Ask DrewDevil your legal questions

[DrewDevil]

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.

[Low Key]

Should I ever trust a lawyer?

[XXXNoahXXX]

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?

[DrewDevil]

[ 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.

[adsman]

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.

[Tony_P]

[ 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.

[SlowHabit]

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!

[XXXNoahXXX]

[ 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.

[RoundGuy]

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?

[DrewDevil]

[ 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.