The Wright Firm's Weblog

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

 

Black Market Baby!

Many parents feel like they are not up to the task of raising their child, but would you ever consider putting a baby up for sale? Young mother Bridget Wismer allegedly had an agreement to sell her newborn son to an unrelated single man John Gavaghan for $15,000. Wismer reportedly does not believe she did anything wrong.  She had been permitting Gavaghan keep her son at night, and had also been calling on him “whenever she needed something for the baby.” 

According to Wismer, she and Gavaghan did not have an “organized” relationship or agreement, but rather he had just informally agreed to help her raise her child.  Police however allegedly have surveillance footage of Wismer and Gavaghan signing a contract for the purchase of the baby.  As one would expect, sale of babies is a crime in Wismer’s home state of Delaware.   Wismer and Gavaghan are facing charges of Dealing in Children and Conspiracy.  The baby is currently in foster care.

Texas law prohibits the sale of children, too.  Under Texas Penal Code Section 25.08, it is a second degree felony to sell or purchase a child.  However, you CAN have payment arrangements for legal fees and fees charged by a child-placing agency as part of a legitimate adoption without it being considered “sale of a child”.

Are you trying to adopt (not buy) a child?  The Wright Firm can help you with your adoption case.  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://philadelphia.cbslocal.com/2011/10/04/police-delaware-mom-agreed-to-sell-newborn-to-philadelphia-man/

 

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

 

Off the Menu!

Prisoners on Texas’s death row will no longer be able to specially order their last meal.  The executive director of the Texas Department of Criminal Justice (TDCJ) has released a statement that effective immediately, an inmate’s last meal will be the same as the meal served to every other prisoner in the unit.

 

The policy change is in response to concerns expressed by Senate Criminal Justice Committee Chair John Whitmire.  In a letter to the director of TDCJ, Senator Whitmire stated that he had long been concerned by the practice of giving death row inmates whatever they want to order - particularly, as some inmate-requested meals in the past have been excessive to the point of ridiculousness. A specific example given is the last meal of Lawrence Brewer, the man convicted of the Jasper, Texas, death-by-dragging of James Byrd, Jr.  Brewer reportedly requested (and then failed to eat) the following menu on the taxpayer dime:

• 2 chicken fried steaks
• A triple meat bacon cheeseburger
• A cheese omelet
• Large bowl of fried okra
• Three fajitas
• A pint of Blue Bell ice cream
• A pound of barbecue, and
• Half a loaf of white bread

 

Supporters of the policy change believe it’s a win for rationality (why should a murder be treated to a personal feast?) and for the TDCJ’s budget.  Detractors find it harsh if not cruel to deny a condemned person’s last request.

 

Original article featuring a slide show of famous last meals can be found here: http://blog.chron.com/texaspolitics/2011/09/senate-criminal-justice-chair-enough-is-enough-on-last-meals-for-death-row-inmates/#1133-1

 

For information about Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewightlawyers.com.

 

DON’T FALL FOR THE PAYDAY LOAN TRAP!

Payday loans are short-term, high-interest loans given as an advance against your next paycheck.  Usually the lender will require that the customer leave a predated personal check which can be cashed on the date of the customer’s next payday.  Lenders charge $15 to over $20 per $100 borrowed for a two-week loan, which translates into an interest rate of 520 percent per year or more.

 

Customers also have the option to pay only the interest on the loan, and to carry the principal to the next paycheck.  The result is predictable.  If someone needs to borrow $500.00 today for an unexpected expense, or to pay their bills, it is unlikely that they will have $600.00 to repay the debt in two weeks.  Many customers don’t have the money to pay the entire principal on time, so they start a cycle of paying the interest only each payday, never making any gain on the principal, and in this way they stay in debt to these lenders for years.

 

In my bankruptcy practice, I see these types of loans regularly.  My clients often follow the same progression of indebtedness.  First, they get behind on their regular bills, mortgage, or car payments.  Next, they use credit cards to make up their financial shortfall.  When they have reached the limit on their credit cards they sometimes turn to payday loans.  If you see yourself heading down that path, contact me to discuss your financial situation.  My clients can often resolve their financial troubles simply by changing their strategy for repaying their debt or by making some minor changes to their budget.  If bankruptcy is needed, I can help my clients file and advise them on how to protect their assets.

 

The attorneys at The Wright Firm offer free initial consultations to clients in need of help with their financial situation.  Call Nathan Graham, a bankruptcy attorney at The Wright Firm, at 469-635-6000 or visit the firm’s website at www.thewrightlawyers.com for more information.

 

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 . 

 

Sue ‘Em Bears!

If you follow college football at all (and of course you should), you have probably heard some of the hoopla surrounding Texas A&M’s attempts to leave the Big 12 Conference for the SEC.  Just when the Aggies thought they were out, a new challenge is being led by Baylor University.  A&M President R. Bowen Loftin likens the struggle to a divorce.  “It’s like a marriage,” Loftin said. “We feel we’re being kept against our will…” Iowa State, Kansas, Missouri and others Big 12 schools reportedly are standing beside Baylor, if not actually threatening to file their own suits, at least in refusing to waive their options to take legal action against A&M and the SEC.

Baylor President Ken Starr has threatened tortious interference lawsuits against the SEC and its commissioner Mike Slive.  The basic idea is that the SEC has wrongfully interfered with the contractual obligations that A&M has made with the Big 12 Conference and its member schools.  To carry the divorce metaphor one step further, this would be like saying that the SEC is the “other woman” who has wrongfully alienated A&M’s affections away from the Big 12. 

A&M and the SEC may be well advised to take Baylor’s threats of legal action seriously.  Baylor Pres. Starr is an attorney first and foremost, and has seen his share of litigation.  We may all recall his role back in the 90’s as the Independent Counsel.  You know… Whitewater? Lewinsky? The Starr Report?

For more on this story click here: http://espn.go.com/college-sports/story/_/id/6939017/texas-aggies-accepted-sec-legal-threat-delays-move

Want to support Baylor’s* efforts?  Click here:  http://www.baylor.edu/nation/texasfootball.htm

*Blogger is a Baylor Law alumna and therefore unabashedly biased. The views of the blogger, Hollie Davenport do not necessary reflect the views of the firm or other members of the firm specifically those members that went to Texas A&M.

For information about Texas law 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.