The Moster Law Firm

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14 Years

in Business

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(806) 778-6486Call Visit WebsiteVisit Website Map & DirectionsDirections4920 S Loop 289 Ste 101Lubbock, TX 79414 Write a ReviewWrite Review

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Mon - Thu:	9:00 am - 5:00 pm
Fri:	9:00 am - 12:00 pm

Places Near Lubbock with Attorneys

Wolfforth (9 miles)
Woodrow (12 miles)

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Phone: (806) 368-5813

Phone: (806) 401-0104

AKA

Moster, Charles

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http://www.themosterlawfirm.com

https://www.themosterlawfirm.com

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Details

Phone: (806) 778-6486

Address: 4920 S Loop 289 Ste 101, Lubbock, TX 79414

Website: http://www.themosterlawfirm.com

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The Moster Law Firm

Divorce
Child Support
Under Texas law, several issues are handled in the Suit Affecting the Parent-Child Relationship (“ SAPCR ”) or the modification of a Suit Affecting the Parent-Child Relationship. A SAPCR is also automatically part of any divorce when there are children of the marriage. A SAPCR is where the important decisions such as conservatorship, possession and access, child support, and medical support are handled. Each of these is an important part of a SAPCR that you need to understand.
Child Custody and Visitation
Under Texas law, the possession and access terms within the Order on SAPCR govern each party’s visitation rights with the children. Being named joint managing conservators does not mean that both parents, or any non-parent conservator, will have equal periods of time with the children. The periods of time spent with each child is dependent on the possession and access provisions with the SACPR Order. Texas has what is referred to as the standard possession order, which usually includes vitiation on the first, third, and fifth weekends of the month, as well as a holiday schedule.
Adoption
Guardianship
Although a range of situations applies to guardianship, the subject or ward is typically a minor or a person who has become incapacitated for a variety of reasons with medical causes such as dementia or Alzheimer’s a recurring factor.

Criminal Defense
Our Criminal Law Practice is headed by Jacques A. Roussel, who worked as an Assistant District Attorney for the Kings County District Attorney’s Office in Brooklyn, New York. This is one of the most active and prestigious district attorney offices in the United States. Mr. Roussel handled hundreds of cases and trials as a prosecutor and understands the best strategies and defenses to protect our clients. In our opinion, many of the best criminal defense attorneys in Texas and across the country started their careers as prosecutors. They know how the game is played and have the enormous benefit of being on the other side.
DUI/DWI
At Moster Craft, we are Criminal Defense attorneys who zealously represent clients charged with serious criminal offenses including Drug Charges, DWI/DUI, Domestic Violence, and Assault cases. These offenses can result in substantial prison time and require experienced and compassionate counsel.
Fraud
Most so-called “white-collar” crimes are non-violent and involve financial or business violations of law – state or federal. Typical cases include criminal fraud, embezzlement, money laundering, insider trading, price-fixing, and health care fraud.
White Collar Crimes
If you are charged with a white-collar crime, reach out to us. It may be the most important call you ever make.
Theft
Misdemeanors
In Texas, an assault charge can be filed as a misdemeanor or a felony if a weapon, serious bodily injury, or strangulation is involved. Critically, physical harm is not required to justify an arrest. The mere threat to cause someone injury constitutes a criminal offense in Texas.
Embezzlement
Drug Crimes
Drug offenses are among the most serious crimes and offenses and can result in lengthy prison sentences and fines at both the State and Federal levels. The crimes are varied and include illegal possession of controlled substances, manufacturing drugs or the intent to distribute, and a host of other violations. Prosecutors aggressively pursue these cases and often seek the most severe penalties.
Assault
Restraining Order
` You can also file for immediate relief to get a Temporary Restraining Order or TRO to stop the bad conduct immediately in Texas state courts. TRO’s are relatively easy to get under Texas law and are followed by hearings on the Preliminary Injunction which are more complex.
Money Laundering

Business and Corporate Law

Corporate Law
Corporate law is also critical as the entity structure must anticipate future funding without the dissipation of ownership by the founders. This discussion needs to be conducted at inception for proper planning and control.
Business Formation
Having met with clients, large and small, over 29 years – most have very little understanding as to which entity should be selected in forming a new business. Typically, the clients will attempt to review articles on the subject and come out even more confused than when they started out. Here’s a quick primer on the subject to guide you along the path of business formation.
Business Disputes
You can – but it is not recommended! Lawyers who practice in the area of business law are trained in the complexities of preparing a partnership agreement. If it was easy, everyone would be doing it. And – please – do not pull down some templates online. The use of the wrong words or even punctuation can totally change the meaning intended. Also, keep in mind that the party who drafts the agreement comes out with a short stick in litigation. If there is a gray area in the use of a word or phrase – what lawyers refer to as ambiguities – it is construed against the person who drafted the partnership agreement.
Business Transactions
The Moster Law Firm is actively involved in defending and prosecuting based on fraud and misrepresentation. Fraud can arise within the context of business transactions, partnership disputes, client disputes, and employee issues. Whether we are on the defense or prosecution of these actions, we have the experience and aggressive orientation to vigorously represent our clients’ interests. When required, we work closely with the Firm’s forensic accountant to prove the existence of the fraudulent act which is typically disguised by the perpetrator.
Limited Liability Companies
Lawyers at our Wichita Falls Office recommend the choice of entities for clients including corporations, limited liability companies, limited partnerships, and non-profits.
Trade Secrets
Intellectual Property
One of the critical concerns is the need for immediate intellectual property protection given the novelty of the software. Many clients wait too long before dedicating any resources to intellectual property protection. This is a huge mistake and can have horrific effects on the very survival of the business. It is not uncommon for our firm to recommend that a provisional patent be filed immediately to protect the patentable product or service during the one-year window and then facilitate the creation of the requisite entity structure and funding mechanism. The point is that delay or uncertainty can have disastrous effects.

Employment Contract
The legal services essential to the challenges of growth and maturation depend upon the specific business operations which are being undertaken. For example, an expanding construction business would have very different legal issues to address than a restaurant or e-commerce chat room, or retail business. Awareness of these differences is essential as it suggests possible changes to existing entities, the formation of new business structures or subsidiaries, the addition of specialized personnel which requires comprehensive employment agreements to better articulate expectations and decreases the likelihood of disputes, and more complex legal services to protect an expanding intellectual property portfolio of trademarks, products, services, and so on.
Employment Litigation
Mr. Moster has represented restaurants from small Mom & Pop family-owned operations to larger franchises. You don’t have to be a big restaurant to be a Firm client! Representative restaurants include Japanese and Sushi, Asian fusion, Chinese, Mexican food, Buffalo Wings, Italian, and traditional American food including coffee houses. Mr. Moster advises clients on the unique and often difficult issues facing restaurants including entity selection to minimize taxation, employment issues, negotiations with landlords and/or purchase of locations, branding and trademarking, and protection of intellectual property including recipes. He has also prosecuted lawsuits on behalf of restaurants and served as defense counsel.
Non-compete Agreement
Non-Compete Agreements – Non-compete agreements are enforceable in Texas but must be crafted diligently to comply with state law and a bevy of Texas Court Decisions including several from the Texas Supreme Court. This area of the law changes frequently and the language of employee agreements must be precise or the non-compete will be enforceable.

Construction Litigation
Our Team – Experienced Construction Law attorneys led by Department Head Charles A. Moster, the Founder of the Moster Law Firm d/b/a Moster Craft, P.C. Mr. Moster has been conferred the “AV Preeminent” rating from Martindale Hubbell, which is the highest level of achievement granted to attorneys nationwide for legal excellence and the highest ethical standards of practice (5 of 5 possible scores). Experienced and aggressive construction law counsel is at your fingertips – AND YOU NEED IT!
Landlord-Tenant Disputes
NOT represent tenants (residential). The Firm exclusively represents commercial and residential landlords in Landlord Tenant Law and all other relevant areas including negotiation of lease agreements, renewals, and tenant eviction, among other items.

Trusts and Estates

Estate Planning
Recommendation: Have an experienced attorney draft a will for you or a family member and the sooner the better. Don’t put it off. If you need a will drafted in Lubbock, Midland, Odessa, Amarillo, Abilene, Wichita Falls, Austin, Dallas, and Houston give us a call. We look forward to guiding you through the estate planning process.
Wills
The Last Will & Testament or Will is a legal document that determines how your assets are to be distributed when you die. It is essential that estate clients follow the requirements under Texas Law to assure that their Will is valid and enforceable. An error in the preparation of a Will could lead to the instrument being invalidated or challenged in court. The job of your estate attorney is to identify all of the assets to be covered by the Will and to draft the proper and enforceable clauses to make sure that the property is distributed as intended by the client. The language must be clear and unambiguous and compliant with Texas Law.
Trusts
That depends on the type of trust which is formed. Irrevocable trusts are set up for the benefit of a third party and cannot be revoked or terminated once formed by the settlor. The benefit of irrevocable trusts is to prevent creditors from attaching the assets with respect to a debt that might be owed by the settlor. These are known as spendthrift trusts.
Power of Attorney
Clients typically consider the drafting of medical powers of attorney and Directives in anticipation of surgery or as a result of an illness. This document delegates legal responsibility to a third party, typically a family member, to make medical decisions upon the incapacitation of the party. The medical powers of attorney and directives empower the third party to make medical decisions that can have a direct bearing on the life or death of a patient.
Probate
Contested Probate services relate to the multiple situations when the underlying will or trust is challenged by relatives or third parties. The circumstances are as varied as our clients and all on both sides of the equation whether the clients is defending and existing will or trust or challenging same. Regardless, the legal services are often complex and necessitate experienced counsel.

Tax Law
The contribution of cash to the venture by third parties can be effectuated by means of a loan to the company or a capital contribution. In the first instance, the party would be deemed a lender and the latter situation would be an owner in the venture itself. These early-stage transactions are often problematic as the entity is so dependent on the need for cash that important details are left undefined which can lead to litigation. If the transaction is based on money loaned, the investor is not entitled to ownership and is deemed to be a creditor. It is important that proper loan documents be prepared so there is no confusion. Conversely, an investor or owner in the venture would require cash paid into the company in exchange for shares of stock received. This can be complex but does not need to be. If it’s done incorrectly, it can raise legal and/or tax issues. Critically the shares issued by an S Corporation are not publicly traded and care must be taken to avoid the implication of state and federal securities laws.

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