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

 

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 . 

 

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.  

 

An Old Flame: Get Ready to Pounce!

We’ve all done it, or at least thought about it.  At some point in your life there has been a person for whom you waited on pins and needles until he/she was single again so you could pounce.  Well, now Facebook is ready to assist!

A new Facebook app allows users to track the relationship status of selected friends.  If a friend on your watch list changes his relationship status, you are sent an email notification.  It’s admittedly a bit stalker-ish, but techno bloggers expect the app to be “hugely popular”. 

Have you been waiting for your college or high school flame to get divorced?  As long as he or she is one of your Facebook friends, you can now be the first to know when it happens.  And of course, nothing is real until it is posted on Facebook…

Speaking of divorce, if you are interested in a divorce of your own (hey, maybe that old college flame is waiting for YOU), call The Wright Firm 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.

 

The Grammys, Rihanna, and Texas Protective Orders!

In 2009, Chris Brown admitted that he had assaulted Rihanna following a pre-Grammy Awards party.  Presently, there is a restraining order that stops him from contacting Rihanna.  So how could Chris Brown attend the Grammys?  According to Billboard Magazine, the court order, which prevents Brown from coming closer than 50 yards to Rihanna, allows for an exception when both singers are required to attend a music industry event.   At the Grammys, the rules are relaxed and Brown must instead come no closer than ten yards from Rihanna.  Digitalspy.com/Rihanna Article. 

Both stars are nominated for awards, but a 2009 court order remains in place for the singers to steer clear of each other, and Brown is not expected to attend Sunday's awards show, reports AP.  There are questions about whether Rihanna, who has been reported to be battling the flu, will attend. USA Today. 

This case highlights the need for restraining orders and protective orders in dating violence cases.  In Texas, a protective order can be granted where family violence has occurred and is likely to occur in the future. An adult in a dating relationship may file an application for a protective order. Further, any adult may apply for a protective order for the benefit of a child, including a child who is a victim of dating violence. If the protective order is granted, the order can require that a party who committed the violence to do certain acts that the court deems necessary or appropriate to prevent or reduce the likelihood of family violence.   Any party who has a Protective Order granted against them may be required to take a battering-intervention-and-prevention program, may be prohibited from communicating with the protected party or a member of their household in a threatening manner, prohibits the offending party from going to or near the person or the person’s residence, and will suspend the person license to carry a concealed handgun or even possessing a firearm or ammunition.  In cases in Texas where a judge believes that the protective order standard may be too high or not be able to be met, the court could place an injunction in place that provides many of the same remedies as the Texas Protective Order. 

 

If you find yourself in a situation where you are a victim of family or dating violence and want more information contact the National Domestic Violence Hotline. National Domestic Violence Hotline.  If you are in Texas and want more information about Protective Orders, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. Attorneys at The Wright Firm, L.L.P. are only licensed to practice law in The State of Texas.  This post does not create an attorney-client relationship.  The facts of each case vary and the laws are different in each state so be sure to check with an attorney in your jurisdiction.    This post is meant as general information and not legal advice. 

 

 

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.