The Wright Firm's Weblog

No Need to Shoot Your Ring off!

Everyone knows the Beyonce song, “If you like it then you shoulda put a ring on it…” it’s catchy and cute, but what happens when you want that ring off?

 

If you are considering a divorce in Lewisville, there is no need to go to extremes to remove your wedding band.  A man in Pennsylvania learned that the hard way when he tried to shoot his wedding band off of his finger.

Read the full article here:

http://www.cbsnews.com/8301-504083_162-57574596-504083/drunk-federal-prison-guard-shoots-at-own-finger-to-remove-wedding-ring-police-say/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CBSNewsTravelGuru+%28Travel+Guru%3A+CBSNews.com%29

If you are considering a divorce in the Lewisville or surrounding area you should know there are much less harmful or dramatic ways to being the process. Remember ACC, (Assets, Children, Cooperation) when you start thinking about your divorce process:

Assets- meaning anything of value (property, cars, furniture, jewelry, cash, stocks etc.) Know what your assets are. Texas is a community property state, therefore any property or assets acquired after a marriage are equally owned by both spouses, unless there is a written legal agreement prior to marriage. You need to know what assets you have, where they are, and what if any assets you had prior to marriage. Assets held prior to marriage are separate property and belong only to the spouse that held them before the marriage.

Children- no matter what, they will be impacted by a divorce as a parent and adult it is your job to ensure they are not put in the middle of any divorce proceeding.

Cooperation – consider that you and your spouse will both have lawyers and other expenses to pay in the process of a divorce. Think about if there is any middle ground between the two of you. The more you can agree on in separating assets and arranging potential custody agreements, the less legal and other fees you and your spouse will have to pay.

Do you have questions about pursuing a divorce and what you should be thinking about? The Wright Firm is here to help and provide comprehensive legal representation through every step of your divorce. Give us a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com

Virgin Father says he’s “Donorsexual”

36-year-old Trent Arsenault is the father of 14 children.  Mr. Arsenault is also a virgin.  How did this happen?  Arsenault claims that he feels it is his duty to help childless couples by supplying them with sperm free of charge, and that he has devoted all of his sexual energy to this mission. He has coined the term “donorsexual” to describe his activities.  The Food and Drug Administration has ordered him to cease and desist.

                Does this mean that Mr. Arsenault is on the hook for child support for the 14 offspring he has helped create?  Under Texas law, that would turn on whether Arsenault falls within the definition of a “donor”.  Texas Family Code Sec. 160.702 says that a donor is not a parent of a child conceived by assisted reproduction.  A “donor” is a man who provides sperm to a licensed physician to be used for assisted reproduction.  If Mr. Arsenault provided his “donations” directly to the couples he is helping, then he may have a legal problem.

                Do you have questions about Texas Paternity issues?  The Wright Firm is here to help you!  Give our office a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Huffington Post article can be found here: http://www.huffingtonpost.com/2012/02/03/trent-arsenault-donorsexual-sperm-donor-video_n_1251595.html?ref=weird-news

 

Weird Lawsuit Chicago Style: Injured by a Corpse

An Illinois court recently upheld a woman’s right to sue the estate of a dead teenager.  The woman was purportedly injured by the flying dismembered body part(s) of the teen who was hit by an Amtrak train.  The plaintiff sustained a broken leg and wrist and injured shoulder after being knocked down by a sizable chunk of teen’s body.

While the court noted that case law on “flying bodies” is sparse, it stated that it was “reasonably foreseeable” that the high speed train would kill the teen and hurl his remains into the crowd on the train platform. Allegedly, 18 year old Hiroyuki Joho was running across a set of tracks to catch an inbound commuter train, when he was struck and killed by an Amtrak train going about 70 mph in the other direction.

While it is true that is Texas you can under certain circumstance sue the estate of a deceased person for negligence, there is no telling how a Texas judge would rule under these circumstances.

Have you been injured in an accident?  The Wright Firm may be able to help you!  Attorney Andrew Sher, “of counsel” to The Wright Firm, handles a variety of personal injury cases.  Give our office a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com. 

Original Chicago Tribune article can be found here: http://articles.chicagotribune.com/2011-12-29/news/ct-met-train-fatality-suit-20111229_1_amtrak-train-high-speed-train-metra-train

 

Chasing Ambulances?

We’ve heard lawyers referred to as “ambulance chasers” before, but there is a technical term for the practice of using unethical methods to chase down potential clients:  it’s called Barratry and it’s illegal.  The full definition of barratry under Texas law is found in the Texas Penal Code section 38.12.  However, the bottom line is that an attorney is forbidden by law from soliciting employment.  Put another way, the client can to come to the attorney and hire him, but the attorney cannot seek out a client and beg to be hired.  For example, a personal injury attorney cannot just show up in someone’s hospital room uninvited and try to sign the injured person up as a client.

 A new law passed this legislative session is strengthening the existing rules against barratry and helping individuals who sue attorneys who commit barratry.  Under the new Texas Government Code section 82.0651, a person who was solicited by an attorney in violation of barratry laws, but who did not sign a contract with that attorney can sue the attorney and recover:  1) $10,000.00, 2) any actual damages, and 3) the attorney fees incurred in suing the attorney who engaged in barratry.  Similar remedies are available for persons who DID sign a contract with the offending attorney.

Lawyers across the state are taking notice of the new laws.  Many are taking steps to be extremely careful in tracking how clients come to their firm.  A full-page advertisement has even been posted in the Texas Bar Journal magazine warning that, “The legislature just made it a lot more dicey to chase ambulances in Texas.”

For full article from the Dallas Bar Association click here: http://www.dallasbar.org/content/bill-creates-new-civil-remedies-barratry

For the Texas Lawyer site (by Law.com) article click here: http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202513923807&slreturn=1&hbxlogin=1

If you seek information about your Texas legal case, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com . 

 

Pole Tax?

The Texas Supreme Court upheld a $5 per patron fee requirement on establishments that provide both nude dancing entertainment and serve alcohol.  The so-called “Pole Tax” was challenged on First Amendment freedom of expression grounds.  The idea being that a forcing nude dancing clubs to pay this tax is a restriction on the dancers’ freedom to express themselves via gyrating naked.

The Texas high court was careful to make the distinction that the tax only applies to establishments that offer alcohol. In its opinion, the Court stated that the tax is not directed at the dancing itself, but rather at the “secondary effects” of naked dancing and alcohol consumption combined.

For the Court’s full opinion* click here: http://alt.coxnewsweb.com/shared-blogs/austin/courts/upload/2011/08/supreme_court_upholds_texas_po/pole%20tax%20opinion.pdf

*in case you’re curious – take a look at footnote 4 on page 2  for the definition of “nude” – it takes a lot less nakedness to be “nude” than you might think.

For the original ABA Journal article click here: http://www.abajournal.com/news/article/texas_supreme_court_upholds_nude_dancing_customer_fee

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

Social Media “Unfriend”-ly to Kids’ Grades!

Most of us are already well aware of the highly distracting nature of Facebook, Twitter and other social media, but did you know that all this tech distraction could actually be causing your children to earn lower grades?  A recent study of middle school, high school, and college students has found that those students who checked Facebook at least once during a fifteen minute study period got lower grades.  Other studies have shown that student who are active social media users were less physically healthy, more prone to depression and had narcissistic tendencies as well as other psychological disorders. (It should be noted that the study could not confirm whether Facebook and similar sites merely attracted narcissistic individuals or actually created the narcissism.)

The findings were announced at American Psychological Association annual convention by Professor Larry Rosen.  Rosen remarked about a research assessment in which student were observed studying for 15minutes, “What we found was mind-boggling. About every 3 minutes, they are off-task.  You’d think…knowing that someone is observing you, that [the students] would be more on task.”

Parents, what do you think?  Have you noticed any depletion in your child’s attention span or lower grades when your child is permitted to use Facebook?

Social Media sites like Facebook, Twitter and Google+ are becoming more and more important in Family Law cases.  Family attorneys can use these sites as a gold mine of information both about the parents’ activity as well as a child’s.

If you need assistance with a Family Law case, give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

See the full article here:  http://healthland.time.com/2011/08/08/kids-who-hang-out-on-facebook-do-worse-in-school/

 

Bar Exam Baby!

The taking of the Bar Exam is part of the metaphoric labor pains of being born into a career as an attorney.  However, for Illinois bar-taker Elana Dawson, those labor pains were much more literal.  On the second day of a two-day bar examination, Ms. Dawson went into labor with only 3 hours left to complete her exam!

Rather than give up and leave, Ms. Dawson actually hurried up and finished the examination.  She was then granted special permission to leave the exam early by proctors and walked to a hospital.  Ms. Dawson gave birth to a healthy son less than 2 hours after completing the exam.

When asked if she is concerned about her bar exam results, Ms. Dawson is quoted as saying, “The last hours of the exam were not my strongest moments in terms of focus, so I am perfectly content with what happens.”

Full article can be found here:  http://www.upi.com/Odd_News/2011/08/06/Woman-finishes-bar-exam-gives-birth/UPI-45571312619400/  

 

If you need a lawyer in Texas contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. 

 

Beer for World Peace!

In honor of National Beer Day, the Wright Firm presents this story of beer and the law:

Naming rights in the liquor industry are a huge legal issue.  Everyone wants their microbrew’s name to be as unique and have just as much flavor as the beer itself.  Recently however, two different microbrews found themselves BOTH using the name “Salvation” for their product.  Prime fodder for an infringement lawsuit, right?

Rather than sue, the brewers actually contacted each other and attempted to work out a solution themselves.  What resulted was a new product that blended the two potentially infringing beers into a hybrid called “Collaboration Not Litigation Ale.” 

Now attorneys in the business warn that this could cause problems for the brewers in the future, as the lack of aggressive protection of a trade name can make a beer company lose value.  The brewers claim not to be worried as they have no intention of every selling their businesses. 

While beer can bring people together, if you love it too much it can get you into legal trouble in the form of DWI, divorce, or possibly even bankruptcy.  If you’ve drunk yourself into a tight spot, The Wright Firm is here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightfirm.com.  And please – Always drink responsibly!

Original article from the American Bar (not THAT kind of bar…) Association Journal can be found here:  http://www.abajournal.com/magazine/article/bottoms_up_litigation_down_microbrewers_forsake_litigation_opt_for_collabor/

 

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.

 

 

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