Agricultural Law:
Agricultural law encompasses many traditional areas of legal practice, from secured transactions and conveyancing to debtor/creditor relations, estate planning and personal injury. Kirk was born to a century farm family and spent his early years through college in practical agriculture. Kirk obtained his Bachelor of Science in Animal Science at Iowa State University. While in law school, Kirk was a founding member and first president of the Drake Student Agricultural Law Association. His practical experience in agriculture has uniquely prepared Kirk to help his clients navigate the unique issues in the agriculture industry.
Appeals:
Trial practice has resulted in several opportunities for Kirk to advocate for his clients before federal and state appellate courts. Although trial courts normally “get it right”, when they do not, the remedy is an appeal. Successful appellate practice requires keen writing skills, legal analysis, and concise, persuasive oratory. The record Kirk has achieved for his clients, representing both appellants and appellees, speaks for itself. Take a look at the “Appellate Decisions” tab to review some of Kirk’s appellate cases.
Bankruptcy:
Debtors who are unable to arrange workouts with their creditors may pursue relief in the United States Bankruptcy Court. From early in his practice with the farm crisis in the 1980s, Kirk has represented both debtors and creditors in proceedings in bankruptcy court and has represented aggrieved parties before the Bankruptcy Appellate Panel and the 8th Circuit Federal Court of Appeals. Bankruptcy is a unique body of law with its own unique procedures. Whether you are a creditor of a debtor in bankruptcy or a debtor looking for relief, Kirk will utilize his experience to help achieve the best resolution possible.
Business:
Business law is a broad body of law which includes business entity formation, contracts and lending, mergers, commercial relations, business dissolutions, minority owner rights, taxation, and many other subjects. Kirk regularly represents small business owners and assists them in structuring their businesses and business relationships to avoid litigation. When disputes do arise, sometimes Kirk can achieve effective results through negotiation or mediation. However, when litigation is necessary, Kirk has experience in representing clients in a wide variety of commercial disputes.
Collections:
During the farm crisis of the 1980s, Kirk became well versed in the area of commercial collections. Whether collateral needed to be repossessed or litigation undertaken to secure the payment of money due, Kirk has been able to achieve results for his clients. From commercial rent collections and contract disputes to secured transactions and replevins, Kirk has the experience to protect your interests.
Commercial Litigation:
Often commercial litigation is the result of a breached business contract but it can also result from breached loan or security agreements, business dissolutions, or embezzlement. When these disputes cannot be resolved without court intervention, litigation ensues. Kirk has helped clients aggrieved in these situations to achieve results.
Contracts:
A generation ago, business dealings were often conducted by a handshake. The complexity of modern business and commercial relations, as well as a changing culture, has necessitated the memorialization of business transactions in contracts. Concise and effective contract drafting is essential to achieve one of the goals of contracting – to define the relationship to minimize to the extent possible the risk of resultant litigation. Kirk has been helping clients navigate contracting for almost 30 years.
Debtor/Creditor Relations:
Debtor/creditor relations is another broad area of the law. It includes contracts, lending, secured transactions, bankruptcy (debtor and creditor), collections, and commercial litigation. Kirk has been there and knows how to advise clients involved in these situations.
Estates, Wills and Trusts:
You’ve heard it said that nothing is certain except death and taxes. Our lives have never been as complicated as they are today and the tax client has never been more volatile. Kirk’s experience in transferring wealth by will or trust can help you through these issues while minimizing the tax consequences at death and the costs of probate or transfer.
Franchising (franchisee only):
Franchising has grown exponentially in the last 20 years. Often people think of McDonald’s when they think of franchises. But, today, franchising has extended beyond fast food restaurants to virtually every business field. Franchise agreements are normally one-sided in favor of the franchisor. Kirk has experience in this unique area and can assist you if you are considering purchasing a franchise.
General Civil Litigation:
Not every dispute fits a neat description or category. Kirk has experience litigating all manner of civil disputes. No matter the subject, he can help you protect your rights and achieve a just result.
Landlord/Tenant:
Kirk has represented both landlords and tenants in commercial leases. He can help you formulate a commercial lease which will define and protect your interests. Should the other party not perform, Kirk has considerable experience enforcing client’s rights in these situations through negotiation and litigation.
Non-profit Entities
Through skilled legal guidance, Kirk has helped his charitable organization clients achieve and maintain their philanthropic mission. From entity formation and advising boards to corporate governance and achieving tax exempt status, Kirk understands the unique issues faced by nonprofits.
Real Estate:
Kirk has assisted clients transact real estate thousands of times and has extensive experience drafting transactional documents. He has examined countless abstracts of title to ensure that his clients purchasing real estate get clear and marketable title. Moreover, Kirk has been assisted clients with unique real estate problems like well disputes, fence disputes, easement disputes, nuisances, trespass, and partition.
Tax Disputes and Litigation:
Sometimes clients disagree with IRS or other taxing authorities. When that occurs, Kirk’s considerable experience helps them to the best resolution as quickly as possible. The procedures which govern IRS are unique. Often, a tax dispute can be resolved prior to any litigation. When that is not possible, Kirk’s experience in Tax Court has served client’s well.
Tax Return Preparation:
Even while attending law school, Kirk began preparing tax returns as part of the Volunteer Income Tax Assistance program. Since that time, Kirk has prepared hundreds of corporation, partnership, individual and fiduciary income tax returns. Kirk has often been able to find deductions or exclusions that other experienced preparers have missed.