4. James Marschewski

Mr. James Robert Marschewski, Attorney

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  • Status: In Good Standing
  • Licensed: 41 years


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Update Date: 2019-07-12

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James Robert Marschewski
12310 Stonechase
Fort Smith, AR 72916
35.26722,-94.366319

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12310 Stonechase
Fort Smith, AR 72916

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SAMPLE LEGAL CASES

Good Faith Myth
A defense often used in financial elder abuse cases is a statement that says something like, "I only did what he wanted me to do." This "good faith" defense is no longer an automatic defense. The law on financial elder abuse has slowly evolved to hold people accountable for financial elder abuse even when the bad-actor claims he or she was acting good faith. This article shows the changes in the law and how bad-actors who act in "good faith" can still be held accountable.
Successor Trustee Privileged Information - What's Said in the Office of Trustee Stays in the Office of Trustee
A successor trustee is permitted to hire legal counsel at the expense of the trust. However, if that trustee is replaced with another trustee, the privileged information shared with the first trustee will transfer to the new trustee except in limited circumstances. This article explains when the attorney client privilege changes to the new trustee and the few instances where the privilege remains with the old trustee.
Accessing the Black Box - Attorney-Client Privilege in the Area of Estate Litigation
While the doctrine of attorney-client privilege usually functions as an inaccessible black box, there are a few exceptions that apply in the area of estate litigation. This article first sets the foundation for what attorney-client privilege actually entails. From there, the article explains each of the few exceptions that apply in estate litigation. In the end, the law is interest in the decedent's wishes, and to know those wishes it is sometimes necessary to open the black box of attorney client privilege