouse who cancels existing health, dental, or vision insurance coverage for the other spouse or any minor children may be held in contempt of court and be ordered to pay fines and, in extreme cases, even face jail time. They may also be ordered to pay for lapsed coverage expenses such as retroactive premiums or health care costs.

In Kansas, family law courts can issue temporary orders that protect the stability of your health insurance plan. Kansas temporary orders can prevent either party from making changes to a shared health insurance policy throughout the pendency of the divorce litigation.

What Happens to Health Insurance After Divorce?

Health plans are a considerable expense for many families. Because of this, your Kansas City family law attorney can include the cost of insurance in divorce negotiations. Health insurance costs can be part of the spousal support conversation moving forwards, especially if one spouse is employed in a significantly different capacity than the other, or one spouse has a serious condition that requires a certain primary health insurance plan. Health insurance costs will also be taken into account in a parenting plan. If one parent’s insurance is better suited to a child’s needs, they may ask to account for this expense as part of their child support payments. In any event, a court will generally seek to include in a parenting plan information regarding which parent is to provide coverage for the child, and how such costs are to be allocated between the parents.

Some spouses consider alternatives to divorce, such as legal separation, for just this reason. If you choose to separate, you do not have to approach the matter as a simple relationship discussion. There are additional legal protections and considerations in place for Kansas couples who choose to live apart and still remain married. Legally separate couples can have a court-approved separation agreement that handles frequent friction points like property division, spousal support, and child custody. While neither spouse can legally remarry during a period of separation, this allows both a higher degree of autonomy and boundaries in a marriage that is mutually beneficial in some ways, but does not function in others.

Speak with a Kansas family law attorney if you are considering divorce vs. separation, and are unsure about what would be best for you and your children. A family law lawyer can advise and assist you with either process and ensure that your interests are protected regardless of what you choose. At Joseph, Hollander & Craft our focus is on serving your needs to the best of our ability, to the fullest extent of the law. Other firms may leave options on the table, but our family law division takes a holistic approach to every client’s case.

Can You Stay on Your Spouse’s Health Insurance Plan After Divorce?

Once the divorce decree is issued, you will need to find your own insurance plan. After a divorce is finalized the insurance company will no longer consider you to be their legal dependent. Therefore, even if the divorce is amicable you will not be able to remain on your ex-spouse’s plan.

COBRA Coverage After Divorce

COBRA coverage offers Missouri and Kansas residents the option for temporary continuation of their current coverage after a divorce is finalized. COBRA allows for continuing coverage for up to 36 months on your ex-spouse’s employer’s plan. You must file for COBRA Wrap-Around coverage within 60 days from legal separation, or the entry of the decree of dissolution of the marriage. COBRA eligibility terminates when the qualifying ex-spouse turns 65. Your former spouse’s employer must have over 20 employees enrolled in order to be eligible for COBRA coverage after a divorce.

While COBRA is a lifeline for some, many find the full cost to be too expensive. You will be responsible for your own premium as well as administrative expenses.

Other Health Insurance Options After Divorce

You will most likely need to obtain health insurance after a divorce. Finding a new health insurance plan involves assessing your medical needs, degree of risk, as well as income level. Some coverage options for a new health insurance plan include:

• Health Insurance Marketplace: Under Healthcare.gov rules, divorce is considered one of the qualifying life events to enroll in marketplace health insurance. ACA plans are an affordable option for many seeking an individual policy.
• Employer sponsored health plan: If you are already employed, you can enroll in your company’s plan during the special enrollment period triggered by divorce.
• Private insurance plans: Private insurance plans are a health insurance coverage option for many with complex needs or who require ongoing medical support. Private coverage can be expensive, and so the cost of enrollment should factor into the conversation with your attorney as part of your financial needs after a divorce.
• Medicaid or state programs: If you have experienced job loss as well as divorce, there may be state programs that can provide a safety net. In both Kansas and Missouri, your income will be reevaluated without the addition of your ex-spouse’s earnings. Without their income being held against you, you may be eligible for Missouri Medicaid (MO HealthNet) or Kansas Medicaid (KanCare).

Health Insurance for Children After Divorce

Which parent’s insurance a minor child will stay on is one important question for divorcing spouses. Family law court is designed to protect the best interests of a minor child. Therefore, the court may order that one parent maintain coverage for a child if they have access to a private plan through their employer at a reasonable cost. Just because one parent has a superior health plan does not mean that they are entitled to sole medical decision-making rights or custody over a child. If you are concerned that your spouse’s healthcare plan may tip the scales in their favor during a custody battle, contact a family law attorney.

Child support payments can be negotiated to include the cost of health insurance. Deductibles, co-pays, and non-covered medical expenses can all also be factored into the overall settlement that you reach during a divorce. These expenses can be amended as children age and as new medical needs arise, but you may need to request a modification through the court system. For instance, Kansas Child Support Guidelines specify both the 6th and 12th birthdays as milestones when children tend to require higher costs for care. As a child ages or as your income changes, you may need to work with a family law attorney again to request a modification of child support orders.

For parents who do not have access to private plans, federal-state match programs like CHIP (Children’s Health Insurance Program) can close the gap. CHIP is designed for uninsured children (under age 19) whose household income is too high to qualify for state assistance like MO HealthNet or KanCare, but too low for private health plans. For instance, in Missouri, a household may be able to make up to 300% of the Federal Poverty Level (FPL) and still qualify for CHIP benefits.

Avoiding Gaps in Health Insurance During and After Divorce

1. Evaluate your medical support needs. Consider what kind of insurance plan is best suited to your unique situation. If you are currently receiving specialized care or have certain pre-existing conditions, COBRA coverage may be the best option to allow you to continue with your treatment in the short term. In some cases these costs can be covered by your former spouse under a divorce settlement.
2. Discuss health insurance as part of the co-parenting plan with your spouse, whenever possible. You will need to develop and present a proposed parenting plan to the court that describes how you will share childcare responsibilities, including medical appointments and child health insurance coverage.
3. Enroll in a new plan using divorce as a qualifying event. Under the ACA as well as most private employer’s plans you will be able to meet a special enrollment period after a divorce. Pay attention to the requirements involved, as you will need to file within a certain timeframe to ensure continuing coverage.
4. Contact an attorney to help with your divorce. New insurance coverage is a significant expense that may be accounted for in your divorce settlement. A family law attorney will be able to advise you about alimony options or child support payments. If your spouse has threatened your access to healthcare, canceled your coverage, or is otherwise using the cost of insurance against you, contact a family attorney at once.

You have rights under Missouri state law that protect your healthcare coverage throughout the entire divorce process. Your spouse can be ordered to make payments and even be held in contempt of court if they are in violation of these state protections.

Contact Our Kansas City Divorce Attorneys for Help

Ensuring you have access to insurance after divorce is a primary concern when it comes to safeguarding your well-being. If you have questions about protecting your and your child’s healthcare during a divorce, as well as what to do afterwards, contact Joseph, Hollander & Craft. Our family law attorneys are located in Kansas City, Lawrence, Overland Park, Topeka, and Wichita and are licensed to assist you with matters in both Kansas and Missouri.

The post Health Insurance After Divorce in Kansas and Missouri appeared first on Home.

Retaining the right legal counsel is important. Not all law firms are equipped to handle the nuances of professional licensure as it intersects with DUI arrests and charges. However, Joseph, Hollander & Craft represents clients in both criminal defense and licensure defense matters. We know the rules that govern license holders, and we understand the criminal statutes in both Kansas and Missouri. Let us develop the most optimal strategy for protecting your license today.

Potential Outcomes for DUIs

A DUI arrest can lead to both criminal and professional repercussions for licensed professionals. As for the criminal matter, you could face monetary fines, jail time, and driver’s license suspension, among other penalties. Although these can be serious disruptions to your life, their effects may not be as extensive as the administrative consequences.

Among the professions listed below, the outcome of a DUI conviction may vary. In other words, how a DUI impacts your profession depends on which industry you are in. Notably, the professional licensing boards in Kansas and Missouri (e.g., for medical professionals, the Kansas State Board of Healing Arts and Missouri Board of Healing Arts) largely treat DUI convictions the same.

Our firm is able to help members of the following professions, and others, who are facing DUI or DWI charges.

Medical Professionals

Licensing authorities are largely concerned with healthcare professionals’ impairment and substance abuse problems as they may affect patient care and public safety. A first-time DUI conviction could trigger an investigation, administrative hearing, and, in some cases, treatment and monitoring programs.

Legal Professionals

For legal professionals like lawyers and paralegals, even a first-time DUI conviction may warrant disciplinary attention. Harsher penalties can follow anything that harms a client (e.g., failing to show up in court due to a DUI or other problems with alcohol). If there is a pattern of alcohol-related misconduct, long-term monitoring and treatment should be expected.

Financial Professionals

This category includes accountants, financial advisors, real estate agents, and insurance brokers. A conviction for a DUI can potentially raise questions about the person’s professional judgment. This is because clients often rely on these professionals for serious transactions. However, as with most professionals, the repercussions are typically most rigorous when there is evidence that a DUI or alcohol use has directly harmed a client.

What About Repeat or More Serious Offenses?

Repeat offenses could cause more problems than isolated issues. A pattern of misconduct will certainly raise suspicion about the professional’s ability to make critical judgments affecting the lives and well-being of patients, clients, and others who rely on them.

If there are more serious circumstances attached to the DUI, like bodily injury or leaving the scene of an accident, these could make the outcome of a professional licensing matter worse. Felony DUI convictions will also have more serious repercussions. As with all DUI cases in both criminal and administrative matters, the specific facts of your case are relevant.

Even if you are only facing a first-time DUI charge or conviction, you should never assume that your licensing board will overlook the matter. Talk to our law firm to be on the safe side.

Mandatory Reporting Requirements for Licensees

Many licensing boards require licensees to affirmatively report criminal convictions, even for misdemeanor DUIs. It may be an ongoing duty or something that professionals must do during their license renewals. But the obligation can vary depending on the profession and the details of the conviction.

DUI Defense Strategies Tied to Licensing Risks

It should be stressed that the impact of a DUI arrest or conviction on your license will depend heavily on the unique facts of your case. If you have been charged or convicted, you should seek legal representation immediately. Joseph, Hollander & Craft practices both criminal defense and professional license defense, which means we are a one-stop law firm that is ready to assist you. Here are some defense strategies we may employ in your matter:

• Working to avoid a conviction: Obviously, it would be best if you are not convicted of a DUI to begin with. Our DUI defense lawyer will explore all legal avenues to avoid a conviction, such as challenging the prosecution’s evidence and seeking dismissal of the charges if the circumstances allow.
• Working to reduce DUI charges and contest non-DUI charges: If a conviction of some sort cannot be avoided, it may be possible to at least reduce the charges. Likewise, if the licensee is facing non-DUI charges, we can seek a dismissal, reduction, or acquittal, as the facts dictate.
• Suppressing evidence: This has the benefit, primarily, of possibly helping you avoid a criminal conviction. We caution that suppression of evidence in your criminal proceedings doesn’t automatically guarantee that information will not be conveyed to your licensing board.
• Challenging the evidence: Apart from working to suppress evidence, we can also challenge its reliability and relevance. For example, the results of a field sobriety test may be admissible in court, but we can still potentially raise questions about it. The evidence and testimony that are produced on your behalf during trial could help you in subsequent disciplinary proceedings.
• Considering early assessment and treatment: Being proactive is always a positive approach when it comes to defending one’s license. We can review your criminal case and determine if it would be in your best interests to participate in substance abuse counseling, treatment, or diversion and alcohol education programs. This could later signal to your licensing board that you’ve recognized the seriousness of the DUI and have accepted responsibility for it.
• Emphasizing mitigating factors: These may include the absence of prior offenses, no prior licensing board actions, and community involvement. We can also emphasize your professional accomplishments, community service, character references, and compliance with court requirements.
• Separating the DUI from your professional life: A DUI should not define you, and we will work to isolate it from your professional life. For instance, we may be able to show that no misconduct occurred at work, that no clients or patients were harmed, and that the DUI had no effect on your professional conduct or the discharge of your ethical duties.
• Assisting with mandatory reporting: If your arrest or conviction is such that you must report it to your licensing board, we can handle this step. We will work to timely report the incident to the proper authorities, include supporting documents, and provide supplemental materials like an explanatory statement.

Immediate Steps for Licensed Professionals Facing Criminal Charges

If you are facing criminal charges, the decisions you make next could shape your professional future for some time. We advise that you do the following:

• Retain an experienced attorney immediately to discuss both the criminal and professional aspects of your case.
• Work with your attorney to disclose the charges to your licensing board, if necessary.
• Preserve all documents related to the DUI, including tickets, charging documents, and court notices.
• Compile any relevant evidence, even if you believe it makes you look guilty (an example might be a receipt from a bar showing how much alcohol you consumed prior to the traffic stop).
• Follow all court orders, bond conditions, and administrative requirements from your licensing board.
• Avoid discussing your charges with colleagues, family members, and friends–including on social media.
• Consider, with input from your lawyer, participating in treatment programs.
• Develop a comprehensive legal strategy with respect to both criminal and administrative matters.

Contact Joseph, Hollander & Craft Today for Help

Are you facing DUI charges, or have you already been convicted? The time is now to protect both your freedom and your license with help from Joseph, Hollander & Craft. Our legal team can examine the facts surrounding your DUI and then walk each step with you through a personalized plan that seeks the most advantageous results. We have offices in Kansas City, Lawrence, Overland Park, Topeka, and Wichita for your convenience. Call or contact us today.

The post Can a DUI Affect Your Professional License? appeared first on Home.

2026 Super Lawyers:

• Christopher Joseph – Criminal Defense – Topeka, KS / Lawrence, KS
• Julia Craft – Family Law – Wichita, KS
• Dionne Scherff – Criminal Defense – Overland Park, KS
• Jess Hoeme – Criminal Defense – Wichita, KS
• Diane Bellquist – Administrative Law – Overland Park, KS
• Ardith Smith-Woertz – Family Law – Topeka, KS
• Christine Rosengreen – Family Law – Kansas City, Missouri
• Christopher McHugh – Civil Litigation: Defense – Overland Park, KS
• Lindsey Erickson – Criminal Defense – Overland Park, KS

2026 Rising Stars:

• Carrie Parker – Criminal Defense – Lawrence, KS
• Rylee Broyles – Family Law – Wichita, KS
• Hannah Wittman – Family Law – Lawrence, KS
• Ashley Franden – Family Law – Overland Park, KS
• Jordan Massey – Family Law – Wichita, KS
• Mackenzie Orchard – Family Law – Wichita, KS
• Kylee Tokoi – Family Law – Lawrence, KS
• Marisa No – Family Law – Kansas City, Missouri
• Courtland Triplett – Family Law – Overland Park, KS
• Samantha Fisher – Administrative Law – Overland Park, KS

About Joseph, Hollander & Craft LLC

Joseph, Hollander & Craft is a premier law firm representing criminal, civil and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our growing team of 25+ attorneys has you covered. We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for victims of trucking collisions and those who have suffered traumatic brain injuries due to the negligence of others. We fight allegations of professional misconduct against doctors, nurses, judges, attorneys, accountants, real estate agents and others. And we represent healthcare professionals and hospitals in civil litigation.

Please follow us online: Facebook | LinkedIn | Instagram

The post 19 Joseph, Hollander & Craft Attorneys Honored by Missouri & Kansas Super Lawyers for 2026 appeared first on Home.

Christopher M. Joseph

Christopher (Chris) Joseph represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts and in complex civil litigation. Chris leads the firm’s criminal defense, asset forfeiture, and judicial discipline practice groups. As JHC’s Managing Member, Chris embodies the firm’s motto: Ready for Anything.

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Receiving a federal grand jury subpoena can cause a great deal of apprehension. The government’s interest in you may not be immediately clear, but the implications could be serious. Understanding the nature of the subpoena and why you received it is paramount to protecting your rights and interests.

One of the most important steps you can take is to retain experienced legal counsel. It’s time to speak with a federal criminal defense lawyer from Joseph, Hollander & Craft.

What Is a Federal Grand Jury Subpoena?

A grand jury subpoena is a legal order that requires an individual to appear before a federal grand jury. The purpose of the individual’s appearance is usually to present testimony, provide documents, or both. The outcome of a grand jury could lead to the filing of federal criminal charges, including against the person who receives the subpoena.

Numerous federal law enforcement agencies may be involved in a federal investigation that results in a grand jury subpoena. Federal law enforcement agents often spend months gathering evidence, interviewing witnesses, reviewing records, and building a potential criminal prosecution before issuing subpoenas.

Depending on the nature of the alleged federal offense, the investigation could involve:

• Federal Bureau of Investigation (FBI),
• Drug Enforcement Administration (DEA),
• Homeland Security Investigations (HSI),
• Internal Revenue Service Criminal Investigation Division (IRS-CI), or
• Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

A subpoena may seek documents, electronic records, business information, or witness testimony connected to alleged fraud, drug offenses, healthcare crimes, public corruption, financial misconduct, or other federal felony allegations. In Kansas City and throughout Missouri and Kansas, these investigations are often prosecuted aggressively in federal court.

Even if you believe you are only a witness and not the target of a criminal investigation, it is important to remember that the government’s position can change during the course of a federal investigation. Before responding or producing grand jury information, you should speak with an experienced federal criminal law attorney who can protect your constitutional rights and advise you on the best course of action.

Why You May Have Received a Subpoena for a Grand Jury

Numerous individuals may receive a grand jury subpoena, and they usually fall into one of three categories in relation to a federal crime.

A witness is someone who is believed to have observed information relevant to the commission of a crime or who has personal knowledge about it.

A subject is someone whose actions are within the scope of the government’s investigation.

A target of an investigation is the individual against whom prosecutors believe they have significant evidence of a crime.

Your actual status may or may not be disclosed, so it is never safe to assume.

What to Do Immediately After Receiving a Subpoena in Kansas City

The steps you take after you receive a federal grand jury subpoena could have lasting implications for your rights and interests. We suggest you do the following:

• Retain legal counsel: Do not communicate with investigators or prosecutors before speaking with an attorney. If anyone contacts you about the subpoena, refer the inquiry to your lawyer.
• Avoid discussing the matter: Do not talk about the subpoena with friends, coworkers, or family members. Communications with your attorney are privileged, but most other conversations are not.
• Review the subpoena carefully: The subpoena should explain what is being requested. Your lawyer can help you understand the scope of the request and any deadlines involved.
• Preserve relevant records and communications: Do not delete, destroy, alter, or conceal documents, emails, text messages, or financial records that may relate to the investigation. Your attorney can advise you about what must be preserved and produced.
• Track all deadlines: Federal subpoenas typically include strict compliance deadlines. Although your lawyer may be able to seek an extension or modification, you should calendar all dates immediately.
• Follow your attorney’s guidance: Your lawyer may identify grounds to modify or quash the subpoena, limit the scope of production, or protect privileged information through a court order if necessary.

Why You Want to Hire a Kansas City Federal Criminal Defense Attorney

Federal grand jury subpoenas are serious, so they demand a serious response from you and your attorney. Failure to apprehend the potential ramifications could cause you serious legal, financial, and personal harm. The good news is that an experienced attorney can assist you. These are a few reasons to hire a lawyer right away:

Federal criminal cases are complex

Depending on the nature of the alleged crime, one or several federal agencies or departments could be involved in the investigation. These matters may therefore implicate several different statutes and the court opinions that interpret them. They also involve sentencing guidelines and procedures that most laypersons are unfamiliar with. Our firm has extensive experience representing clients in some of the most complex federal crimes.

An attorney can protect you at all stages

Many individuals unknowingly incriminate themselves, fail to assert their rights and privileges, or think they can explain away conduct that is connected to a criminal investigation. Our skilled federal defense lawyers are attuned to all of these matters and understand how to approach your defense strategically.

Early intervention is always best

Retaining a knowledgeable law firm early can make a substantial difference in your case. It is far easier to effectively negotiate with prosecutors if you hire an attorney sooner rather than later. Your lawyer can clarify misunderstandings and potentially even narrow the scope of the subpoena, which in the long run can better protect you. It may even be possible to prevent charges from being filed against you if you act early. We work on these and other fronts for our clients.

Negotiating reduced charges and plea bargains

The right attorney may be able to negotiate a plea agreement with prosecutors which results in reduced charges. It might be possible for you to cooperate with investigators in exchange for leniency. Your lawyer can also seek alternative resolutions and affect sentencing recommendations. But as with all work your attorney does, it’s strongly advised that you engage in this process early. Our firm explores all possibilities and helps clients make informed choices concerning their legal strategy.

Sentencing can be severe

Compared to their state counterparts, federal sentences often involve mandatory minimums, hefty monetary fines, and immigration consequences. Asset forfeiture, supervised release, and negative repercussions for your professional life are also highly probable. We can explain these to you in detail and then develop a customized approach to mitigate your risks.

What a Federal Grand Jury Subpoena Requires From You

You must appear at the designated courthouse, on the correct date and time, and testify truthfully under oath. Since grand jury proceedings are secretive, your lawyer will not be present during the actual testimony. But you may be permitted to leave the room and consult with your attorney about specific questions.

The subpoena may require you to produce numerous documents such as emails, texts, financial and business records, photographs, and more. Understanding the scope of the subpoena is important so you know what exactly to present during the grand jury.

The subpoena will include deadlines and detailed instructions for compliance. It may specify exactly how certain information, especially electronic data, is to be produced. Following these instructions is important to avoiding sanctions and contempt.

Your Rights and Protections Under Federal Law

Federal grand jury subpoenas are powerful, but not unlimited. You have rights and protections that need to be observed and protected. Some examples include:

• Fifth Amendment right against self-incrimination: You are generally protected against giving testimony that incriminates you.
• Attorney-client privilege: Communications between you and your lawyer concerning the subject matter of the grand jury subpoena are protected. The government therefore cannot force you to divulge privileged legal advice.
• Work product doctrine: Materials that your lawyer prepares in anticipation of litigation or for purposes of legal strategy may be protected under the work product doctrine. However, there are some limitations to this, and your lawyer can explain them.

Responding to a Document Subpoena

When responding specifically to a subpoena for documents, also known as a subpoena duces tecum, you need to observe these requirements:

Collect all documents and consult your attorney

Collect everything that is relevant to the subpoena’s requests, including documents you think may be included. Consult your attorney to make sure you are complying without producing documents that are not required to be turned over to the grand jury.

Withhold and redact as allowed by privilege

You are allowed to withhold and redact portions of documents to protect attorney-client and work product privileges. Your lawyer will assist with this. You may need to maintain a privilege log of anything withheld and maintain unredacted copies of all documents.

Preserve evidence

This is an ongoing obligation. You should not destroy, alter, conceal, or delete material that may be relevant to the grand jury subpoena. It’s also a good idea, even after the grand jury process is complete, to continue preserving evidence for at least some period of time. Your lawyer can advise you about this.

Protect confidentiality

You may be required to turn over documents which include the confidential and private information of other persons. If you are a fiduciary, this will be of particular concern to you. Your attorney can help ensure that you abide by your fiduciary duties in accordance with the law.

Preparing for Federal Grand Jury Testimony

If you have been ordered to give testimony to a grand jury, work with your attorney to prepare as follows:

1. Have your lawyer clarify the scope. Your attorney will try to determine what the government’s investigation concerns and what topics prosecutors are likely to ask about. Your lawyer may also explain the potential criminal exposure for you.
2. Review documents to refresh your memory. This may include documents you do not necessarily have to produce. These records can help you recall important details so you give accurate testimony.
3. Discuss privileges and protections. Talk to your lawyer about attorney-client and work product privileges and Fifth Amendment protections beforehand. Your lawyer can possibly provide examples of questions which may improperly ask you to break these privileges and protections, and then explain how to assert your rights.
4. Practice answering questions. Your attorney can prepare likely questions you will receive and help you answer them in a way that doesn’t unnecessarily expose you. For instance, you need to only answer the question asked and not volunteer irrelevant information.
5. Tell the truth. Above all, you must testify truthfully. But remember, this does not mean you have to give information that is not required or asked of you.

Can a Grand Jury Subpoena Be Challenged?

There are ways to challenge a grand jury subpoena. Generally, we will attempt to negotiate with the prosecutor in the hopes of limiting the scope and breadth of the subpoena. Your attorney can guide you as to whether any privileges or protections apply, and then act accordingly to either quash or modify the subpoena.

How a Federal Grand Jury Subpoena Can Escalate

You should understand that even if you are merely a witness for a federal grand jury subpoena, the situation can quickly become more serious. Here are some possible ways:

• Transition from witness to subject or target: How you respond to the subpoena, or what you say or produce to the grand jury, could change you from a witness to a subject or from a subject to a target.
• Parallel civil or regulatory exposure: In addition to creating criminal exposure, what you say or produce could lead to the government taking civil or regulatory action against you.
• Potential charges: Perhaps the most serious outcome of a federal grand jury is an indictment or criminal complaint. At this stage, the government is actively prosecuting you.

Contact Joseph, Hollander & Craft in Kansas or Missouri

The decisions you make upon receipt of a federal grand jury subpoena will have immediate consequences for your life and your future. Make the smart choice by hiring knowledgeable criminal defense representation. Contact Joseph, Hollander & Craft today. We have offices in Overland Park, Lawrence, Kansas City, Topeka, and Wichita for your convenience.

The post What to Do After a Federal Grand Jury Subpoena appeared first on Home.

Professor Michael H. Hoeflich, PhD, Editor-in-Chief
Carrie E. Parker, Legal Editor
Luzianne Jones, Design & Publishing Editor

PUBLISHED BY: Joseph, Hollander & Craft LLC

PUBLICATION DATE: June 30, 2026

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 6

FEATURE ARTICLE: Money, Money, Money

The Rules of Professional Responsibility do not say much about lawyer compensation. Rule 1.5 requires that fees charged to clients be either reasonable or not unreasonable depending upon each jurisdiction’s wording of the Rule. Of course, fees charged to clients are intimately related to lawyers’ ultimate compensation. But the Rules don’t say anything specific about salaries.

Over the past quarter century, lawyer compensation has increased enormously. In 1979, when I began to work full time at Cravath in New York City, I earned $30,000 per year with the possibility of a small bonus (in my case, $3,000). In today’s money, that $33,000 is worth $151,000. In 1979, Cravath and the larger New York City firms generally paid lawyers more than most other firms (a few boutiques firms paid a bit more,).

The salaries for associates at the largest American law firms have recently just been announced. First year Cravath associates will now be paid a base salary of $235,000 per year. Indeed, the new big firm associate salary scale, according to Larson Maddox, is:

. . .

READ THE FULL ARTICLE

AUTHORITY: Capacity Conflicts

In its Ethics Opinion 2026-2, the Alaska Bar Association has again raised interest in a subject that pops up in lawyers’ minds every few decades: the “capacity problem.” The capacity problem occurs when lawyer caseloads get so great that they produce an ethics problem. Whether because of economic pressure on lawyers to bill more or government lawyers who are assigned excessive workloads while dealing with staffing shortages, many lawyers can find themselves overwhelmed. Sometimes, the demands are so significant that lawyers are unable to represent their clients with the competence demanded by Rule 1.1 or unable to devote sufficient time to their clients as required also by Rules 1.3 and 1.4.

It could be said that Rule 1.7(a)(2) addresses this specifically:

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(2) there is a substantial risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

The reasoning behind classifying a workload overload under Rule 1.7(a)(2) is the concept that, when one has too many clients to handle them all competently, then the lawyer is, in fact, “materially limited” as to each client by the multiplicity of clients as a whole.

Ethics Opinion 2026-2, the Alaska Bar Association reiterates the opinion of the Alaska Supreme Court that “[a]s a caseload increases, the attorney’s ability to bring to each case the thoroughness and preparation necessary to provide competent representation may diminish.” Office of Public Advocacy v. Superior Court, First Judicial District, 566 P.3d 235, 249 (Alaska 2025). The Alaska Supreme Court notably concluded that the Office of Public Advocacy was required to represent indigent clients who could not be represented by the public defender agency because of a conflict of interests—including “a conflict of interest due to lack of capacity.” Id. at 252.

One of the greatest difficulties in the application of Rule 1.7(a)(2) to workload issues is how to determine that a heavy caseload is too great and becomes a capacity problem. The Alaska Opinion adopts the guidance of ABA Formal Opinion 06-441. Although the ABA Opinion focuses primarily on public defenders and work overload, its principles are clearly applicable to all lawyers. Opinion 06-441 states:

Rule 1.3 states that a lawyer’s workload “must be controlled so that each matter may be handled competently.” The Rules do not prescribe a formula to be used in determining whether a particular workload is excessive. National standards as to numerical caseload limits have been cited by the American Bar Association. Although such standards may be considered, they are not the sole factor in determining if a workload is excessive. Such a determination depends not only on the number of cases, but also on such factors as case complexity, the availability of support services, the lawyer’s experience and ability, and the lawyer’s nonrepresentational duties If a lawyer believes that her workload is such that she is unable to meet the basic ethical obligations required of her in the representation of a client, she must not continue the representation of that client or, if representation has not yet begun, she must decline the representation.

Today, many firms are adopting AI and reducing the number of human lawyers. Their assumption seems to be that AI can do many tasks formerly done by lawyers and that the caseloads of the human lawyers can be increased. This assumption is being challenged every day with more and more court documents containing fictitious cases (so-called hallucinations) and errors due to overdependence on AI. To the extent that this will lead to unexpectedly higher workloads on lawyers who discover that AI use may not reduce lawyer time as hoped for, lawyer capacity and workloads may again become an ethical problem. In such a scenario, Alaska Opinion 02-2026 and ABA Opinion 06-441 become even more important.

ETHICS & MALPRACTICE RESEARCH TIP: New Articles on Legal Malpractice & Ethics

1.) Josh Chafetz, Corruption and the Supreme Court, 36 Yale J.L. & Human. 165 (2025).

In this Article, Georgetown University Law Professor Josh Chafetz examines the United States Supreme Court justices’ rhetoric about corruption and the consequences of their rhetorical choices.

2.) Colloquium: The Professional Socialization of Lawyers, 94 Fordham L. Rev. 1255 (March 2026).

The entire collection of articles collected for Fordham Law Review’s March 2026 colloquium on The Professional Socialization of Lawyers provides excellent reading—and thinking—material.

A BLAST FROM THE PAST: The Comic Blackstone

Man, as we are all aware, is a creature endowed with reason and free will: but when he goes to law as plaintiff, his reason seems to have deserted him: while, if he stands in the position of defendant, it is generally against his free will; and thus, that “noblest of animals,” Man, is in a very ignoble predicament.

— Gilbert Abbot à Beckett, The Comic Blackstone 15 (1863).

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 6

About Joseph, Hollander & Craft LLC

Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 26 attorneys covers a lot of ground, both geographically and professionally.

We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.

When your business, freedom, property, or career is at stake, you want the attorney standing beside you to be skilled, prepared, and relentless — Ready for Anything, come what may. At JHC, we pride ourselves on offering outstanding legal counsel and representation with the personal attention and professionalism our clients deserve. Learn more about our attorneys and their areas of practice, and locate a JHC office near you.

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