The Wright Firm's Weblog

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.  

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.

 

 

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.  

 

Can the President Kill the Internet?

There is a bill pending before Congress that may give the U.S. President the power to effectively shut down the internet in the event of a “cyber attack”.  Coincidentally, this bill was introduced before the Legislature on the very day that the Egyptian government shut down internet access in that country.

The underlying idea of the “Cybersecurity and Internet Freedom Act of 2011” is to protect critical infrastructure from online attack.  The bill would give the President the power to Senator Joseph Lieberman, one of the bill’s proponents, stated that, “we need the capacity for the President to say, Internet Service Provider, we’ve got to disconnect the American Internet from all traffic coming in from another foreign country…”

The Department of Homeland Security, relying on the Communications Act of 1934, thinks the oval office already has the power to shut the ‘net down.  If there is a threat of war, that law gives the President the power to “cause the closing of any facility or station for wire communication” without advanced warning.  Is an ISP a “station for wire communication”?  Arguably it is.

Detractors of the current bill are calling it an “internet kill switch”.  Many argue that it would create a huge intrusion on privacy and personal autonomy – citing the premise that private industries are better suited for policing themselves from cyber attack.

What do you think?  Should the President be able to “kill” the internet in times of crisis?  Original article here:  http://techcrunch.com/2011/03/06/in-search-of-the-internet-kill-switch/?ncid=webmail

For information about 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., Texas Law, and Federal 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.

 

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!

 

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.

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.