Michael S Linscott Attorney

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(918) 256-7511Visit WebsiteMap & Directions101 S Wilson StVinita, OK 74301 Write a Review

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Linscott Michael S Atty

Linscott Michael S

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http://www.loganlowry.com

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Employment Discrimination Attorneys, Accident & Property Damage Attorneys, Attorneys, Employee Benefits & Worker Compensation Attorneys, Labor & Employment Law Attorneys

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Phone: (918) 256-7511

Address: 101 S Wilson St, Vinita, OK 74301

Website: http://www.loganlowry.com

Michael S Linscott Attorney

Family Law

Divorce
Child Support
Paternity – Paternity cases confirm the identity of a child’s biological father, often through DNA testing. Generally, mothers file paternity cases to obtain child support from an absent father; however, biological fathers also file for paternity to establish a relationship and custody rights with their child. Oklahoma paternity statutes are generally found in Title 10, Chapter 77 of the Oklahoma Statutes.
Child Custody and Visitation
While the general nature of family law proceedings is similar across the United States, each state has its own nuances in the area of family law. For example, Oklahoma is one of the few states that recognize common law marriage, which is marriage that arises from the intent and conduct of parties with the capacity to be married, despite the lack of a formal marriage ceremony. Oklahoma allows for divorce on the grounds of incompatibility, which is often referred to as a ‘no fault’ divorce. Additionally, upon dissolution of the marriage, Oklahoma courts seek to determine an equitable division of marital property, and child custody determinations are to be made in the best interests of the child. Family law issues may sometimes be resolved by agreement of the parties. However, issues are often complex and extremely a factually dependent, and you may need the advice of an attorney licensed in your state.
Adoption
Paternity
Premarital Agreement
Marriage and divorce – Marriage is the legally recognized union of partners in a relationship, and divorce is the legal dissolution of that union. Divorce proceedings may result in litigation over property division, child custody, child support, alimony, and the enforceability of prenuptial agreements. Often, modifications to child custody and support are necessary following entry of a divorce decree. Oklahoma statutory law regarding marriage and divorce is generally found in Title 43 of the Oklahoma Statutes.
Guardianship
A guardianship, like a probate, is a statutory procedure used by courts to protect the rights and manage the financial resources of minors and incapacitated and partially incapacitated persons (“Ward(s)”).
Spousal Support

Criminal Law

Criminal Defense
Mr. Johnston served as a captain in the United States Army JAGC from 1966 to 1970. From 1970 until 1976, Mr. Johnston prosecuted major crimes as an Assistant United States Attorney for the Western District of Oklahoma. Mr. Johnston was with the firm of Logan & Lowry, LLP from 1976 until his retirement in 2013 where he concentrated his practiced on family law, criminal law, and civil litigation.
Wrongful Death
Mr. McGeady specializes in civil litigation, including contract disputes, business torts, and plaintiff personal injury and wrongful death jury trials. He won his first million-dollar civil jury verdict in 1989, and has successfully prosecuted and defended numerous seven-figure civil cases since then. Mr. McGeady has more than 20 published decisions in the areas of contracts, banking, commercial torts and environmental law, and has tried numerous civil jury cases in state and federal courts in Oklahoma, Texas, Arkansas, Kansas, Missouri, Nebraska, Indiana and Florida.
Sex Crimes
The Oklahoma Statutes sets forth the legal elements of each crime and the range of punishments. Crimes are classified as felonies or misdemeanors. Felonies are serious offenses which are punishable by death or imprisonment in the penitentiary. Felonies include crimes such as murder, rape, and kidnapping. Misdemeanors are considered less serious offenses warranting less severe punishment; however, misdemeanors do range from crimes such as negligent homicide to simple traffic citations. Conviction of a misdemeanor may result in incarceration in the county jail, fines, or both. Most crimes involve the element of an act, known as
Misdemeanors
All criminal defendants have the right to challenge the government’s allegations through applicable legal proceedings. Moreover, most defendants have the right to a jury trial. Felonies generally take more time to resolve than misdemeanors, as additional procedural safeguards are in place such as the right to a preliminary hearing. Under certain circumstances, a defendant may enter into a plea agreement with the state in order to avoid a trial and the potential of harsher punishment. Additionally, in some cases, an individual may have the right for an expungement or to have the record of past crimes sealed from the public after the passage of time and consideration of other factors.
Murder
Homicide
Kidnapping

Business and Corporate Law

Corporate Law
Civil Litigation, Contracts and Secured Transactions Law, Corporate Law, Business Entities Law, Divorce Domestic Relations, Criminal Law, Municipal Law, Oil and Gas Law, Wills and Trusts Law, Real Estate Law
Business Formation
Mr. Curnutte began his career in Tulsa, working first in public accounting before entering private practice. He returned to his hometown of Vinita and joined the law firm in 1984. Mr. Curnutte has experience in a wide variety of areas, but his practice is primarily focused in the areas of estate planning, trust and estate administration, real estate, business formation and planning, and tax law.
Business Disputes
Mr. Jones received a Bachelor of Science degree with honors from the University of Kansas in 1987. While receiving his undergraduate education, he was a member of Beta Gamma Sigma. Mr. Jones was selected as a Schroeder Scholar and graduated from the University of Kansas School of Law in 1990. He received the American Jurisprudence Award for Property II, and was a member of Phi Kappa Phi and the Moot Court Council. While in law school, Mr. Jones served as an instructor at the University of Kansas School of Business, teaching Financial Accounting II and Business Law.
Business Transactions
Limited Liability Companies
Trade Secrets
A business must determine the appropriate level of security if it decides to focus on trade secret protection. The most vital element a business must adhere to when claiming trade secret protection for information is that the information must in fact be an actual secret. This means the business must employ certain security measures and procedures to maintain the information’s secrecy.
Intellectual Property
Employers who have questions about the DTSA Notice or other intellectual property issues should contact an attorney to learn more.

Employment Law

Workers Compensation
Workers Compensation – Oklahoma’s Workers Compensation laws govern medical treatment, vocational rehabilitation, wage replacement and other benefits to employees who have been injured on the job or who develop an occupational disease during employment. In addition, employers may not discriminate or retaliate against an employee for filing a Workers Compensation claim or hiring a lawyer for representation in a claim. Further, an employer may not discharge an employee during a period of total temporary disability solely on the basis of absence from work or to avoid paying temporary total disability benefits.
Wrongful Termination
Wrongful Termination – Oklahoma recognizes a narrow exception to the “employment at will” doctrine. If an employee is discharged for (1) refusing to act in violation of an established and well-defined public policy or (2) acting in a manner consistent with a clear and compelling public policy, that employee may have a claim for wrongful termination. For example, a fireman who was fired in retaliation for exposing and opposing the unlawful and unsafe burning of structures owned by the fire chief under the guise of a ‘training exercise’ had a claim against his employer. Public policy may be expressed by the Constitution, or statutes, or case law.
Employment Contract
Non-compete Agreement
Severance Agreement

Property Law

Real Estate Litigation
Mr. Rush primarily practices in the areas of civil litigation, including personal injury, eminent domain, bankruptcy, commercial litigation and real estate litigation.
Premises Liability
Cases involving negligence can involve almost any form of injury. Common negligence cases include automobile accidents, trucking accidents, medical or professional negligence, premises liability or “slip and fall” cases and products liability.
Real Estate Transactions
From title examinations and contract negotiation and preparation to advising sellers of potential tax ramifications attendant to a prospective real estate sale and possible means of deferring tax liability arising therefrom, Logan & Lowry has experienced attorneys ready to serve the diverse needs of their clients.
Eminent Domain
Logan & Lowry also provides counseling and representation for clients regarding the lawful use and regulation of real property, including applicable environmental laws and regulations, and has provided client representation in a wide range of compliance and enforcement actions arising therefrom in both administrative and judicial proceedings. In addition, the firm has developed a strong reputation for client representation in litigation in a wide variety of proceedings involving real estate, including nuisance proceedings, eminent domain and condemnation litigation.
Property Damage
Once a plaintiff establishes that another party was negligent in a personal injury case, the defendant must pay for all of the injuries caused by his actions. Some damages are easy to calculate or quantify such as property damage, lost wages and medical bills. Other types of injuries are more subjective and more difficult to evaluate and assess such as emotional distress or mental pain and suffering. Often, expert witnesses are called to quantify the extent of damage. In some cases punitive damages are awarded. Punitive damages are damages designed to punish a wrongdoer based upon intentional or reckless conduct.

Health Law

Personal Injury
The law defines personal injury as an injury to the body, mind, or emotions. Personal injury law generally refers to remedies sought in a civil lawsuit brought as a result of negligent or sometimes intentional conduct. Negligence is a form of a tort, which is defined as a private or civil wrong or injury, for which the court will provide a remedy in damages.
Medical Malpractice

Trusts and Estates

Estate Planning
Estate planning is an important part of life and death. During your life, appropriate estate planning will help you organize your assets and may enable you to take advantage of tax or other benefits. After your death, an organized and thought-out estate plan will provide a set of specific instructions concerning the settlement of your estate, avoid and manage disagreements between loved ones and other persons, and decrease the costs of administering your estate.
Wills
There are many types of estate planning tools. They range from pay-on-death and joint account designations to more encompassing documents such as, Last Will and Testaments, Powers of Attorney, Living Wills, and Trusts. Moreover, it is important to remember that all estate planning tools are not created equal. For example, a Will is subject to a probate proceeding, while a Trust is not.
Trusts
Mr. Curnutte became a Fellow of the American College of Trust and Estate Counsel in 1995, a Charter Benefactor Fellow of the Oklahoma Bar Foundation in 2004, and Fellow of the American Bar Foundation in 2006. He was President of the Oklahoma Bar Foundation in 2007, and served on its Board of Directors from 2000 to 2008. Beginning in 2006, Mr. Curnutte has been listed in Oklahoma Super Lawyers® in the specialty area of Estate Planning & Probate. Additionally, he has been listed for many years in The Best Lawyers in America® in the practice areas of Litigation – Trusts and Estates, and Trusts and Estates. He was selected by Best Lawyers as Tulsa’s “Trusts and Estates Lawyer of the Year” for 2014, and “Litigation – Trust and Estates Lawyer of the Year” for 2013 and 2015, honors only given to a single lawyer in each practice area in the community. Mr. Curnutte enjoys the highest rating of AV® Preeminent in the Martindale-Hubbell lawyer rating service.
Power of Attorney
Probate

Finance Law

Bankruptcy
Foreclosure
Logan & Lowry, LLP engages in a significant amount of creditor work, our representation being almost exclusively creditor representation and the bulk of that being collection and foreclosure work for banks in Oklahoma, Kansas, and Arkansas. This representation includes real estate foreclosures (both residential and commercial), lien priority disputes (competing creditors), and creditor bankruptcy representation. Logan & Lowry, LLP has a standing policy of declining debtor bankruptcy representation.
Tax Law
Estate Planning, Trust and Estate Administration, Guardianships, Real Property Law, Family Business Planning and Transactions, Tax Law

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