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Monte has focused his law practice on the resolution of disputes. These disputes are often in the context of court litigation. But disputes can often be resolved without the need for lawsuits and trials, by analysis of the problem and negotiation with the other parties involved to reach beneficial settlements. His practice primarily involves disputes over commercial transactions, business entities, real estate, estates and trusts, and legal professional services. He has also worked with clients to resolve a wide variety of other civil disputes.
Examples of disputes he has handled involving commercial transactions, business entities and real estate include: breach of contract, ownership disputes, lender liability, foreclosure on commercial properties, enforcement of security instruments, and business torts, such as fraud and misrepresentation, breach of fiduciary duty, interference with contract, and fraudulent transfers of assets.
Estate and trust dispute examples include: will contest issues, undue influence, fiduciary fee disputes, and claims of executor and trustee wrongdoing.
His work in the defense of legal professional liability claims includes claims of legal malpractice arising in personal injury litigation, collection work, estate planning and probate, real estate and conservatorship, and claims by third parties such as malicious prosecution and abuse of process. He also assists clients in matters involving legal ethics.
- Defend manufacturer on dispute over termination of supply contract.
- Pursue collection of disputed accounts for international trade finance company.
- Defend building supplies trader on claims of fraud and misrepresentation.
- Defend lessee on dispute over termination of long-term commercial lease.
- Represent primary lender on borrower’s Chapter 11 bankruptcy.
- Defend trustees on claim of improprieties in handling family trust.
- Defend co-owners of hotel business against claims of breach of contract and misappropriation by other co-owners.
- Foreclose on commercial real estate securing loans with complex history.
- Defend real estate developers on claim for breach of contract and breach of fiduciary duty.
- Pursue enforcement of first option to purchase leased commercial real estate.
- Defend real estate broker and agent on claim of negligence in handling sale of real estate.
Representative Client Industries
- General Business
- Real Estate
- Real Estate Brokers
- Dispute Resolution
- Newman University, B.A., History, 1978
- University of Kansas, J.D. ,1981
- National Institute for Trial Advocacy, 1986
Admitted to Practice
- Kansas state courts
- U.S. District Court for the District of Kansas
- U.S. Court of Appeals for the Tenth Circuit
- Best Lawyers In America©, listed in Commercial Litigation, Ethics and Professional Responsibility Law, Legal Malpractice Law, Litigation - Banking & Finance and Litigation - Real Estate
- Chambers USA, listed in General Commercial Litigation
- Super Lawyers Missouri & Kansas, listed in Business Litigation
- AV® Preeminent ™ rating, Martindale Hubbell
- Wichita Bar Association (Past Chairman, Civil Practice Committee)
- Wesley E. Brown Inn of Court (Master)
- Kansas Bar Association (Litigation Section)
- Rotary Club, Downtown Wichita (Past Vice President)
- Ten Keys to Resolving Your Dispute—Without Making a Judge or Jury Do it For You
- Anatomy of a Lawsuit
- Litigation—Two Paradigms
- In a Legal Dispute, What is Your Goal?
- Legal Malpractice in Kansas: Principles and Examples, Journal of the Kansas Bar Association
- A Problem-Solving Approach to Legal Disputes, 84 J. Kan. B. Ass'n 23 (Feb. 2015).
*Articles can be found under "Publications" on our website.