Ask DrewDevil your legal questions
 

As requested in this thread, I will answer your legal questions here. Read the other thread first.

<u>Impressive and Foreboding Legal Disclaimers</u>:

I am a lawyer, but my posts in this thread are general answers providing general legal information, not specific legal advice as to a specific situation.

Nothing in this thread shall be construed to create an attorney-client relationship between me and anyone else.

If you actually need a lawyer to give you specific legal advice, either PM me or talk to a lawyer in your jurisdiction.

I am licensed in the state of Texas only and not qualified to give legal advice relating to any other jurisdiction anyway.

Fire away.

Re: Ask DrewDevil your legal questions
 

Should I ever trust a lawyer?

Re: Ask DrewDevil your legal questions
 

1. My brother got beat up in a club while security did nothing. Got his jaw broken. How much would he get if he sued?

2. Same brother also got arrested for a misdemeanor, did everything he was told to do, then all of a sudden gets a call saying the paperwork didn't get filed and he missed a court date. this was like a year ago and he emails his public defender (he's on like his 5th as they keep quitting or getting fired) weekly for updates. the public defender just says "there is no news, i'll let you know when there is." what can you do to get some real answers and progress when dealing with a public defender's office?

3. my parents have been renting the same apartment for almost 15 years. they put $1500 down as a security deposit and last month's rent. by law this is supposed to go into an interest-bearing account. if this hasn't happened, can they sue after the fact to get what the money would have earned? or is it best to let it be so long as they get their deposit back in full?

4. what tye/size firm are you at and what practice area do you focus on?

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
Should I ever trust a lawyer?

[/ QUOTE ]

You can trust your lawyer more than you can trust anyone else in your life, including your own family. A lawyer must represent the best interests of his client at all times and to the utmost, or risk severe sanctions and possibly even disbarment.

Now if he's not your lawyer, then hey, people are people.

Re: Ask DrewDevil your legal questions
 

Dear DrewDevil,

Thank you for taking the time to offer your free lawyer services to us poor people of OOT. I have a question. My mother always tells me that I should have been a lawyer. How should I take this? I'm not sure if she's giving me a compliment or a thinly veiled insult.

All help appreciated,

ads.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
1. My brother got beat up in a club while security did nothing. Got his jaw broken. How much would he get if he sued?

2. Same brother also got arrested for a misdemeanor, did everything he was told to do, then all of a sudden gets a call saying the paperwork didn't get filed and he missed a court date. this was like a year ago and he emails his public defender (he's on like his 5th as they keep quitting or getting fired) weekly for updates. the public defender just says "there is no news, i'll let you know when there is." what can you do to get some real answers and progress when dealing with a public defender's office?


[/ QUOTE ]

I'll field these two. Your brother should stop being a poor-ass criminal.

Re: Ask DrewDevil your legal questions
 

DrewDevil,

I want to have a lawyer so that I can hit him up in case I run into any legal problem or have any legal question. How do I create such a relationship with a lawyer? Do I call up one and pay him an initial fee so I get access to him year-round?

Also, what tips can I use to figure out if my lawyer knows his stuffs or is just talking out of his ass?

Lastly, I want to confirm if it is true that I should trust my lawyer more than anyone. I wasn't sure if you were leveling or not. Is it because of the "client-lawyer" privilege that allows an open relationship between the two person and that the lawyer cannot testify against his client in case the relationship go sour?

Thanks a lot!

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
[ QUOTE ]
1. My brother got beat up in a club while security did nothing. Got his jaw broken. How much would he get if he sued?

2. Same brother also got arrested for a misdemeanor, did everything he was told to do, then all of a sudden gets a call saying the paperwork didn't get filed and he missed a court date. this was like a year ago and he emails his public defender (he's on like his 5th as they keep quitting or getting fired) weekly for updates. the public defender just says "there is no news, i'll let you know when there is." what can you do to get some real answers and progress when dealing with a public defender's office?


[/ QUOTE ]

I'll field these two. Your brother should stop being a poor-ass criminal.

[/ QUOTE ]

agreed.

Re: Ask DrewDevil your legal questions
 

I was convicted of a felony in 1997 and the got my pilot's license revoked. Is it worth the effort to try getting it back?

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
1. My brother got beat up in a club while security did nothing. Got his jaw broken. How much would he get if he sued?

[/ QUOTE ]

Most states recognize the doctrine of "premises liability," which imposes on premises owners certain level of duty to people who enter their premises. Your brother would be classified as a "business invitee" of the club, which means the club typically has a duty to use ordinary care to warn or otherwise protect an invitee from risks of harm from a condition on the possessor's premises if (1) the risk of harm is unreasonable, and (2) the possessor knows or in the exercise of ordinary care should know of the condition, and should realize that it involves an unreasonable risk of harm to an invitee. The possessor may have a duty to periodically inspect the premises for the introduction of hazards to invitees.

The classic premises liability case is the guy who gets his head bashed in by a thug in a convenience store parking lot and sues the store. I don't know if what happened with your brother was an unreasonable danger that the club should have known of or not, and of course it's impossible to tell how much he would get if he sued.

[ QUOTE ]
2. Same brother also got arrested for a misdemeanor, did everything he was told to do, then all of a sudden gets a call saying the paperwork didn't get filed and he missed a court date. this was like a year ago and he emails his public defender (he's on like his 5th as they keep quitting or getting fired) weekly for updates. the public defender just says "there is no news, i'll let you know when there is." what can you do to get some real answers and progress when dealing with a public defender's office?

[/ QUOTE ]

Your brother can tell the judge about the public defenders' poor representation at his next court appearance, or he can complain to the state bar. Ignoring a client is one of the worst things a lawyer can do and the state bars take it very seriously.

[ QUOTE ]
3. my parents have been renting the same apartment for almost 15 years. they put $1500 down as a security deposit and last month's rent. by law this is supposed to go into an interest-bearing account. if this hasn't happened, can they sue after the fact to get what the money would have earned? or is it best to let it be so long as they get their deposit back in full?

[/ QUOTE ]

Are you sure that the law requires in account to bear interest?

The answer will depend on your parents' lease and the state's property code. They probably have no claim to any part of the deposit until they move out, but once they do, they can probably sue for any amounts wrongfully withheld from them. In many states, if a landlord acts in bad faith with respect to returning a security deposit, the tenant can recover 3x damages plus attorney's fees.

[ QUOTE ]
4. what tye/size firm are you at and what practice area do you focus on?

[/ QUOTE ]

I am technically a solo practitioner but I am "of counsel" with a 12-man firm, meaning I do most of my work for and with that firm. I focus on real estate but I also do litigation work and I am expanding into divorce/family law.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
Dear DrewDevil,

Thank you for taking the time to offer your free lawyer services to us poor people of OOT. I have a question. My mother always tells me that I should have been a lawyer. How should I take this? I'm not sure if she's giving me a compliment or a thinly veiled insult.

All help appreciated,

ads.

[/ QUOTE ]

She probably means you argue a lot.

Re: Ask DrewDevil your legal questions
 

I have a friend that went to Law School, passed, passed the bar exam, then was refused a law license based on an arrest over a decade ago. What was your interview process like after you passed the bar? Ever heard of anything like this? How stringent is Texas? (My friend was not even found guilty of charges, if I recall correctly, only arrested.)

Ray

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]

but I am "of counsel" with a 12-man firm

[/ QUOTE ]

This represents something of a brag, IMO. (At my firm at least, it seems like the "of counsel" have the best combo of bank and quality of life. The associates such as myself of course have neither, while the partners are all hour-billing worknits...)

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
I have a friend that went to Law School, passed, passed the bar exam, then was refused a law license based on an arrest over a decade ago. What was your interview process like after you passed the bar? Ever heard of anything like this? How stringent is Texas? (My friend was not even found guilty of charges, if I recall correctly, only arrested.)

Ray

[/ QUOTE ]

It's not an interview, it's part of the "Character" review of your application to take the exam. Generally speaking, you don't have to do an interview unless there is some kind of red flag. In that case you may or may not be screwed depending on the jurisdiction. (Friend of mine was/is not able to even take the Delaware bar because he has a misdo assault conviction from a bar fight when he was in college)

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
I have a friend that went to Law School, passed, passed the bar exam, then was refused a law license based on an arrest over a decade ago. What was your interview process like after you passed the bar? Ever heard of anything like this? How stringent is Texas? (My friend was not even found guilty of charges, if I recall correctly, only arrested.)

Ray

[/ QUOTE ]

The only way I can imagine this happening is if he was required to report it and failed to do so. There's no way he'd be denied admission just because of an arrest 10 years ago, so there has to be more to this story.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
[ QUOTE ]
I have a friend that went to Law School, passed, passed the bar exam, then was refused a law license based on an arrest over a decade ago. What was your interview process like after you passed the bar? Ever heard of anything like this? How stringent is Texas? (My friend was not even found guilty of charges, if I recall correctly, only arrested.)

Ray

[/ QUOTE ]

It's not an interview, it's part of the "Character" review of your application to take the exam. Generally speaking, you don't have to do an interview unless there is some kind of red flag. In that case you may or may not be screwed depending on the jurisdiction. (Friend of mine was/is not able to even take the Delaware bar because he has a misdo assault conviction from a bar fight when he was in college)

[/ QUOTE ]

Everyone has to do an interview in my state (Maryland). I just had mine a couple weeks ago, I didn't have anything on my record other than some speeding tickets, so we pretty much just shot the [censored] for half an hour.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
[ QUOTE ]
I have a friend that went to Law School, passed, passed the bar exam, then was refused a law license based on an arrest over a decade ago. What was your interview process like after you passed the bar? Ever heard of anything like this? How stringent is Texas? (My friend was not even found guilty of charges, if I recall correctly, only arrested.)

Ray

[/ QUOTE ]

The only way I can imagine this happening is if he was required to report it and failed to do so. There's no way he'd be denied admission just because of an arrest 10 years ago, so there has to be more to this story.

[/ QUOTE ]

Well, there was some kind of red flag in that he knew there was an issue and actually my wife was a character witness for him on things. They said they felt he had not been "open enough" in the application process. His side is something along the lines of "I put it in the application, but apparently they wanted a lot more detail."

I should try to dig up his blog, which had some details in it i think.

Ray

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
DrewDevil,

I want to have a lawyer so that I can hit him up in case I run into any legal problem or have any legal question. How do I create such a relationship with a lawyer? Do I call up one and pay him an initial fee so I get access to him year-round?

[/ QUOTE ]

I've spent some time pondering this exact business model--like having a monthly membership fee that gives you access to a lawyer. I haven't figured out how it would be anything but a terrible deal for the lawyer. If you pay a lawyer $50 per month to be "on call," that's $600 per year, or about 3-4 hours' worth of work at average billing rates.

I've heard of very wealthy families paying a lawyer a huge annual retainer for such an arrangement, but I don't see how it would work for the majority of people.

Plus, I think most people hire lawyers for a specific finite purpose (I want a will, I need a divorce), not to have someone on tap. I could be wrong. Hell, if I could round up 100 clients paying me $100 a month, I'd do this in a second--much better than billing by the hour.

[ QUOTE ]
Also, what tips can I use to figure out if my lawyer knows his stuffs or is just talking out of his ass?

[/ QUOTE ]

Usually a lawyer will have a reputation in the community of other lawyers, and they will know which ones are full of it. I admit there's not a 100% foolproof method.

[ QUOTE ]
Lastly, I want to confirm if it is true that I should trust my lawyer more than anyone. I wasn't sure if you were leveling or not. Is it because of the "client-lawyer" privilege that allows an open relationship between the two person and that the lawyer cannot testify against his client in case the relationship go sour?

Thanks a lot!

[/ QUOTE ]

A lawyer cannot, with a couple of very narrow exceptions, reveal anything his client tells him, even after the representation ends, and a lawyer cannot do anything that even creates the appearance of a conflict of interest. A lawyer takes an actual oath to zealously represent the best interests of his client at all times and faces severe consequences if he does not.

Re: Ask DrewDevil your legal questions
 

Drew,

Some time ago I believe you said that you were doing most of this legal work on the side to take up your other interests in media.

I worked for the patent office for a brief time, and decided that going into IP law / being a lawyer in general would be terribly boring and I'd hate my life.

Please reassure me that I made the right decision in not going to law school.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
I have a friend that went to Law School, passed, passed the bar exam, then was refused a law license based on an arrest over a decade ago. What was your interview process like after you passed the bar? Ever heard of anything like this? How stringent is Texas? (My friend was not even found guilty of charges, if I recall correctly, only arrested.)

Ray

[/ QUOTE ]

In Texas, to become a lawyer you must graduate from an accredited law school, pass the bar, and apply to the state bar with a "Declaration of Intent to Practice Law." You submit to a background check, fingerprint, questionnaire, and the state bar has the ability to interview you to determine if you have the requisite moral character to practice law, or something. As I recall correctly, the state bar has pretty wide latitude to deny someone's application, so there doesn't have to be a criminal conviction on record, for example. There is an appeals process, but the appeal has to be filed within a certain time after the denial.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]

The only way I can imagine this happening is if he was required to report it and failed to do so. There's no way he'd be denied admission just because of an arrest 10 years ago, so there has to be more to this story.

[/ QUOTE ]
There was a big stink in AZ over an old arrest. But it also involved a conviction, so it was more serious.

Guy was convicted of first degree murder. He became reformed in prison and got accepted in law school. He graduated and took the bar. He passed the exam portion of the bar admission process. But the state bar has continually refused to have him pass the character and fitness portion. He sued, and lost.

http://www.azcentral.com/community/s...07wells07.html

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
[ QUOTE ]

but I am "of counsel" with a 12-man firm

[/ QUOTE ]

This represents something of a brag, IMO. (At my firm at least, it seems like the "of counsel" have the best combo of bank and quality of life. The associates such as myself of course have neither, while the partners are all hour-billing worknits...)

[/ QUOTE ]

In some firms, I'm sure that would be true, but the partners at my firm have the best set up. Life pretty much sucks at BigLaw for everyone though.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
Drew,

Some time ago I believe you said that you were doing most of this legal work on the side to take up your other interests in media.

I worked for the patent office for a brief time, and decided that going into IP law / being a lawyer in general would be terribly boring and I'd hate my life.

Please reassure me that I made the right decision in not going to law school.

[/ QUOTE ]

Practicing law isn't very much fun and unless you've always wanted to do it, you shouldn't go to law school.

I got out for a while and had a lot more fun doing media---but after a while it didn't pay the bills. I would never go back to being an associate at a big time law firm though, that is the worst possible life. Ech.

Re: Ask DrewDevil your legal questions
 

This question was PM'd to me by a poster who wishes to remain anonymous:

[ QUOTE ]
Ok ex wife gets X dollars child support. Current wife talks about divorce from time to time. I've looked up a calculator of sorts how much I would pay wife B based on my salary, overnight vistations, and how much I pay wife A child support.

Follow so far?

Ok if the calculator says I pay wife B X dollars based on all those things and Wife A goes to the courts for more money will they lower wife B's child support? My first instincts would be no they wouldn't but if they base wife B's child support partially on what I pay wife A then maybe it should.

[/ QUOTE ]

This is impossible to answer without knowing how your state handles child support issues. Generally speaking, it's really really hard to get child support reduced once it's been set, and it tends to ratchet up, not down. However, if child support is tied to your income and the law says you can't be compelled to pay more than ___% of your net income, then the court would have to make an equitable division, unless you, wife A and wife B all were able to agree on how to split it up.

Re: Ask DrewDevil your legal questions
 

While my wife and I were arguing one day she pinched my nipple hard as heck, same with my scrotum, then slapped me 2x pretty hard. I never toutched her back. I thought about calling the police but I figured she'd make something up and somehow I'd end up in jail (I've seen Cops too much I guess).

So what I did was call a couple friends on the phone and put it on speaker and asked her why she slapped me etc. then I asked her if I ever toutched her and she admitted that I didn't.

If we ever ended up in divorce court would my witnesses stand up for anything? Should I have called the cops and what would their options have been?

Re: Ask DrewDevil your legal questions
 

would it be considered sexual harassment if you were to stand in your front yard naked doing jumping jacks?

hypothetically imo

Re: Ask DrewDevil your legal questions
 

While my wife and I were arguing one day she pinched my nipple hard as heck, same with my scrotum,

my g/f does this for me [img]/images/graemlins/grin.gif[/img]

Re: Ask DrewDevil your legal questions
 

Is owner's title insurance really worth the cost?

Re: Ask DrewDevil your legal questions
 

what are you thoughts on online wills created at nolo.com or similar sites? are the online ones more easily contested and problematic by nature?

btw, the "O" guy from office space is in allstate (or some other insurance company) commercials as a football fan and looks really different which you may have seen. when i finally recognized him my immediate thought was, "hey! that's DrewDevil."

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
While my wife and I were arguing one day she pinched my nipple hard as heck, same with my scrotum, then slapped me 2x pretty hard.

[/ QUOTE ]

Count yourself lucky; I have to pay your wife to do this.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
While my wife and I were arguing one day she pinched my nipple hard as heck, same with my scrotum, then slapped me 2x pretty hard. I never toutched her back. I thought about calling the police but I figured she'd make something up and somehow I'd end up in jail (I've seen Cops too much I guess).

So what I did was call a couple friends on the phone and put it on speaker and asked her why she slapped me etc. then I asked her if I ever toutched her and she admitted that I didn't.

If we ever ended up in divorce court would my witnesses stand up for anything? Should I have called the cops and what would their options have been?

[/ QUOTE ]

Well, if you taped the conversations without your wife's knowledge, you violated federal (and probably state) wiretapping laws, which means the conversation would probably be inadmissible and you could face criminal charges! Big no no.

If you didn't tape the conversation... hmm, not sure about that one. Based on just the definitions of hearsay, the conversations would be admissible, but there might be an exception for... something, like the fact that you set your wife up for this. I don't really know.

You could file assault charges against your wife, it sounds like. Whether or not that's a good practical or strategic move is another question.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
would it be considered sexual harassment if you were to stand in your front yard naked doing jumping jacks?

hypothetically imo

[/ QUOTE ]

"Sexual harassment" relates to workplace behavior, so no, but you would probably stand a good chance of being arrested for "public indecency" or "public nudity" or something like that.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
Please reassure me that I made the right decision in not going to law school.


[/ QUOTE ]

I'll do it - Holy God was that the worst idea ever. If you think endless overwork and drudgery are a small price to pay for a steady, well-marked path to bourgeois status &amp; comfort, then by all means go to law school. If not, pat yourself on the back for walking away. Ask also - Lucas9000.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
Well, if you taped the conversations without your wife's knowledge, you violated federal (and probably state) wiretapping laws, which means the conversation would probably be inadmissible and you could face criminal charges! Big no no.

[/ QUOTE ]

Don't these laws vary widely by state?

In New York, you only need the knowledge/consent of one party to record a phone call.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
[ QUOTE ]
While my wife and I were arguing one day she pinched my nipple hard as heck, same with my scrotum, then slapped me 2x pretty hard.

[/ QUOTE ]

Count yourself lucky; I have to pay your wife to do this.

[/ QUOTE ]

But my % of your money makes it worth it. So I guess I am lucky.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
[ QUOTE ]
Well, if you taped the conversations without your wife's knowledge, you violated federal (and probably state) wiretapping laws, which means the conversation would probably be inadmissible and you could face criminal charges! Big no no.

[/ QUOTE ]

Don't these laws vary widely by state?

In New York, you only need the knowledge/consent of one party to record a phone call.

[/ QUOTE ]

Even if you're right, it's still a violation of federal wiretapping laws (Linda Tripp says hello), so it is manifestly unwise to do this.

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
Is owner's title insurance really worth the cost?

[/ QUOTE ]

Yes, absolutely. Also, it is standard for the seller to pay the premium, which makes it free to you, the buyer!

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
Is owner's title insurance really worth the cost? [/quote

]yes

Re: Ask DrewDevil your legal questions
 

[ QUOTE ]
what are you thoughts on online wills created at nolo.com or similar sites?

[/ QUOTE ]

Well, if you're broke, it probably doesn't matter. But if you have significant assets, they really really suck. You need a competent estate planning attorney to sit down with you and figure out what you have and what you want to do with it, and the best way to avoid estate taxes. There's no way a form can be tailored to your situation properly.

[ QUOTE ]
are the online ones more easily contested and problematic by nature?

[/ QUOTE ]

They're more problematic in that they really, really suck. Compared to the services of a quality estate planning lawyer, they are garbage. BUT they are probably better than nothing.

Re: Ask DrewDevil your legal questions
 

Drew,

How would 'filled with the rage of the disenfranchised' hold up as a criminal defense?

Also, would you object to being referred to as Dru Down from here on out?