The Wright Firm's Weblog

Self-Help Legal Websites?

More and more companies are offering cut rate legal services over the internet.  If you’ve ever heard the old adage, “you get what you pay for”, it definitely applies here.  A recent article in Consumer Reports did an evaluation of a few websites.  For a glimpse at the article click here: Consumer Reports.  To create the report, the magazine drafted four legal forms using the sites.  Three professors were then asked to evaluate the drafted documents.  The professors all came to the same conclusion, the documents just weren’t up to par. 

 

            Generally, an attorney will sit down with the client and go over several details in drafting a will, divorce decree, or estate plan, where legal websites only touch on the bare bones minimum amount of information in drafting.  The forms produced by legal websites are generally fill in the blank types of documents.  When you have such a general legal document, many problems arise.  Your needs may not be fully met.  Most of the time, for example in a divorce decree, there needs to be very specific provisions.  There is no “general” case.  Every client has a different work schedule, or the property varies.  General terms can raise questions as to interpretation when it comes time to actually use the document.  If you have a document that is very general, you will probably end up spending more money litigating in the interpretation of the document than it would have cost to just draft it right the first time.  A recent article was written about the Consumer Report and it can be found here: Article.  The article summed it up nicely, you are best off consulting an attorney, consult the websites at your own risk! 

 

To reach out to the firm, check us out on the web at www.thewrightlawyers.com or contact our office at 972-353-4600. 

Paternity in Texas – What you Need to Know

The determination of paternity is one of the fastest-growing segments of family law. Today, over half of all children in our state are born to single parent households and this number is rising by about 3 to 4 percent annually. Troubling still is that the fastest growing demographic in the United States is single mothers living below the federal poverty guidelines. To protect and prevent single-parent families from succumbing to poverty, the federal government passed legislation requiring states to proactively seek out and adjudicate parents for the sole purpose of paying child support.

In Texas, the Office of the Attorney General is the agency in charge of calculating and collecting child support for unmarried parents. All child support is required to be paid through the State Disbursement Unit (“SDU”) in San Antonio so that the State may report its collections to the federal government and receive federal funding. Many people are surprised to hear that the Office of the Attorney General is only concerned with child support, and does not determine issues of possession and access. Every week, the IV-D (“Four D”) courts in Texas conduct hearings with the Attorney General’s Office to establish paternity, calculate child support, or collect unpaid child support. These hearings are often attended by hundreds of people at a time. Any claims that the parties have about possession and access of the child will not be heard in a IV-D court, but rather will be transferred to a District Court where the attorney general will also become a party to the lawsuit.

How is paternity established in Texas? For the purposes of collecting child support, it can be any of the following:

1. A woman is the presumed mother of the child by virtue of giving birth to the child.
2. A man is the presumed father of the child by virtue of:
   1. Adopting the child, or
   2. Having paternity adjudicated (via DNA testing), or
   3. Voluntarily acknowledging his paternity of the child, or
   4. Was married to the mother when she gave birth to the child.

A common myth in family law is that having a man’s name entered on the child’s birth certificate makes him a “presumed father” of the child because he voluntarily acknowledged his paternity on the birth certificate. This myth is false. The purpose of the voluntary acknowledgment process is to establish paternity without the need of judicial action; therefore the process must meet strict requirements. The only way that a man can be a presumed father by voluntarily acknowledging his paternity is to file a written statement with the Bureau of Vital Statistics asserting that he is the father. This statement must be signed by the mother. Prior to 2011, there were very narrow time limits for when a person could challenge an acknowledgment of paternity if someone believes he is not the parent of the child. In 2011, though, the Texas legislature made important changes to the Texas Family Code allowing for a “wrongful paternity” action if DNA testing establishes, at any time during the child’s life, that a previously presumed parent is not the actual parent.

Another common myth in paternity cases is that paternity laws are only used to establish a parent-child relationship between a father and child. This myth is also false because Texas has passed the Uniform Parentage Act to establish maternity as well as paternity. Although maternity is not disputed in most cases, the same laws apply to women as men. These procedures are frequently used to determine maternity in instances when children are born to same sex unions, assisted reproduction, or families who have travelled from another country.

Today, the most common method of adjudicating paternity is by Court Order. Typically, genetic tests are done after litigation has begun to determine whether the parties are parents to the child. Typically, the Court will specify a time, place, and testing agency for the parties. Genetic tests are admissible in Court if they have a probability of at least 99 percent. After paternity has been established (or denied), the Court will adjudicate conservatorship, possession and access, and child support.

If you are facing difficult issues with paternity or child support, contact an experienced family law attorney at the Wright Firm to answer your questions at www.thewrightlawyers.com  or call us at 972-353-4600.

Can a divorce be bad for business?

Social media outlets have been ablaze with news of Kim Kardashian filing for divorce after a mere 72 days of wedded “bliss”.  Many are now questioning whether the $10 million wedding-turned-immediate-divorce will generate backlash that will hurt the Kardashian brand.  Though there is much hate mail flying around the Twitter-verse and wedding vendors are furious, USA today reports that Kim K’s brand is safe.  The experts interviewed all came to the same conclusion – Kim’s divorce will just be a blip on her business radar, and the publicity surrounding it could actually be good for revenues.

For those of us without our own reality show, divorce can have a bigger impact on business.  In a Texas divorce if you own an interest in a business, that ownership interest can be considered a community asset; meaning, it could go into the “pot” of assets that the court divides in your divorce.  Divorce can affect your business in other ways as well.  If you and your spouse worked together, divorce obviously will put a huge strain on that working relationship.  If your business depends on “goodwill” in the community, the mud-slinging involved in a contentious divorce can be damaging to both your business and personal reputation.

Are you worried about how a divorce will affect your business?  The Wright Firm is here to help answer your questions!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Original USA Today story can be found here:  http://www.usatoday.com/life/people/story/2011-11-01/kim-kardashian-kris-humphries-divorce/51020246/1

In case you’re curious where Kim Kardashian falls in the ranks of shortest celebrity marriage, check out this info graphic from the Huffington Post: http://www.huffingtonpost.com/2011/10/31/shortest-celebrity-marriages_n_1068180.html?1320097823

 

L.A. Confidential!

In a story that sounds a bit like old Hollywood film noir:  A Los Angeles private detective faces accusations of using showgirls to lure divorcing men into drunk driving charges.  Allegedly at the behest of a divorcing wife, Christopher Butler set up a “sting” operation wherein he hired a former Las Vegas dancer to connect with the husband on a dating website.  After that the showgirl just had to get the husband to meet her, take a few shots of tequila, and convince him to get behind the wheel.  The cops took it from there.

Butler, a former police detective, is also facing federal indictment for selling drugs and operating a brothel – both in conjunction with California police agencies doing undercover work.

The Wright Firm would never use illegal means to trap an opposing party.  However, there ARE legal ways of using private investigators in a divorce case.  Word to the wise – if you are going through a divorce, behave yourself as if you are being watched.  You never know when it might be happening!

Do you need help with your divorce case?  Are you curious what options are available to investigate your spouse? Give The Wright Firm a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com.

For the full American Bar Association article, click here:  http://www.abajournal.com/news/article/private_detective_accused_of_setting_up_divorcing_men_for_duis_with_help_of/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

 

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. 

 

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/

 

Wacky Marriage Laws

Clients complain to me all the time about how strange Texas Family Law is.  Well, to all of those critics, I say take a look at the following weird marriage laws from other U.S. States:

1. Montana is the only state in America where BOTH the bride and the groom can use a “proxy” to stand in for them if they cannot be present at their own wedding.  (Okay, to be fair – Texas does permit ONE prospective spouse to appear by proxy.  See Texas Family Code Section 2.203)
2. For a few months, Arkansas law permitted ANYONE under 18 (even infants) to marry if they had parental consent.  The state legislators forgot to put in an age minimum! This goof was corrected in April 2008, and we will assume all toddler marriages have since been annulled.
3. I double-dare you to divorce me!  In Delaware an official legal ground for annulment is that you got married “because of a jest or dare.”
4. In Kentucky it is illegal to marry the same person 4 times.  You can get married to and divorced from different people, however, as many times as you want.
5. Massachusetts has a 2 unusual marriage laws to its credit:
   1. A married couple may not sleep in the nude in a rented room (what pervy innkeeper keeps an eye on this?); and
   2. In Truro, MA - A groom-to-be must prove his manliness by hunting and killing either 6 blackbirds or 3 crows.  Nothing more manly than a bird hunter!
   3. In South Carolina, it is a misdemeanor for a man over the age of 16 to propose marriage and not “mean it.”  But, I suppose if someone dared the guy to propose, he could always run to Delaware for an annulment…
   4. In Wichita, Kansas, a woman cannot use her husband’s mistreatment of her mother as a ground for divorce.  Good news for guys who hate their mother-in-law.
   5. Keep those lips to yourself!  In Hartford, Connecticut, it is illegal for married couples to kiss on Sunday.
   6. In New Orleans, Louisiana, it is against the law for a palm reader, fortune teller, or other “mystic” to perform a wedding ceremony.  Are they afraid the medium is going to tip off the couple about their future marital problems?

Have questions about our (much more normal!) Texas laws on marriage and divorce?  Give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original MSN story can be found here: http://glo.msn.com/relationships/10-obscure-marriage-laws-5450.gallery?gt1=49006

 

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.