The Wright Firm's Weblog

Oscar Time: The Best Lawyer Movies to Win an Oscar!

Sunday night is Oscar night!  We at the Wright Firm love a good movie, and there’s nothing like a good legal drama.  Here’s our (well… MY) list of Favorite 5 Oscar-Winning movies and Favorite 5 Oscar-Nominated movies featuring lawyers and legal battles.

First, those who took home the Oscar:

1. To Kill A Mocking Bird (1962).  Okay, maybe this one is obvious, but a classic and not to be missed.  Plenty of attorneys out there practicing still cite Atticus Finch as an inspiration.
2. My Cousin Vinny (1992).  One of movie history’s briefest opening statements, “Everything that guy just said is bull-s**t”.  And who didn’t love Marissa Tomei’s turn as an extremely hostile expert witness?
3. Erin Brockovich (2000).  Julia Roberts plays a gal who claims she “hates lawyers! I just work for them.” And manages to help a small town fight and ultimately win one of the biggest toxic tort cases in U.S. history.
4. Chicago (2002).  Who knew lawyers can sing and dance?  Nobody gives the jury the “Ol’ Razzle-Dazzle” like Billy Flynn.
5. Kramer v Kramer (1979).  Also one of the great divorce movies.  Rumor has it for some of the more complex scenes Dustin Hoffman built his character around his own divorce experience.

And now those who were nominated, but the judges ruled against them:

1. A Few Good Men (1992). You Can’t Handle The TRUTH!  What more needs to be said?
2. 12 Angry Men (1957). This one was nominated for three Oscars but didn’t win.  Still, one of the few movies that ever made jury duty seem grippingly interesting.
3. Inherit the Wind (1960).  The Great Spencer Tracy plays The Great Clarence Darrow in the midst of the Scopes “Monkey Trial.”  No matter what your views of evolution, this is a must see for every law student, and anyone else who appreciates a good social debate.
4. The Verdict (1982).  Paul Newman plays an aging alcoholic lawyer making one last attempt to redeem himself against all odds.  Great underdog story.
5. Primal Fear (1996).  Edward Norton is fantastic in one of his first major roles, earning him the Oscar nod.  Richard Gere’s final cross examination of his client is worth the watch.

I know many of you out there are screaming that I missed one of your favorites, so tell us what we missed in the comments!

 

Cookie Monster!

A Florida woman was recently charged with aggravated assault with a deadly weapon for chasing her roommate with scissors and then hitting said roommate with a board and a sign.  And what started the fight?  Girl Scout Cookies. 

Hersha Howard was none too pleased Sunday morning to find her Thin Mints eaten.  She allegedly woke her roommate up and accused her of the cookie theft, and a fight ensued. I can’t say as I have much sympathy for Ms. Howard.  I’m more of a “Tagalong” lover personally.

If your roommate annoys you (by eating your cookies or otherwise), try to avoid violence if possible.  For those of you who have already gotten punchy, Texas law says that intentionally, knowingly, or recklessly causing bodily injury to another person constitutes an assault.  The assault turns into aggravated assault if you use a deadly weapon (yes, scissors can kill).  Texas recognizes assault as a crime (meaning you could be punished by fines or possibly jail time) and also as a tort (meaning the person you injured could sue you for money damages).  Either version has the same elements that the State or the Plaintiff would have to prove.

 Of course, this is an over-simplified explanation and no substitute for an attorney’s advice.  Call The Wright Firm today at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com to find out how we can help you!  Original new story can be found here: http://www.newsobserver.com/2011/02/22/1007319/fla-sheriff-fight-over-cookies.html?story_link=email_msg

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys

Texas Lawyers Vote NO on New Rules!

After a month of voting and even more months of debate and discussion, attorneys throughout the State of Texas have overwhelmingly voted down six propositions to change the Texas Disciplinary Rules of Professional Conduct, the ethical rules that attorneys in this state must operate under. All of the six propositions were defeated by wide margins ranging from 77% to over 81% against, sending a clear message to law makers.

Most attorneys believe that the existing disciplinary rules are not perfect.  However, the new proposed rules had major flaws that would have rendered them in many attorneys’ minds a step backward rather than forward.  For example, certain proposed changes in the rules would be fine for one practice area of the law, but didn’t take into consideration a seriously detrimental side effect on a different practice area.

Speaking for myself as an attorney, I believe that some updates to the rules are actually in order, but for the change to be truly meaningful and helpful there needs to be careful planning and crafting to it.  These proposed rules lacked that craftsmanship.

For information regarding Texas law,  contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. 

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law. Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys. 

 

 

 

An Old Flame: Get Ready to Pounce!

We’ve all done it, or at least thought about it.  At some point in your life there has been a person for whom you waited on pins and needles until he/she was single again so you could pounce.  Well, now Facebook is ready to assist!

A new Facebook app allows users to track the relationship status of selected friends.  If a friend on your watch list changes his relationship status, you are sent an email notification.  It’s admittedly a bit stalker-ish, but techno bloggers expect the app to be “hugely popular”. 

Have you been waiting for your college or high school flame to get divorced?  As long as he or she is one of your Facebook friends, you can now be the first to know when it happens.  And of course, nothing is real until it is posted on Facebook…

Speaking of divorce, if you are interested in a divorce of your own (hey, maybe that old college flame is waiting for YOU), call The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

Packing Heat on a Texas Campus!

A bill is up for vote in the Texas House of Representatives that would allow students at Texas universities to carry concealed handguns on campus.  The law is directed at situations like the Virginia Tech mass shooting, with the idea being that students who are armed would be better able to defend themselves.  The state Senate passed a similar bill in 2009 and is expected to pass the current bill as well.

Texas would be the second state (Utah was first) to allow concealed handguns on all college campuses.  Texas is uniquely situated for legislation like this.  First, Texas has 38 public universities with over half a million students, so the law would touch a huge number of individuals.  Secondly, Texas has a generally very gun-friendly culture, which would help a law of this nature gain general acceptance.

Under current Texas law, a person who is 21 years of age or older may obtain a concealed handgun license if he or she passes both a training course and a background check.  However, even with the license, guns are currently prohibited in dorms, buildings and other areas of the grounds on college campuses.  So, the question is – do we really want college students packing heat to class?

For more information on Texas laws contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. 

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

 

 

Is My IPAD Confession Really Confidential?

Little iApps, an Indiana software developer, has introduced "Confession: A Roman Catholic App" for iPhone, iPad and iPod Touch devices. Downloadable for $1.99 from Apple's iTunes, the password-protected program offers a step-by-step examination of conscience and guide to the Sacrament of Reconciliation.  I was curious so I downloaded the App and noticed that during the step-by-step examination of conscience that the App essentially has a check list for sins.  I started thinking, is the App and the information contained within really confidential?

 In Texas, confidential communications are privileged if they are made to a member of the clergy “in the member’s professional character as a spiritual advisor.”  You are not initially making these statements to a member of the clergy.  It seems that even the Catholic Church agrees with this statement. The Vatican issued a statement on February 9, 2011 indicating the electronic version of the Catholic sacrament of confession was no substitute for old-fashioned confession to an actual priest.  "It is essential to understand that the rites of penance require a personal dialogue between penitents and their confessor," explained Federico Lombardi, speaking for the Vatican. "The rites of penance ... cannot be replaced by a computer application."Linda Ann Nickerson Article on Vatican Response. The comments can be saved in the App.  

A member of the clergy under Texas law includes a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization.  The privilege may be asserted by the communicant, her guardian or conservator, or her personal representative (if the individual is deceased).  The clergy member may also assert the privilege.  The privilege protects confidential communications made privately and not intended for further disclosure except to other people present in furtherance of the purpose of the communication.  Clearly, if the device was filled out during confession it would probably be considered a confidential communication.  However, if you complete the program before you enter the confessional,  is your information protected?  One can imagine the information that might be revealed by a clever lawyer searching for information in the middle of a divorce case.  What about a police detective or the district attorney investigating a crime?   Until this point is clarified under Texas law, one should be careful about making the I-pad confession.  You may actually be making your confession to the judge. 

For more information regarding a Texas Law or to speak with a Dallas Divorce Lawyer, a Denton Divorce Attorney, or a Collin County Divorce Attorney contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day).  For more information on Texas law visit our website at www.thewrightlawyers.com. Reading this blog post does not create an attorney-client relationship.  The facts of each case may be different so speak to a lawyer about the specific facts of your case. 

 

 

 

The Grammys, Rihanna, and Texas Protective Orders!

In 2009, Chris Brown admitted that he had assaulted Rihanna following a pre-Grammy Awards party.  Presently, there is a restraining order that stops him from contacting Rihanna.  So how could Chris Brown attend the Grammys?  According to Billboard Magazine, the court order, which prevents Brown from coming closer than 50 yards to Rihanna, allows for an exception when both singers are required to attend a music industry event.   At the Grammys, the rules are relaxed and Brown must instead come no closer than ten yards from Rihanna.  Digitalspy.com/Rihanna Article. 

Both stars are nominated for awards, but a 2009 court order remains in place for the singers to steer clear of each other, and Brown is not expected to attend Sunday's awards show, reports AP.  There are questions about whether Rihanna, who has been reported to be battling the flu, will attend. USA Today. 

This case highlights the need for restraining orders and protective orders in dating violence cases.  In Texas, a protective order can be granted where family violence has occurred and is likely to occur in the future. An adult in a dating relationship may file an application for a protective order. Further, any adult may apply for a protective order for the benefit of a child, including a child who is a victim of dating violence. If the protective order is granted, the order can require that a party who committed the violence to do certain acts that the court deems necessary or appropriate to prevent or reduce the likelihood of family violence.   Any party who has a Protective Order granted against them may be required to take a battering-intervention-and-prevention program, may be prohibited from communicating with the protected party or a member of their household in a threatening manner, prohibits the offending party from going to or near the person or the person’s residence, and will suspend the person license to carry a concealed handgun or even possessing a firearm or ammunition.  In cases in Texas where a judge believes that the protective order standard may be too high or not be able to be met, the court could place an injunction in place that provides many of the same remedies as the Texas Protective Order. 

 

If you find yourself in a situation where you are a victim of family or dating violence and want more information contact the National Domestic Violence Hotline. National Domestic Violence Hotline.  If you are in Texas and want more information about Protective Orders, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. Attorneys at The Wright Firm, L.L.P. are only licensed to practice law in The State of Texas.  This post does not create an attorney-client relationship.  The facts of each case vary and the laws are different in each state so be sure to check with an attorney in your jurisdiction.    This post is meant as general information and not legal advice. 

 

 

Seriously, you may have to insure a twenty pound male dog in Texas?

State Rep. Ruth Jones McClendon (D-San Antonio) has introduced a bill that would require any Texan who owns a male dog which weighs 20 pounds or more and is not neutered to have an insurance policy covering injuries or damage caused by that dog when it is off the leash or out of the dog's yard, San Antionio’s 1200 WOAI Michael Board reports.1200 WOAI Dog Insurance Article

Apparently the bill would only apply if dogs are off their lease and not on their own property.  The article explains that the U.S. Sportsmen's Alliance called it 'ridiculous.'

"Why male dogs only?" Alliance spokesman Jeremy Rice asked.  "Why dogs 20 pounds and not 17? Why only unaltered dogs?" 

So what about the owner who fails to secure their dog?  The owner who fails to have their dog neutered?  Is it really necessary to require all dog owners who fit this category to provide insurance?   Does State Rep. McClendon assume that only dogs that are over 20 pounds dangerous? Isn’t it really the dog owner’s responsibility? We might as well have insurance on humans for the injuries or damage caused by the human? Should we limit this insurance to males over 200 pounds who have not been neutered?   What do you think?

If you have questions about Texas law, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.  Reading this article does not create an attorney-client relationship.  Each case is different so be sure to consult with an attorney.  

 

Sugar High!

Valentine’s Day is on the horizon.  A day of love, romance and best of all, extreme quantities of candy!  All those chocolates and candy hearts can give you quite a buzz, but what it can’t give you is a defense. The public heard about the supposed “Twinkie defense” during the murder trial of Dan White, a San Francisco man accused of murdering two city officials.  The general idea was that a person who committed a crime while hopped up on excessive amounts of sugary food (like Twinkies) could plead that the sugar rush diminished their ability to know right from wrong.

The problem with the defense is that, much like a Twinkie itself, there really isn’t anything to it but fluff.  Texas law does leave room for insanity as a defense to charges of criminal conduct, but it’s a pretty high bar.  Your defense attorney would have to show that you had a severe mental disease or defect which made you not know that your conduct was wrong.

Even in the trial that made it famous, the “twinkie defense” was not actually used by defense counsel.  There was evidence introduced that the defendant suffered from depression, and that eating high sugar foods was a symptom of his mental condition, not the cause of it.  But, since “twinkie defense” sounded much catchier than “diminished mental capacity,” the cutesier phrase was picked up by the press and public.

Bottom line:  No matter how many conversation hearts you gobble up on February 14^th, if you commit a Valentine’s crime of passion – don’t bother telling the Judge, “The sugar made me do it!”

If you need help defending yourself, give The Wright Firm a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com!

 

What’s Eating You?

At the end of January, the USDA released a new set of dietary recommendations for Americans. Of course eating right is good for you, but did you know it could be good for your child custody case? When a Judge is making a determination of what is in your children’s best interest, the judge will look at ALL aspects of your parenting skills including – you guessed it – what you feed your kids. Most family law attorneys have heard either their own client or an opposing party on the witness stand crying, “All she ever feeds them is French fries!” Even outside of the courtroom itself, the food you feed your children can impact your custody case. In many cases a professional will be appointed by the judge to interview each parent and the children and to visit with each parent and children together in that parent’s home. One of the questions the kids get asked is, “What do you eat when you’re with mommy/daddy?” So, check out those new USDA guidelines and give yourself and edge! The full report can be found at http://www.cnpp.usda.gov/dietaryguidelines.htm. The Parents® magazine “short version” can be found at http://www.parents.com. If you need assistance with your child custody case, give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!