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 . 

 

Denton Personal Injury Lawyer: Denton Apartment Railing Collapses: Three Hurt

WFAA was reporting Saturday, September 3, 2011 that Denton police said that three people were injured early Saturday morning when a third-floor railing came loose at an apartment complex that caters to college students.

WFAA reported that the three men were standing outside smoking when “the balcony fell off the building” at the Grove Apartments at 701 Ft. Worth Drive, around 3:15 a.m.  The condition of the individuals is unknown. The actual cause of the incident is still under investigation. 

 

Denton is home to The University of North Texas.   As a college town, there are numerous apartments that provide off-campus housing for students.  Students need to be reminded that they have rights which are no different than any other citizen.  Students should realize that they have rights such as:

 

Health, Safety and Security

Texas law provides that landlords guarantee a habitable unit for tenants to live in. Tenants have the right to live under safe conditions free of health hazards. Tenants have the right to security devices such as keyed exterior locks, door viewers and working smoke detectors. They also have the right to live in the property free of harassment and violence from other tenants. Landlord must install the following security devices: window latches, doorknob lock or keyed deadbolts, sliding door pin locks, sliding door handle latches, or sliding door security bars and keyless bolting device (that only can be locked and unlocked from the inside).

Right to Repairs

Tenants also have the right to request the repair or replacement of items which threaten their right to safe, inhabitable conditions. Tenants have the right to make repairs on their own, for which the landlord is still financially responsible, if the damage resulted from normal wear and tear or was not the fault of the tenant or their guest.

The full store can be read at the link below:

 http://www.wfaa.com/news/local/Denton-apartment-balcony-collapses-three-hurt-129186483.html 

 

For information regarding personal injury law contact The Denton County law firm of The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.  Our phones are answered 24 hours a day.  The Wright Firm, L.L.P. has offices in Dallas, Denton, and Lewisville, Texas.  Partners of the firm are both graduates of The University of North Texas. 

 

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.

 

 

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.

 

 

 

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

 

Lawyer vs. Attorney: Is there a difference?

What is the difference between a lawyer and an attorney?  People tend to use both terms in every day use. According to several articles and dictionaries, a lawyer is someone who has been trained in the law and who can give legal advice.  An attorney is somebody legally empowered to represent another person or act for them. The conclusion: They are the same. 

What is a Managing Conservator in Texas?

A “managing conservator” in a divorce or family law context is generally given every one of the rights, privileges, duties and powers associated with a parent, to the exclusion of all other people, including the other parent, other than as otherwise ordered from the court. In a nutshell, the managing conservator is the primary custodian of the children, and (1) has the right to make most of the major decisions governing the children’s lives, (2) has got the primary physical possession of the children (custody) and (3) has the right to receive child support on behalf of the children. There are two kinds of managing conservators, “sole managing conservatorship” and “joint managing conservatorship”. 

 

Does Your Reputation Equal Currency?

 I have been fascinated by the idea that your reputation equals a form of currency.  In a news article in January, the reporter indicated that Justin Bieber was more influential online than the Dalai Lama or the U.S. President. Really!  My eight year old child would say Justine Bieber sings like a girl; but more influential than the Dalai Lama?  Now that says something.  As a lawyer we have always known the value of our reputations.  Open an office, do good work, and over time the people would show up at your door.  The game has changed.  Now, your reputation can be seen everyday of every second of every minute of the day on social media sites, blog reviews, and attorney review sites like Avvo.com. 

Have you viewed the twitter stream in real time to see if tweets mention you or maybe your competitors?  Have you hired someone to manage your reputation?  Do you care about any of this?  The management of your reputation is now of critical importance.  Social media site Klout at Klout.com,  based on Twitter, claims it can tell you who the most influential company or individual  you should be listening to in cyberspace based on tweets, pings, and hits. So, what do you think? Does your reputation really equal a form of currency? Let me know your thoughts?