Bankruptcy:

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has significantly changed the bankruptcy laws. We offer free initial consultations to provide you with the mandatory forms and information concerning Bankruptcy Law. At the initial consultation we will also explain the different types of bankruptcy law we practice, we will provide you with an income and expense analysis based on the information you provide us, and we will give you an initial opinion of the chapter of bankruptcy you qualify for.

Criminal Law:

As a former State's Attorney, Bob has the benefit of both sides of the criminal justice system. Our office has represented clients in various misdemeanor and felony charges. We begin by reviewing the evidence against you for any violations of your state or constitutional rights. Then, we analyze the strength of the State's case against you and, if appropriate, enter into plea negations. Finally, if plea negotiations breakdown or if they are inappropriate in your case, we will proceed to a trial to the court or a jury trial. We can also assist you with a criminal appeal.

Employment Law:

Spears Law Office, P.C. has represented several clients in disputes with their employers and with fellow employees. We can negotiate with State and Federal authorities on behalf of small business owners concerning the wage and hour provisions of the Fair Labor Standards Act. In addition, we can help small business owners reach settlement with the Internal Revenue Service concerning back taxes, penalties, and interest.

Family Law:

We offer legal assistance to divorcing couples concerning property settlement negotiations or in presenting their case at a divorce trial. We can help you enforce a property settlement agreement through a contempt of court action. In addition, we have experience in representing parents on both sides of visitation disputes and child custody cases. Our office can further assist you in a step-parent adoption, guardianship or conservatorship proceedings , estate or probate proceedings concerning a deceased loved one, or in preparing Wills and Power of Attorney documents.

Personal Injury/Insurance Disputes:

Our office has assisted several clients in obtaining awards from insurance companies who refused to pay after a personal injury. Every personal injury/insurance case follows some basic steps. First, a complaint must be filed; then, there is usually an exchange of written questions that the parties must each answer called interrogatories; next, recorded interviews called depositions are taken; finally, negotiations and/or a jury trial resolves any remaining issues. We can assist you with every step of the civil litigation process.

Social Security Appeals:

Spears Law Office, P.C can assist you with an appeal of the denial of Social Security benefits. We will handle all correspondence with the Social Security Administration and submit additional medical records to your Social Security file. We review and analyze your medical records and argue your case at a hearing in front of the Administrative Law Judge.

Workers' Compensation:

There are several issues that are considered in a worker's compensation case: whether a First Report of Injury was filed, the type of injury and its severity, the salary of the injured worker at the time of the injury, the permanency of the injury, and many others issues. Each case must be presented to an Administrative Law Judge of the South Dakota Department of Labor. Our office has experience in Administrative Law and we can assist you with your worker's compensation case.