The Wright Firm's Weblog

Married to Her Stepdad?

As a child, Orola Dalbot really liked her stepfather.  He was kind and good-looking.  However, Orola was horrified when she found out that the man was not only her stepfather – he was her husband!  Orola was married at the age of 3 in the same wedding as her mother to the same man, but she did not find out that she was married until she turned 13. 

 

The unusual marriage relationship came about because of an old custom of Orola’s tribe, the Mandi people of Bangladesh.  Orola’s mother Mittamoni was widowed at the age of 25.  According to tribal rules, for Mittamoni to remarry – she had to marry someone in the same family clan as her deceased husband.  The problem was, and is for many other women in the Mandi tribe, that there weren’t many unmarried men available who were both of marrying age and of the correct family clan.  So, Mittamoni’s only option for a groom was a 17-year-old man. When a Mandi widow marries a much younger man, tribal tradition requires that the widow offer her daughter as a sort of “alternate bride” to take over the wifely duties (yes, ALL of them) when the daughter comes of age.

 

Mothers and daughters share a lot, but can you imagine having to share a husband with your mom?  The multi-marriage took a toll on Orola’s relationship with her mother, particularly when their shared husband began to prefer his younger bride.  Her mother apparently went so far as to spike Orola’s food to make her sick, so that Mittamoni could have a night with their husband.

 

Hopefully, none of our blog readers have a family situation THIS complicated.  But whatever your family drama involves – The Wright Firm is here to help you!  If you have an ongoing or potential divorce, child custody case, child support case, or other family law issue be sure to give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

 

Original story can be found here:  http://lifestyle.msn.com/relationships/article.aspx?cp-documentid=30351206&GT1=32002

 

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.  

Breakup Bling!

I would hazard to wager that most women have at least one or two pieces of jewelry left over from past fizzled relationships - be it a wedding ring still shoved in a dresser drawer post divorce, or that “Tiffany” necklace that turned out to be as true as the boy that gave it to you.  These days, new websites are popping up that allow women (and men) to turn that break-up jewelry into cash when, as one site put it, “You don’t want it, but he can’t have it back.”

Many people feel awkward walking into a pawn shop and hocking what was once a treasured item.  Not to mention, pawn prices are frequently not anywhere near as high as one would hope.  The sites give the broken hearted not just a place to sell their jewelry for closer-to-market prices, but also in some cases has the cathartic benefit of allowing the seller to tell his or her story.  One such site, www.exboyfriendjewelry.com actually requires those listing items for sale to include the breakup story in their listing.

It’s not just “regular” gals selling their jewelry either!  Celebrity exes like Jennifer Lopez and Ellen Barkin reportedly have had their breakup gems sold at auction. For those of us who don’t quite have enough of a collection to merit our own auction, or even for folks looking for a good deal on slightly used jewelry, these websites might be worth a look.

If you are going through your own break up, just a reminder – under Texas Family Law, anything that you receive as a GIFT or owned PRIOR TO the marriage (and engagement rings tend to fall into both categories) will fall under the definition of separate property.  Separate property is NOT subject to being divided up by a divorce court.

Need help with your Texas divorce?  The Wright Firm is here to help you!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Video of the original Nightline story can be found here:  http://abcnews.go.com/nightline.  Text of the story can be found here: http://abcnews.go.com/US/lead-celebrities-ordinary-women-sell-break-bling/story?id=14307992

 

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.

 

 

 

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. 

 

 

 

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.