The Wright Firm's Weblog

Getting Caught with Your Pants Down at the Super Bowl

 
There will be an estimated 50- 100,000 prostitutes being brought in for this weekend’s Super Bowl.  Those traveling in for the big game this year face dilemmas from parking, traffic, getting a Super Bowl ticket, to public intoxication and even prostitution.  If you are one of the unlucky one’s to get caught in a less than appealing situation around the festivities of the big game this week. You need to know what to do.

Number one you are probably in a very vulnerable position, more than likely with your behind in the chill, literally.  Number 2,  the officers know this and Number 3 the person you’ve either solicited or paid for services has more than likely been through this before.  In other words, not his or her first time.  They will more than likely try to talk their way out of it and you will most likely be “sold out” in the process.  If you have been caught in an undercover sting , than there is likely going to be a tape or an audio recording to be used later to seal your fate.  The best thing for you to do is avoid the situation in its entirety. As tempting as it maybe with your buzz from the beer and the excitement from the game and the building anticipation of the win, avoid this trap. 

If some hot girl/guy comes up to you and attempts  to proposition you, you may want to keep walking it’s probably a trap.  An undercover officer will try to get a nod, a wink, a “how much”, maybe later, anything from you that would indicate that you “agreed to pay a fee”.  You maybe joking, showing off for your friends, or being completely sarcastic and this could land you in a lot of hot water.  Avoid people “hitting on you” outside of the stadium.  It’s not real, and they really aren’t in to you.  You’re not that hot! You’re not that guy! It’s a trap!

If you do get caught with your pants down, keep your mouth shut. Say nothing. You can’t talk your way out of it and the prostitute is probably going to end up selling you out anyway. Get your buddies to get you a bond set up right away. A bail bondsman will be close by. You can kiss the Super Bowl good by!

For questions regarding criminal law contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com .

 

Reading this blog post does not create an attorney client relationship.  You should always consult with a Texas attorney regarding the facts of your case if in Texas or an attorney in your own state where you live. This blog post is for general information and to entertain. 

 

Social Media in a Texas Divorce

Your Texas divorce attorney does not “Like” your Facebook profile.   Why? Because anything you post, tweet or tag may be used against you.

It may be tempting while you are going through a divorce or other legal matter to vent your frustrations via social media, but this can be a trap for the unwary.  Even if you “un-friend” the spouse you are divorcing, and set your security preferences to the max, a friend of a friend may share that status or picture you posted.  A screen capture can be worth a thousand words.

If you are reading this thinking “that won’t happen to me” – that’s what one of our opposing parties thought.  Boy was she surprised when her deposition came around and we presented her with a STACK of printouts of photos and wall posts with every innuendo-laden comment between her and her male “friend” highlighted. 

So, take the profile down.  Stop tweeting or posting items to your Facebook page.  It will only be temporary.  As soon as the ink dries on your final order, you can re-friend everyone.  However, even then – be smart about what you post.  If you wouldn’t want your mom/boss/judge/other-authority-figure-whom-you-respect to see it, don’t post it.

If you have questions about divorce in Texas, contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com.

The Small Texas Estate

Frequently, we encounter situations where people pass away without a will, but with a small estate that still needs to be settled.  The Texas Probate Code provides a mechanism for this situation called a Small Estate Affidavit.  In this situation, the heirs of a decedent who dies without a will quite simply file an affidavit with the court which then entitles them to receive their share of the estate, to the extent that the assets of the estate (exclusive of homestead and exempt property) exceed the known liabilities of the estate (without regard to liabilities secured by the homestead and exempt property). 

 

Although the procedure is simple, several conditions must exist in order to utilize this mechanism.  First, no application for the appointment of a personal representative can be pending, or have been granted.  Second, thirty days must have elapsed since the decedent died.  Third, the entire value of the estate, not including homestead property and exempt property must not exceed  $50,000.00.  Finally, the affidavit must be sworn to by two disinterested witnesses and the affidavit must include a list of all the known assets and liabilities of the estate, the names and addresses of the distributes and their right to receive a share of the estate.  A filing fee must also be paid.

 We frequently assist in the resolution of small estates in addition to assisting with probate and estate administration with moderate and taxable estates as well as probate litigation.  If you have questions on estate administration or probate contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com 

 

What is a Ceremonial Marriage in Texas?

A ceremonial marriage is the traditional marriage that one thinks of and that complies with the statutory requirements listed in Family Code for obtaining a marriage license and participating in a marriage ceremony. This is the most common form of marriage in Texas.  To enter into a ceremonial marriage, a person must obtain a marriage license and voluntarily participate in a marriage ceremony.  

First, a man and a women who want to get married must get a marriage license from the county clerk of any county in Texas. A person who is 18 years or older can get a marriage license.  There are ways that a person under the age of 18 can get married in Texas so if you find yourself or your child in this situation, talk to an attorney.  As Texas law stands right now, a person cannot get a license to marry another person of the same sex, a relative, a person currently married, and a person that has been divorced within the last thirty days.  Generally, a person who has recently been divorced in Texas cannot remarry for thirty days after the divorce was signed.  

If you have questions on marriage, common law marriage, or ceremonial marriage, contact The Wright Firm, L.L.P. at 972-353-4600 or check us out on the web at www.thewrightlawyers.com 

 

Ten Things You Can Do To Improve Your Attorney-Client Relationship

Let’s face it; there are a lot of lawyers in Texas.  As of November 6, 2009, there were 83,596 to be exact.  As the managing partner of The Wright Firm and as a practicing lawyer over the last seventeen years, I have spoken with numerous people who were mad with their lawyers.   Here are some solutions that I think will make the attorney-client relationship work more effectively if you have to hire an attorney for a legal matter:

 1.    Have A Written Fee Agreement:    I always like to say a contract lets me know I have a client, and it lets a client know that they have an attorney.  The contract should specifically state the legal matter the lawyer has been hired to complete for you and define the terms of that relationship.

 2.    Tell Your Attorney How You Like To Communicate:  We live in a time of technology consisting of faxes, emails, cell phones, home phones, and text messages.  I have to admit, one of the new things I am going to do, is to have the client select how they would like to communicate with the firm.  Clients contact us on the firm number, our cell numbers, via text messaging, and via email.  Letting your attorney know in the beginning of the relationship how you would like to be communicated with will enhance the attorney-client relationship.  Maybe you have saved your attorney’s cell phone number in your cell phone.  You may get frustrated if you keep trying to call and you get your attorney’s voice mail.  Try to remember that your attorney may be in court, mediation, a meeting, or may have just turned his or her cell phone off, which results in you having to leave a message.

 3.    Determine How You Want To Receive Your Case Documents:  Everyone is different and likes to receive information in a different manner. Some people want to receive their case documents by mail via the U.S. Postal Service.  Others prefer to receive them immediately via email. And there are some who prefer to stop by the office and pick them up via hand delivery. Be clear and let your attorney know how you would prefer to receive documents and which method is most convenient for you.

 4.    Review All First Filed Pleadings And Settlement Documents:  If you review the initial document that is filed with the court and all final settlement documents, you will know exactly what you are getting.  You would be surprised how many of you I ask in a deposition questions about what you have filed and you have no idea what you are asking for or what you mean.

 5.    Don’t Play Phone Tag:  Some people call repeatedly throughout the day expecting to reach their attorney only to find out that he or she is unavailable.  Here is the secret; talk to your attorney’s legal assistant and schedule a phone conference on the attorney’s calendar.  This way, you will know exactly when you get to speak to your attorney, and he or she will be ready for your call.

 6.    Save Your Questions:  Be sure to keep a notebook handy and jot down the questions you have regarding your case as they come to you. Before you call or email your attorney, make sure you have your notebook handy with all your questions.  This way when you call or email your attorney, you can address all your concerns at one time. Not only is this more efficient, but it will save you money in the long run, since you are charged for telephone calls and emails.

7.    Review Your Billing Statements:  We make our clients sign a statement that says they agree to open and read their billing statements. It sounds silly, but some people don’t read them.   The statement is another way to see what work has been completed on your case.  You may have questions regarding what the work was or why it was necessary.  If you ever have questions regarding the billing statements, you should be able to contact the office manager for clarification at no charge.

8.    If You Have A Problem, Schedule A Face To Face Meeting With Your Attorney:  Representing a client in a legal case is a lot about managing expectations.  If you don’t like the way your case is being handled, contact your attorney and tell them that you want an hour of their time at no charge to talk about your case and to explain that you have concerns about the direction the case is going.  I’m not saying do this all the time but definitely if you have a serious concern.  If your attorney will not sit down and talk to you, you should question whether you really need to keep that attorney.

 

 9.    Remember You Are Not Paying Your Attorney To Tell You What You Want To Hear:  I see a lot of people who hire an attorney who agrees with them.  Remember you are hiring an attorney to not only assist you in interpreting the law and how it applies to your case and your rights, but to also tell you the truth and provide you with advice.  You have the option to reject or accept that advice.  You are not hiring a parrot, so remember that you may not always like what you hear.

10.    Make Your Attorney Explain It.  Do not be afraid to ask your attorney to explain what they are doing.  I see some people who are afraid to ask because they don’t want to look as thought they do not understand.   Make sure you read and understand all documents before you sign them.  If you do not, ask your attorney to explain it again and again until you do understand.

 

These are just a few helpful hints that should make your attorney-client relationship and legal case run more smoothly.  If you need legal representation in Texas, give The Wright Firm a call at 972-353-4600 or check us out on the web at www.thewrightlawyers.com

 

Point of Law: Common Law Marriage in Texas

 
In Texas, an informal or "common-law"  marriage is a marriage between a man and woman who agree to be married, live together as husband and wife, and hold themselves out to others as husband and wife, but who have not obtained a marriage license and participated in a marriage ceremony.  

To enter into an informal marriage, a party must establish that he or she has met the statutory requirements and has the capacity to enter the marriage.  If you have questions about common law marriage, contact The Wright Firm, L.L.P. at 972-353-4600 and via the web at www.thewrightlawyers.com     

 

Point of Law: Texas Divorce Waiting Period

The Court may not grant a divorce in Texas before the 60th day after the date the suit was filed.  The waiting period is not required before a court may grant an annulment or declare a marriage void.  

A waiting period is not required if the court finds that: 

The opposing spouse has been finally convicted of or received deferred adjudication for an offense involving family violence against their spouse or a member of the spouse's household; or their is an active protective order against the other spouse because of family violence committed during the marriage.

The 60-waiting period is required based on the rationale that the parties ought not rush into divorce when there might still be a genuine prospect for reconciliation.  

This point of law has been brought to you by The Wright Firm, L.L.P.  If you have questions about the Texas divorce waiting period, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.

 

You’ve been served!

There are those individuals out there who receive a huge rush when tracking others down to serve them with lawsuits. We call these people process servers or servers. Sometimes they are individuals who are privately licensed by the State of Texas and sometimes they are Constables who are actually work for the government.  These individuals can be a great help to you and your attorney when they are working to serve a lawsuit for you and they can be a pain in your behind when you are the one they are looking for.  Ultimately, it is my opinion, that you can’t outrun, outsmart, or hide from service for too long.  These people simply have a job to do.  They will likely have information about where you live, where you work, what flight you’re coming in on, and even the make, model and plate numbers on your vehicle.  In fact, they can even have access to serve you in your own home,  wake you up from a dead sleep or catch you cooking breakfast if your spouse allows them into the home.

                It is important to know, that when you are served, your audition just started.  How you react will most certainly be forwarded onto the other party and his/her attorney.  Your reaction and behavior is a gauge of what you may act like in the future and how the opposing party and their attorney may decide to proceed forward.  That being said, don’t yell and scream at the server. It only will make you look unstable. They are doing there job.  Don’t refuse to sign the paperwork because guess what you don’t have too.  Don’t throw your car in reverse and fly down your driveway threatening to take out everyone behind you including the server. And don’t refuse to accept the paperwork because likely the process server will leave it on the ground where they said the magic words, “Mr. Doe, you’ve been served.”  That is all that is required. And from that point forward no one is too touch those papers but you. Which means you run the potential to have others know your business because they will likely just be left on the ground or under a rock. 

                Another important thing to remember, is that avoiding a process server will only go so far.  There are rules within the Code that allow a process server or constable to leave the documents with another individual and or affixed to your front door, your work front door, or any other place you are likely to be found.  From this point forward you are deemed served.  If you get served, you need to contact a lawyer for a consultation right away. Most of the time the documents are time sensitive and you can really damage yourself and your case if you do not respond timely.  

This post has been brought to you by The Wright Firm, L.L.P.  If you have questions, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.

 

Happy New Year!

Happy New Year!!!! On New Year’s Eve I was reading one of my favorite bloggers for 2010 who is Chris Brogan. Chris typically comes up with three words that will be his primary guiding pillars for what he will focus on in the coming year. He asked that the readers to his newsletter come up with their own ideas which I thought was a great idea. No slight to my wonderful family, but I decided to make this a business focus for The Wright Firm, you see I always need to spend more time with them, lose more weight, and exercise more so I thought that most of you who know me would already know this. To say that I am excited about our little firm for 2011 is an understatement. We have been working for several years now on a few initiatives that we are finally seeing resolution and fit nicely into my choice of words for 2011. My words are PEOPLE, PLACES, and PROJECTS. These will be our watch words for 2011 and our driving focus.

The first one being PEOPLE. We have made it a mission at The Wright Firm throughout the recession not to lay people off, cut back on salaries, or reduce benefits. Yes. We still pay 100% of our employees’ health insurance and have a 401k plan. And YES we have great PEOPLE working at the firm. We have tried to emulate the corporate cultures at Southwest Airlines and Zappos in that we will continue to put our PEOPLE first and it is our firm culture to continue to work on this. This may be shocking, but we believe that by taking care of our PEOPLE they will take care of our other PEOPLE, our clients. We have some exciting PEOPLE news in 2011. First, is that the firm has hired a new part- time CPA. We will be expanding our tax practice, litigation support, and small business support. We will also be offering Quickbooks training and support for small businesses. We have also hired a new lawyer who will be starting in mid January to work on expanding our Business Litigation and Appellate practice. We now are also able to offer two other programs which we refer to as our LOCAL COUNSEL and CO-COUNSEL programs. Maybe you need litigation support, a Divorce Decree Drafted and don’t have time, a local counsel to handle a hearing or walk a document through the court, we are here to help. More to follow on all of these topics…

Second, PLACES, some of you know that manage law firms that empty office space is frankly wasted money. Some of you also know that over the last few years as a result an unfortunate Wright family circumstance that we have sought to consolidate space, merge the firms from a technology and systems standpoint, and to integrate our practice areas that we could not do before. I am happy to say that as of February 1, 2011, we will have accomplished this feat. In the process, we have centralized firm management, reduced office space while retaining our employees, and have little or no wasted space. We have to remember bigger doesn’t mean better. Our Dallas office will be unified into Suite 775 as of February 1. PLACES ,for me, also means not just our physical space but our PLACE in the community. Those of you that follow our Facebook fan page know that we have also made it our mission to support community causes, and we will continue to do that in 2011. PLACES to the Firm also means those places where people congragate such as on Facebook, Forums, and other Social Media. It is nothing short of an understatement that Social Business will play an important part of 2011 for The Wright Firm.

Third, PROJECTS, these are the game changers and innovations that we as a firm continue to refine, create, and seek to implement. Here is an example, a couple of years ago we came out with the nofrillstexasdivorce.com site creating an unbundled option for clients for legal services. In the future, we will expand on this model, improve on offerings based on our two years experience with this program, and expand the offerings to other areas. In the first quarter of 2011, our new web site, Mom’s Divorce will go live for women seeking divorce. We have consulted with many lawyers from across the country who have provided information and support on this project. We will continue with our strategic partnerships in social media and continue to expand with projects that are too numerous to mention. We will also expand our Wright U for online legal education, our firm extranet, just to name a few more. In short, we are not static and we are always seeking to improve, change, and innovate at the business level.

We welcome 2011!!!! There are People to consult with, Places to go, and Projects to work on. It is going to be an exciting year.

Why Lawyers Need an IPad

I have never been a big fan of Apple. That is until Now. I don’t own an iPhone. In fact, I have reserved a special place somewhere for the service that AT&T provides for iPhone users. The firm supports Blackberry and iPhones. You guessed it. I am devoted Blackberry user. I am also one of those curious people who seek out new technologies. After playing with the iPad product for months, I have to say that it will be nothing short of a game changer. I am sure that at present it doesn’t have everything that we all want, like a camera. This may be remedied shortly if you believe the rumors. I only ask you to consider this fact. In the palm of your hand, you have your desk top, your email-for all email accounts personal and business, your iTunes, your Kindle, Apps for Texas Child Support, The Texas Family Code, Home Values, Car Values, the Internet, all sorts of social media, your Calendar, and every news source that you could want.

So, now you are saying isn’t that on my phone. Really, try talking to a client on your cell phone and checking your calendar. Then I have to ask you these questions. First, does your cell phone store all your documents where you can actually read them in a meaningful way?

Here are some Apps that you might what to check out. EVERNOTE for use on the iPad sets up an organizational system that can store documents, notes, and can be shared across multiple platforms. Second, DROPBOX, can be used for document storage. DROPBOX is free up to 2GB of data. Let me tell you , I have every sample form that I use in the program which is shared on my desktop and my iPad. If I want to show a client a document, I just pull out my iPad and let them look at the certain section of the Dallas County Standing Order. I can also take documents to meetings without bringing the entire file. I will also use an APP called QUICKVOICE. This APP is great if you need to record a note or record a client meeting. I really like the App called the VLC MEDIA PLAYER. The other day I had a trial and used the iPad to play a video during cross examination. Think about it. I didn’t need to haul in a TV, worry if the court had the necessary equipment, and I held the equipment in my hand. I have even read about some lawyers who have been using the iPad hooked up to a projector with the VGA connector and a Keynote presentation software to present exhibits in a quick manner. So, you can also use it in the court room.

So, if you don’t get one for any other reason, the games are much better when you are waiting in court.