The Wright Firm's Weblog

NO MORE CRIMINAL CITATIONS FOR TEXAS STUDENTS?

On Tuesday, April 26, 2011 the Texas Senate approved a bill against ticketing students younger than 12 years old for things such as fighting or being disruptive during class. Ticketing students became a huge issue after a report by Texas Appleseed showed that African American students composed only 30% of the students in DISD but received 62% of the citations. Last year, two hundred and eighty-eight tickets were issued to 10 to 11 year-old students in Dallas schools. Additionally, the Senate approved a bill which essentially reworks truancy enforcement. The bill would require schools to deal with truancy by implementing anti-truancy measures before issuing a ticket. Specifically, schools would have to report how they used anti-truancy measures to intervene before the student is ticketed. Opponents of the legislation said that the bills remove a valuable tool in student discipline, because students are less likely to misbehave if they know they can be ticketed for it. Bill supporters, however, state that tickets do not prevent misbehavior, will scar the student’s record and bring a child into the criminal justice system too early—all for infractions that used to be dealt with by the school principal. Both bills are now headed to the House for approval. 

For information on Texas criminal law contact The Wright Firm, L.L.P. at 972-353-4600 or visit us 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.

 

 

TheWrightFirm'sWeblog

New Texas Mediator Rules!

 

In the legal profession, we are used to the law changing. Now the rules for mediators are changing. Effective June 1, 2011, mediators will have additional obligations to the parties. Mediators have always been required to remain neutral and not provide the parties legal advice. A new addition to mediators conduct is that a mediator should not knowingly misrepresent any material fact or circumstance in the course of the mediation.  As of June 1^st mediators will be required to disclose any possible conflicts of interest prior to the commencement of the mediation. This disclosure should include any interest in the subject matter of the lawsuit or any known relationships with the parties. The final change is that mediators should not conduct more than one mediation simultaneously without the consent of all the parties. 

 

Contact The Wright Firm today to have Cynthia Palmer mediate your case.  You can reach the firm 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.

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“Sext” Ed

A new bill has passed the Texas Senate by a hefty 29-1 margin that would reduce the classification of a “sexting” offense from a felony to a Class C Misdemeanor.  This reduction would only apply to first-time offenders who are younger than age 18. 

The bill further gives a judge the discretion to order both the minor and the minor’s parents to participate in a sexting education course.  The Texas School Safety Center will be responsible for creating the curriculum for the course.  Parents, in case you didn’t have enough good reasons to monitor your teens’ texting habits, now you have one more.  Both you and your teen can get detention, so to speak.

While neither the teens nor parents in questions may be happy about being fined and forced to take the class, the punishments under existing laws are much harsher.  In fact as the law stands now, any person who sends a sexually explicit image of a minor can be charged with felony trafficking in child pornography.  That would look a bit worse on someone’s permanent record.

If you or your children are having problems with the law, The Wright Firm’s criminal defense attorneys are here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original Dallas Morning News article can be found here: http://trailblazersblog.dallasnews.com/archives/2011/04/senate-approves-measures-to-al.html

 

 

 

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.

 

 

Settling the Score: Mediated Settlement Agreements

The Ninth Circuit Court of Appeals recently ruled that the Winklevoss brothers cannot back out of the settlement agreement they reached with Mark Zuckerberg and Facebook.  The drama between these warring parties is Oscar-Caliber – quite literally.  The film “The Social Network based on the creation story of facebook and the controversy over who really invented it was nominated for Best Picture!

So what if YOU have entered into a settlement agreement in your family law case and now you want out?  Well, the bad news is, that’s pretty hard to do! The Texas Family Code says that a Mediated Settlement Agreement (“MSA”) is binding and either of the parties are entitled to a judgment on that agreement if the MSA meets 3 requirements.  These requirements are:

(1)    That the agreement provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation;

(2)    That the agreement is signed by each party to the agreement;  and

(3)    That the agreement is signed by the party's attorney, if any, who is present at the time the agreement is signed.

If your MSA meets these requirements, odds are you’re stuck! There are a few exceptions to this, however.  One exception is that the Judge can decline to enter judgment based on an MSA IF:

(1)    a party to the agreement was a victim of family violence, and that circumstance impaired the party's ability to make decisions; and

(2)    the agreement is not in the child's best interest.

The best thing you can do if you have questions about mediation or mediated settlement agreements is to contact a licensed attorney.  The Wright Firm would be happy to help you with your questions!  Call us today at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original article about the Winklevoss case here: http://money.cnn.com/2011/04/11/technology/winklevoss_facebook_lawsuit/index.htm 

 

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.

 

 

Making it Work: Legal Benefit Plans

Harris Interactive recently published a study called “The Impact of Legal Matters on Today’s Workforce” with some interesting results! For instance, did you know:

1. Of those surveyed who had retained an attorney 70% said that having legal counsel made them feel more confident and made their legal issue easier to resolve?
2. That employees with personal legal issues spent on average 3 hours a week for 5-6 weeks working on their personal matter WHILE AT WORK?
3. 37% of men surveyed and 47% of women surveyed said that dealing with a personal legal issue negatively impacted their physical and emotional health?

Employers are finding that offering employees “legal insurance” plans as part of employee benefit packages are having a positive effect on the workforce.  Providing employees with legal benefit plans opens the door to legal counsel for many who could not otherwise afford it. Enabling an employee to hire an attorney can be beneficial to the employee as well as the boss.  The employee has the peace of mind that comes with being able to hand off their personal legal matter to the attorney, and the boss gets a more confident and more productive employee.

Do employees really get much use these kinds of plans?  You bet!  In fact the Harris Interactive study showed that of employees who had used legal benefit plans, 90% said they would use it again. 

If you have a legal benefit plan that you want to use, give your plan provider a call and ask if The Wright Firm is part of their network.  The Wright Firm would be happy to help you with your legal matter.  Give us a call 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.

 

 

Texas High School Football Helmet Law?

A new bill has passed the Texas House of Representatives that would require Texas high school football programs to take measures to ensure football helmets are maintained in good condition.  Helmets 10 years old or older would have to be reconditioned every two years and retired completely after 16 years.

Texas LOVES high school football and we LOVE our football players.  The problem is that most of that love is directed at the Varsity team who get the newest equipment and uniforms.  Meanwhile, JV, freshman and Middle School squads tend to get the hand-me-down equipment.  Those younger craniums are just as deserving of remaining concussion-free!  The bill is aimed at protecting those noggins and hopefully reducing number of the up to 67,000 high school athletes each year who suffer concussions.  The bill will soon be up for debate before the State Senate.

The full story can be found here:  http://www.star-telegram.com/2011/04/05/2977997/texas-house-bill-creating-rules.html

And if you really love Texas High School Football (and their helmets!) check out: http://txhshelmetproject.com/

 

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

 

BANKRUPTCY: “MY BANK WON’T GIVE ME MY MONEY!”

 When I meet with clients to prepare for their bankruptcy filing, one of the questions I ask is whether they have a bank account with a financial institution they owe money.  If they do, I advise them to move their money to another bank.  When you deposit money, you are loaning money to the bank.  It may not seem like a loan, because the bank promises to return this money to you when you ask for it, but it is in fact a loan.  In situations where you also owe the bank money, a “mutual obligation” exists, meaning both you and the bank have a duty to repay and a right to be repaid.  If you default on your loan, they will take money from your bank account.  This is referred to as a “setoff.”  If you get behind on your payments, the first thing you should do is move your money to a financial institution you don’t owe money.  If your bank freezes your bank account, then you should consider discussing your financial situation with a bankruptcy attorney.

 

For more information about filing a bankruptcy in north Texas, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our websites at www.thewrightlawyers.com or www.northtexas-bankruptcy.com.  Each case is different so be sure to contact an attorney to discuss the specific facts of your case.

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.

 

 

 

 

 

Getting from Point A to Settlement: What is the Mediation Process?

You’ve just been informed by your attorney or the court that you are set for mediation. What does that mean for you? What is the process for mediation? Is there even a set process for mediation?

Mediation means something different to every party involved in a lawsuit, but mediation as a part of the legal system offers every party in a lawsuit the opportunity to craft their own settlement rather than having a judge or jury determine their fate. Each mediation will have its own unique flow and personality based on the type of case being mediated, but in general there are 6 steps to a formal mediation.

1. Introductory Remarks: The mediator takes the opportunity to introduce themselves to the parties and introduce the parties and respective legal counsel to one another. It is possible that the parties and/or their legal counsel may have never met in person until the day of mediation. The mediator will also take the opportunity to explain their role in reaching a settlement and the rules for the mediation. Many times, especially in Texas and in family law cases, the mediator will then separate the parties.
2. Statement of the Issues: The mediator will give each party the opportunity to state their case, uninterrupted, to both the mediator and the other party. Either the lawyer for the party or the party themselves will make this statement.
3. Information Gathering: The mediator will ask the parties questions about the case and settlement issues.
4. Problem Identification: This can be done as part of the Information Gathering segment or separate depending on the mediator, type of case and the parties.
5. Generating Options: The mediator will work with each party to develop settlement options and discuss the viability of those options. These options are then merged into the final step of mediation—
6. Reaching an Agreement.

 

Other than the Introductory Remarks, the steps in the mediation process are very fluid and in most cases will overlap one another. Mediators develop their own personal style of working through these steps and their personality will influence how they handle each of the steps. There may be times that you feel that the mediator is simply chatting with you, but in reality the mediator is most likely trying to determine what your temperament and personality are by learning more about you as an individual. Knowing a party’s personality and temperament help the mediator develop a strategy to get to the last step of mediation-- agreement. 

 

If you need a mediator to mediate your case, contact Cynthia Palmer at 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.