Matthew J Werner Attorney

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AKA: Werner Matthew J
Categories: Construction Law Attorneys, Attorneys, Real Estate Attorneys

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Phone: (719) 471-7955

Address: 14 N Sierra Madre St, Colorado Springs, CO 80903

Matthew J Werner Attorney

Family Law

Divorce
Child Support
This is probably the most common misconception I hear/see with new clients. Having a 50-50 parenting plan certainly has a big impact on the child support calculation but it does not automatically result in zero child support.
Child Custody and Visitation
Adoption
Paternity
This list is not exhaustive and varies depending on jurisdiction. In many jurisdictions in the United States, the family courts see the most crowded dockets.
Guardianship
Spousal Support
Now we can dig a little deeper. While Colorado is not a community property state (like Texas for example), judges here will typically divide marital property and debt in a 50-50 fashion or something close to that. However, there are many times when a judge might award more property to one party than the other. For example, if the marriage is rather short and one party contributed most of the property. A judge could also award more property to a party and then not award spousal maintenance (or “alimony” as many people still call it) because that person received more property. In short, there are numerous scenarios for dividing assets and debts depending on the unique facts of each case.
Legal Separation
Having been a lawyer for over 20 years and practicing extensively in the area of family law for most of that time, one of the most common questions I get is what’s the difference between a legal separation case and a divorce?
Annulment
Child Abuse
If you are alleged to have broken something during a domestic dispute, you can get charged with criminal mischief as a domestic violence charge. That means you are alleged to have broken something as a method of coercion, control, punishment, intimidation, or revenge directed against your intimate partner or spouse. False imprisonment is just what it sounds like: you are accused of preventing your spouse or partner from leaving somewhere. A related charge can arise if you are accused of preventing a person from making a telephone call to the police, obstruction of telephone service. You should also know that you can be charged with child abuse if a child is present or in danger during an alleged domestic dispute.

Criminal Law

Criminal Defense
My first job as an attorney is to protect my client. Issues that come up with regard to information an attorney and client share are complicated. At the heart of the issues are careful balances between protecting my client and preventing the attorney-client privilege from being used as a fraud. The rules simply aren’t designed to allow for third persons to be involved – the presence of someone other than the client and attorney during a confidential communication waives the attorney-client privilege. Of course, there are exceptions – like when my client needs an interpreter to communicate with me or other similar assistance. When the privilege is waived, the loved one can be called to testify and also the attorney. No criminal defense attorney ever wants to be called as a witness against his or her client.
DUI/DWI
Matt stays current with the frequent changes in DUI and Express Consent law in Colorado through a heavy book of DUI defense work, annual continuing legal education classes and frequent discussions with colleagues. He understands the license issues, jail alternatives, and legal issues that allow for a successful defense to minimize the consequences of the DUI charge.
Robbery
Matt represents a diverse set of clients who need a seasoned and hard-working trial attorney. He makes himself available 24 hours/day, seven days/week for his clients when they need urgent advice. You will find him to be a knowledgeable advocate for you. Matt has been with Alpern Myers Stuart LLC since 1998. He has served as an associate, member attorney and managing member attorney. Matt has defended a wide variety of cases, including DUI, DV, murder, attempted murder, drug possession, drug distribution, sex assault, assault, felony theft, robbery and kidnapping.
Theft
Misdemeanors
Misdemeanor domestic violence charges are easy to get, hard to defend, and have dreadful consequences. Sorry that you are in a spot where you have to ask about what to do when you have a domestic violence charge (“DV”) in Colorado Springs or elsewhere in El Paso County, Colorado. Getting charged with a DV means you have probably spent the night in jail and are prevented from going home for seven days or more. It is an embarrassing, humbling and scary event. Hopefully, this information can help reduce the fear and help you understand the process.
Drug Crimes
Assault
Murder
Juvenile Crimes
Kidnapping

Business and Corporate Law

Corporate Law
Creditors, and other stakeholders such as consumers, the community and the environment interact with one another. Corporate law is a part of a broader companies law (or law of business associations). Other types of business associations can include partnerships, or
Mergers and Acquisitions
Practice Areas: Divorce; Family Law; Civil Litigation; Real Estate; Mergers and Acquisitions; Securities Arbitration; Mediation; Probate. Learn More
Business Formation
Practice Areas: Real Estate, Land Use & Environmental Law, Business Formation & Contracts, Estate Planning & Probate, Civil Litigation & Appeals Learn More
Business Disputes
Commercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Business Transactions
At Alpern Myers Stuart LLC, we offer legal services related to a range of business transactions for entrepreneurs and commercial enterprises of all sizes in El Paso and surrounding counties.
Limited Liability Companies
Unfair Competition
In Colorado, the tort of misappropriation of business value prohibits the use of another’s expenditure of labor, skill, and money for their own benefit. This tort is also sometimes characterized as unfair competition or deceptive trade practices. The classic case in Colorado addressing the law in this area involved the "Denver Gift and Jewelry Show" which was held at the Denver Merchandise Mart. [1] In this case, the plaintiff/tenant negotiated a lease with the Denver Merchandise Mart (the “Mart”) which allowed it to hold the Denver Gift and Jewelry Show at the property twice a year. The tenant had an option to extend the lease, but it failed to exercise the option on time. After the tenant’s rights expired, the Mart held and promoted its own gift and jewelry show. At trial, the tenant established that it spent significant time and money in promoting and planning the show. The evidence showed that after the Mart began running its show in 1986, it used the tenant's advisory committee, floor plan, fee structure, seniority system, and program format. The tenant was entitled to recover the greater of its lost profits or the profits earned by the Mart and other statutory damages.

Employment Law

Non-compete Agreement
There are many situations where the misappropriation of business value may arise. One example would be an employee who uses his former employer’s goodwill and systems that the employer spent time and money developing to compete against the former employer. In this situation, the employer may have a claim against the employee for misappropriation of business value even in the absence of an enforceable non-compete agreement.

Property Law

Real Estate Litigation
Greg practices in the areas of civil and commercial litigation, arbitration, and appeals. He has represented individuals, financial institutions, and commercial enterprises in a variety of commercial, construction, landlord-tenant, employment, financial, insurance, and real estate disputes in state and federal trial courts.
Construction Litigation
Practice Area Real Property Law and Litigation; Corporation, LLC, and Partnership Formation; Construction Litigation and Arbitration; Complex Estate Planning and Estate Administration
Real Estate Transactions
Scope of Duty: In Colorado, the real estate broker’s duties are established by statute (C.R.S. §§ 12-61-804 through 12-61-807). A real estate broker can represent the buyer/tenant or seller/landlord in a real estate transaction as the client’s agent. In such a situation, the real estate broker as an agent owes fiduciary duties only to the real estate broker’s principal or client. Those duties include the obligation of the real estate broker to comply with the terms of the written agreement, to exercise reasonable skill and care for the client, and to promote the client’s interest with “utmost good faith, loyalty, and fidelity.” A real estate broker also has an obligation not to disclose certain information without the consent of the broker’s client, such as the client’s willingness to pay more or accept less for a property, the client’s motivations in selling or buying, “material information” about the real estate broker’s client unless withholding such information would constitute fraud or dishonest dealing, or facts or suspicions that would “psychologically impact or stigmatize any real property.”
Land Use and Zoning
Landlord-Tenant Disputes

Health Law

Personal Injury
Civil and Personal Injury Litigation: Matt has prosecuted and defended a wide variety of civil cases. In addition to his trial experience, he also has the resource of a law firm with a wide range of expertise to confer with and work to help clients achieve their litigation goals. With the collection of Greg O’Boyle, Jina Koultchitzka, John Cyboron and Matt Werner all in one firm, Alpern Myers Stuart LLC is the preeminent local litigation firm in Colorado Springs.

Trusts and Estates

Estate Planning
There are several ways to manage charitable donations in the course of estate planning, and some have significant tax advantages.
Wills
Here are some other, and I believe less important, considerations in making the choice between wills and trusts. (1) Trust arrangements are confidential, and do not require public filings and judicial intervention in probate courts. (2) Trusts are often used for no other reason than to “avoid probate.” This is usually not a sufficient justification, unless one resides in a jurisdiction where probate is extremely expensive. In Colorado, where we practice, probate for uncomplicated estates is not very costly. (3) Trusts can be modified without a cumbersome procedure. When wills are changed, a codicil must be prepared and executed before witnesses. This can be inconvenient and expensive. Trusts can usually be amended with a written and notarized statement.
Trusts
The most common kind of charitable gift is a "special charitable gift" set forth in a will or a living trust. Basically, this is a statement directing a personal representative of an estate, or a trustee, to transfer funds to a charitable organization. When this is a special gift set forth in a will, it has priority over "residuary gifts" which can be defined as gifts which are made, usually in percentages, from whatever is left in an estate after expenses are paid and special gifts have been completed.
Power of Attorney
Even if you had a power of attorney from your loved one, an attorney is not required to honor it. My normal practice is to take direction only from my client and then only if my client and I have had a chance to confer on the issue verbally. That is the best practice for a criminal defendant, which is meant to protect him or her. It cuts out the middleman, avoids miscommunication and is the ethical imperative of my profession (to communicate with my client, Colo. R.P.C. Rule 1.4). Even if my client insists that I work with a third party, I will decline to do so in order to protect the client.
Probate

Finance Law

Bankruptcy
Foreclosure
Courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can successfully repossess the property. Therefore, through the process of foreclosure, the lender seeks to
Tax Law
The main exception to this arrangement for “traditional families” arises when the estate plan involves larger, potentially taxable estates, or estates that involve complex business interests. Federal estate tax laws currently exempt estates of less than about $5,000,000 in assets (about $10,000,000 for married couples), but for estates of more than about $3,000,000 there could be potential estate tax issues and trusts may be appropriate to address tax concerns. The main tax advantage of trusts for large estates is that when each spouse holds about half of the total assets in a separate trust, the family can avoid concentration of wealth in the surviving spouse which could trigger estate tax liability.

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