Graves, Miller & Kingston offers more than 44 years of experience representing individual and commercial clients in the following areas of practice: Business & Corporate Law The term "Business Law" encompasses a broad, varied, and potentially complex area of law. Among other things, it covers the formation and operation of businesses, corporations, and other legal entities, the intersection of customers, sellers, and suppliers with business providers, and the myriad of other related issues such as tax, governmental regulation, employment issues and environmental matters that effect the day-to-day operation of business and commercial entities. The law applicable to the operation of commercial enterprises is multiplex. The federal government, the states, and one's county and local government all influence and effect the operation of business and the nature of an individual's interaction with business. Because of this complexity, the role of a lawyer in business law is perhaps more necessary than in many other areas of law. In establishing a commercial enterprise, it is absolutely vital to analyze issues such as the type of business entity and associated tax ramifications. An attorney's involvement in the answering of these questions will save a business time and money both at the start up of the business and down the road. An attorney is also necessary to advise a person who might have an opportunity or a problem associated with a business in order to best insure that person's legal interests are enhanced and protected. Back To Top Limited Liability Co. / Business Organizations Wyoming was one of the first states in the modern era to establish this relatively new form of business entity, which allows a business to enjoy some of the liability limitations of a corporation, but with the corresponding tax advantages of a partnership. It also allows for nearly unlimited flexibility in business management and structure and the entity may be individually tailored to meet the particular needs of the business. The entity may be used for professionals, real estate investments, and entities that would otherwise be corporations, but want the flexibility and limited liability of the LLC. Many business entities, though operating elsewhere, have formed themselves under Wyoming law in order to take advantage of the considerations outlined above. It is vitally important that the entity be formed strictly according to the requirements of Wyoming law. If not, the entity may not be able to take advantage of the entity's favorable qualities and severe financial and liability consequences may result. Our firm is ready to advise the client on whether the LLC or some other entity is the best business form for the client. If the LLC form is chosen, the firm also has experience in preparing the proper articles of organization and other necessary start-up documentation. Also, the firm is prepared to provide ongoing advice to the client and to hold the required meetings and provide the necessary documentation to the state authorities to insure that the client retains the LLC designation into the future. Back To Top Real Estate Law Protect yourself and your property by having local representation. We have offices in Cheyenne, Wyoming (southeast part of the state) and Sheridan, Wyoming (Northeast part of the state). We can provide the initial negotiations on your behalf and provide litigation if necessary for all areas of the law, including: Zoning Dispute Prescriptive rights and claims (adverse possession) Eminent Domain Boundary and Easement Disputes Covenants Foreclosure Lien Deed
We also can prepare the following documents: Purchase offer/counteroffer agreement Sale Agreement Mortgage Foreclosure Lien Deed Assignment Lease Agreement Easement Agreement Right of Way Financing
Back To Top Employment Law Employment law involves the various legal rights and obligations that govern all aspects of the work-place relationship between employers and employees. It includes, among other things, issues arising from hiring, termination, "at will" employees, written employment agreements, non-compete/nonsolicitation agreements, health and safety, race and gender discrimination, age discrimination, Americans with Disability Act (ADA), overtime pay versus comp-time, workers’s compensation, discipline, confidentiality. Wyoming is an "at-will" employmengt state, which means the employee is free to leave the job without notice to the employer and the employer is free to terminate an individual’s employment also without notice. This relationship is recognized by law as "at will" employment. Of course, the employer and employee can enter into a contractual relationship either expressly or by implication. In that case, the laws of contracts apply. An expressed employment relationship is generally found in a written agreement, but can also exist as an oral agreement. An implied agreement is often found in cases where written policy exists that sets out such things as the employee’s duties and pay rate, overtime versus comp-time policy and most importantly, policiesy regarding advancement and termination. If an employer issues a "handbook" there is a reasonable chance an implied contract exists. However, a clear “at-will” disclaimer within the handbook stating that the book is not a contract and employment is “at will” may remove any question of whether the handbook is an implied contract. Finally, employers may not hire, promote or demote an individual based on race, religion, sex, or age. Employers and employees must also be mindful of requirements arising from on the job injuries and the ADA. Of course, one must also keep in mind the impact of state and federal unemployment benefits. An "at-will" employee is still eligible for such benefits, which in turn may go against the employer's "experience rating". Thus, if an employee is dismissed "for cause" (i.e. he is fired for a serious violation of the rules of the work place), the employee may not get benefits and the employer's rating does not increase. If the employee is not terminated for a serious violation of work-place rules, then the employee may be eligible for benefits. Back To Top Civil Rights What our firm can do to assist you in enforcing your civil rights. Our firm has a long history of representing individuals whose civil rights have been denied by local, state or federal authorities. Non-governmental entities can also be guilty of civil rights violations. Attorney's fees, especially in cases involving persons who are acting on behalf of local, state or federal governments, are paid by the party found guilty of civil rights violations. Therefore, if we are successful in winning or settling your case, even for one dollar, your attorney's fees may be paid by the other party. If we do not win, you may not owe our firm attorney's fees. Back To Top When have my civil rights been violated? A civil rights violation may occur when you have been treated adversely or been discriminated against because of your sex, race, national origin, age, handicap, or religion or merely because you are associated with someone else that is protected under these protected categories . Furthermore, if you suffer retaliation because you asserted your right to be free from discrimination or because you have supported someone else, you may be entitled to recover money damages. Back To Top What if I believe my civil rights have been violated? The legal steps to protecting your rights can be complicated and you must act quickly. Send us an explanation and we will evaluate your case and get back to you as soon as possible. Back To Top Native American Law The law applicable to Native Americans is one of the most complex of any area of American law. The intersection of aboriginal and tribal law, treaty and constitutional law, federal law, and state law creates a sometimes-tangled legal web that vitally affects the day-to-day lives of all those living in or associated with "Indian country." Native American Law does not just encompass the relationship between Indian tribes and the federal government; but, increasingly, matters pertaining to gaming law, tax law, natural resource law, environmental law, and water law have come to define this area of legal representation. Therefore, a law firm skilled both in traditional areas of Native American law and these other areas is vital to adequately represent either an Indian tribe or persons having dealings with a tribe. A decision or stand of a tribe often has legal ramifications that affects hundreds or perhaps thousands of members in fundamental ways. Tribes and their members, as well as all those who have legal relationships with them, must have a lawyer who understands the complexity of Native American law. Equally vital, they must have a lawyer who has sympathy for their fundamental needs and how best to represent them. We have both that expertise and that interest and concern. Back To Top Criminal Law Criminal Representation What our law office will do for you. Our firm takes an aggressive approach to defending individuals charged with crimes. By the time a defense lawyer becomes involved in most criminal matters, the government has had months, and sometimes years, to carefully build their case against our client. Therefore, the defense attorney must aggressively pursue the case to insure that the defense team can catch up with the prosecution. Can our firm represent you in another state other than Wyoming and Colorado? Yes. Although we are licensed in Wyoming and Colorado, we can represent clients in other states by obtaining the services of an attorney licensed to practice in that state who then becomes "local counsel". Local counsel insures that we are permitted to practice in the state in that particular case only. Local counsel is sometimes made a part of the team, and sometimes plays a limited role. However, our firm is responsible to the client, and only the client. Is your call confidential? Yes. The rules that govern what lawyers can do clearly state that if a client discusses his case with the attorney, that attorney cannot discuss the conversation with any other person, even if the attorney decides not to take the case. Upon initial contact with our office. Because time is usually short, your call will immediately be handled by one of the lawyers on our staff. Even if that attorney is not the attorney who ultimately handles the case, your initial contact and our providing information to you about your case is very important. If we take your case, the attorney will, at minimum, give advice to get you through your immediate problem until a long-term plan or strategy can be determined. What information will you need to provide. We will need to know what the charges are and whether or not the client is in jail, out on bond, or whether a warrant has issued for the client’s arrest. We also need an honest response to questions about the client's involvement in the matter. What is the most important thing you can do? DO NOT TALK TO THE POLICE or any other person. Even if you discuss the matter with someone you absolutely trust, the government can still subpoena that individual and force them to testify or otherwise sit in jail for contempt. Therefore, it is wise not to talk to anyone other than your attorney. What about attorney's fees? Our firm's fees are $150.00 per hour. The initial retainer fee is based on the seriousness of the charge, the number of charges made by the government and whether the case is in federal, state, county or municipal court. What if I have questions? CALL US. Be aware that if your telephone call is intercepted it cannot be used against you, but the Internet is still considered public domain and so your cyber communication with us may not be protected. Back To Top Environmental Law Environmental protection laws can severely impact businesses as well as individual real estate owners. Compliance with these laws has become increasingly difficult and costly. As a result, day-to-day business decision-making requires the careful consideration of environmental issues. Environmental Law includes three fundamental legal areas: air, water, and hazardous substances. Our firm is prepared to deal with these issues through client counseling and advice, commercial and real estate transactions, and litigation if necessary. We will assist the clients in complying with applicable environmental laws and regulations, help clients avoid environmental problems, and attempt to resolve environmental issues in the most efficient and cost-effective manner possible. Environmental Law includes many areas of everyday contact between businesses and governmental rules and regulations, including: government and private Superfund disputes; actions concerning the remediation, closure, and cleanup of waste disposal sites; actions concerning air emissions and water effluent discharge; suits concerning the sale of allegedly contaminated property; toxic tort litigation, including class actions; suits on behalf of policyholders seeking to enforce insurance coverage for environmental damages; and the negotiation of complex consent decrees with federal and state environmental authorities. Back To Top Real Estate and Commercial Transactions Historically, environmental regulation was primarily the province of the manufacturing sector and mid-level managers. Today, environmental concerns are a necessary component of day-to-day corporate decision-making in virtually all areas of commercial endeavor. The highest levels of corporate management must be involved in environmental matters. Radically changing concepts of liability apply in environmental law. These changes have occurred at both the federal and state levels, as illustrated by a host of relatively new environmental statutes designed to affect real estate and commercial transactions. Adoption Guardianship Guardianship: Guardianships may be involuntary or voluntary. Long term guardianships may only terminate upon court order, as compared to a temporary guardianship, which terminates upon the happening of some event (for example, the minor child's parents return from a long trip, or are released from a long hospital stay, etc); or standby guardianship, which only creates a guardian upon the happening of some event (for example, the parent is admitted for long term hospitalization). There are also basically three types of wards (a "ward" is the person who is in need of the guardian): a minor child, an incompetent person or a mentally ill person. Each situation and each type of proposed guardianship requires different elements of proof. THE GUARDIAN: Any person may file a petition for the appointment of a guardian. The petition shall state the following: (i) the name, age and address of the proposed ward; (ii) the status of the proposed ward as a minor, an incompetent person or a mentally incompetent person; (iii) the name and address of the proposed guardian, and his or her qualification as a fit and proper person to serve as guardian; (iv) the residence of the proposed ward in the county or his or her presence in the county; (v) the facts to show that the best interest of the proposed ward requires the appointment of a guardian in this state; and (vi) the name and address of the person or facility having the care, custody or control of the proposed ward. There is a preference order for guardian in the case of a minor ward. Providing the persons are qualified and suitable, the court is required to consider the following preferences: The parent or parents of the minor; The person nominated as guardian in the will of the custodial parent; The person requested by a minor who is fourteen (14) years of age or over; Any other person who is willing to serve as guardian.
Immediately after appointment, the guardian is required to issue a report to the court regarding the physical condition and principal residence of the ward. The guardian must also realize that at any time the court may order the guardian to present and file in the guardianship proceeding a written report of the condition of the ward and of the guardian's performance of his duties. The law requires of the guardian to: Take reasonable care of the ward's personal property; Commence protective proceedings if necessary to protect the property of the ward;
Apply to the ward's current needs for support, care and education as much of the money or property paid or delivered to the guardian pursuant to W.S. 3-3-108 as may be appropriate; Exercise due care to conserve excess funds for the ward's future needs; and Pay to the conservator excess funds at least annually.
Furthermore the guardian may: Receive money payable from any conservatorship for the support of the ward; Receive money or property of the ward paid or delivered to the guardian pursuant to W.S. 3-3-108; Institute proceedings to compel the performance by any person of the duty to support or contribute to the support of the ward; Facilitate the ward's education, social or other activities; Authorize medical or other professional care, treatment or advice; and Consent to the marriage or adoption of the ward.
The law also states that the guardian is not liable for injury to the ward resulting from the negligence or acts of third persons performed by authority given by the guardian for medical or other professional care, treatment or advice, unless it would have been negligent for a parent to have given that authority. Essentially the law states that the guardian of a minor has the powers and responsibilities of a parent, but a guardian who is not a parent of the minor is not obligated to expend his own funds for the support of the ward, and a guardian who is not the parent of a minor is not liable to third persons for acts of the ward by reason of the relationship of guardian and ward. APPOINTMENT OF GUARDIAN ON VOLUNTARY PETITION: A guardian may be appointed by the court upon the petition of the proposed ward, if the petitioner is not a mentally incompetent person or a minor under the age of fourteen (14) years and if the court determines that the appointment is in the best interest of the petitioner. Back To Top Personal Injury Personal injury law is a broad category of law which includes mental, emotional and physical injuries suffered as the result of another person's actions. Personal injury is most often associated with automobile accidents. It can also result from injuries sustained in slip and fall cases, medical malpractice, defective products, assaults, undue or excessive harassment,lies which cause emotional or financial loss, or a myriad of other actions. The different areas which this generic term covers are is extensive. Further understanding of your case would require you to contact our office. If you are willing to complete the intake form set out below and mail or e-mail it to us, we would certainly be able to inform you of the specific area of law you might want to explore further. Of course, all information enclosed in the form, including your name, is strictly confidential. What our firm can do for you. Your case will first be assigned to one of our lawyers. That lawyer will take down the initial information, such as: dates, the other party’s name, what occurred, the losses you have suffered, the name of your doctor(s), and the amount of damage you have suffered. The attorney will also answer all of your questions that he can at that time. Your information will then be discussed by the partners in the firm with the intake attorney. We may want to do some informal investigation, such as, talk with a witness or your physician. We will then decide whether or not to accept the case. If we accept the case, we will then discuss the terms of our agreement with you. If we reach an agreement, then our firm will begin the formal investigation process and begin gathering witnesses and evidence. We will attempt to negotiate a quick and reasonable settlement, but if that can not be achieved, then we will file a lawsuit in the appropriate court of law. What you should do while you’re waiting? It is important that you do everything you can to get better. Follow your doctor's advice to the letter. If your doctor wants you to exercise or see a physical therapist for instance, do so. Your health is more important than any lawsuit. Money is a poor substitute for good health. Do not discuss your case with the other party or the other party’s representative. In fact, it is wise not to discuss the matter with anyone who is not your attorney, an attorney you may hire, or your doctor. Finally, if you are able, or someone in your place is able, take as many pictures as you can of the accident scene, vehicles, or objects that were involved as well the injuries to yourself, keep all copies of any writing (medical records, correspondence, traffic tickets, addresses, phone numbers, etc) regardless of how insignificant it may seem at the time, and if an automobile or any other physical object is involved, make sure you secure it for safe keeping. Never throw away the object you feel caused the injury, give it to the other party or , in the case of a vehicle (or other object) sell it. Attorney's fees. Most "personal injury" matters are paid by contingency fee. Our contract sets our fee in contingency cases. Contingency fees are only paid if you recover a jury award or if we settle the matter before trial. The percentage of our fee is negotiable depending on the complexity of the case, the expected recovery of damages, as well as other factors. The bottom line is: If you don't get paid, we don't get paid. Back To Top Bankruptcy - Creditor, & Collections In today’s unpredictable economy and unstable job market, it is not surprising that many more Americans are finding themselves in positions where they are unable to meet their financial obligations. During these difficult times, many consumers often turn to Bankruptcy as an option. Graves Miller & Kingston represents only creditors in Bankruptcy proceedings brought pursuant to Chapters 7, 11, and 13. We also represent business clients in a variety of Debtor/Creditor matters including wage garnishment, repossessions, and civil collection remedies. Back To Top Commercial Collections Businesses are intended to be profitable. As a matter of practice and good will, many businesses extend their services on credit with the expectation of future payment. However, all too often, business owners find themselves in situations where they never receive payment. We understand the financial impact that our business clients experience as a result of unpaid accounts. Not only can it lead to financial disaster and bankruptcy, it can also cause the dissolution of the business. We maintain an aggressive practice in the pursuit and collection of commercial accounts on behalf of our business clientele. If you have outstanding accounts owing to you or your business, allow us to represent you in the collection of that account and to protect the financial stability of your business. Back To Top Land Use & Zoning We represent sportsman, recreationalists, land owners, developers and builders in all stages of land use matters including acquisitions for commercial development, financing, workouts, lending, and representation before local planning boards and authorities for zoning compliance, approval, and appeals. Back To Top Medical Malpractice Medical Malpractice is a very serious and complicated area of law. When an illness or injury forces you to seek medical treatment, you assume that the doctor's years of training and experience will result in your getting the best possible treatment and care for your medical condition. Unfortunately, this is not always the case. Negligent actions of medical professionals can cause your condition to deteriorate, cause you permanent long-term damage, or in the most severe cases, can result in death. These negligent actions could include errors in diagnosis, treatment, or illness management. If these negligent actions result in an injury, a medical malpractice case could be filed against the doctor if their actions strayed from generally accepted standards of practice. If you suspect that you or a loved one has suffered injury as a result of a doctor’s treatment or lack thereof, contact us today and let us evaluate your potential claim. Back To Top Product Liability When people buy or use products, they expect them to be safe. In fact, manufacturers, distributors and sellers of products have a duty to make products safe and to warn users of the product of any potential dangers. Unfortunately, many products are put on the market which are unsafe and can cause serious injury to people using them. We have successfully represented people who have been injured as a result of a dangerous or defective product. As your legal counsel, we will ensure that the responsible party or parties are held accountable for your injuries as well as ensure that you are adequately compensated for your injuries including payment for medical expenses, lost wages, and pain and suffering. Back To Top Nursing Home Law Every day, families are faced with the difficult choice of deciding how to care for their aging family members. Many often conclude that nursing home care is the best available option. However, the most difficult task may be in the selection of the nursing home that will provide the best quality of care for their loved one at an affordable cost. Unfortunately, this is not always achieved. Suspicions may arise as to whether your loved one is receiving quality care or perhaps even abused. We have the experience to deal with serious injury and abuse cases that arise from negligent care in nursing homes. If you suspect that your loved one has been injured, being abused, or is not receiving proper nursing home care, contact us today and allow us to help. Back To Top Litigation Our law practice consists primarily of litigation. We offer more than 75 years of combined experience litigating cases in a broad range of practice areas. We employ legal tactics and strategies necessary to accomplish our client’s objectives, whether through aggressive representation at trial or through negotiation and settlement. Back To Top Appeals When called upon for superior advocacy skills, we will represent clients in appellate level matters. We will thoroughly review the client’s case, analyze the legal issues, determine the existence of any “appealable” issues, research the issue in question, file the appropriate appellate briefs, and provide oral argument if necessary. Back To Top Constitutional Law The United States Constitution is the cornerstone of the relationship between the Federal and state governments and between individuals and those governments. Our firm has attorneys that are well versed in Constitutional Law and have experience in understanding and applying the court decisions that interpret the Constitution and its Amendments in areas such as: affirmative action and discrimination; freedom of the press, speech, and religion; search and seizure protections; eminent domain; voting rights; prisoner’s rights; freedom of information; and grand jury proceedings. Back To Top State, Local & Municipal Law We have knowledge and experience in the areas of powers and liabilities of state and local government and municipal corporations, including matters such as land use and zoning issues, municipal employment disputes, and injuries to personal or property by municipal employees. Back To Top Construction Law Our firm represents owners, contractors, sub-contractors, construction managers, developers, and suppliers in all aspects of the construction process, including bidding and document preparation, contract negotiation and formation, contract performance, financing and warranty issues, mechanics and materialmen liens, and claims and dispute resolution. Back To Top Contracts We represent and advise our clients in transactions involving a variety of contracts, including government, employment, sales, commercial, distribution, and lease contracts. Our services include contract negotiation, formation, preparation, litigation, and drafting. Back To Top Banking & Finance Law Banks and financial institutions collect deposits from individuals and entities and invest those funds in loans, securities, and other assets. Our firm assists depositors, lenders, and borrowers in accordance with complex state and Federal banking statutes and regulations. We have experience in lending and secured transactions, loan workouts, mortgages and foreclosures, public finance, state and municipal bonds and financing, venture capital and international banking matters. Our clients included borrowers, commercial banks, credit unions, savings and thrifts, and holding companies. Back To Top Administrative Law We represent clients in all aspects of Federal and state regulation, including administrative appeals and litigation before the courts and various administrative agencies. We are well versed in the requirements of the Administrative Procedure Act, which deals with administrative hearings and adjudication, administrative investigations, administrative officers and agents, administrative rule making, licensing, and regulatory enforcement. Back To Top Education Law We represent students, parents, teachers, administrators, educational institutions, and school districts in matters relating to areas such as a special education, discrimination, student rights, and tenure. Back To Top Professional Malpractice Law We are experienced in Professional Malpractice Law and can assist clients in determining whether or not malpractice has occurred where someone or something is injured as a result of negligence or misconduct of individuals in the dental, legal, medical, accounting, or other professional fields. Cheyenne Office : Graves, Miller & Kingston
408 West 23rd Street
Cheyenne, WY 82001
Phone (307) 638-8885
Fax (307) 637-4850 Sheridan Office: Graves, Miller & Kingston
10 West Ridge Lane
Sheridan, WY 82801
Phone (307) 672-9686
Fax (307) 674-0311 Toll Free Number: 800-765-8885
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