Legally Speaking

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Welcome to Legally Speaking!

This is intended to be a forum of informal discussion on legal topics. It's not a place to get bogged down in legalese. I will post on some topics that I think can be both interesting and relevant to many people. Even if you are not currently involved in any type of legal matter, chances are you probably know someone who is. So spread the word -- Legally Speaking is the place for down-to-earth discussions on important legal topics.

Who Is Responsible?

Drug Side Effects

With many legal issues, liability, or responsibility, is not always black and white. This is something I've been thinking about a lot with regards to dangerous drug side effects, and the many personal and class action lawsuits I've been hearing about recently on the news. Prescription drugs are required to go through rigorous testing before they're put on the market, in the hopes of identifying any and all dangerous side effects, but unfortunately, testing does not always reveal all of a drug's potential dangers.

For example, most people are aware of the drug Accutane that was prescribed to treat severe acne. Now, when Accutane was put on the market, consumers were warned that if a woman became pregnant while taking this drug, her baby could be born with severe birth defects. However, many were not initially warned that they could also develop serious digestive complications from taking this drug. More information about this and some of the Accutane class action lawsuits that have been mentioned in the news can be found on this attorney's site.

So, do you think drug manufacturers should be held legally accountable for ALL drug side effects, even if they do the necessary testing required of them by the FDA but are not made aware of a side effect that later negatively affects people? Or is the possibility of a dangerous side effect just a "fact of life" that comes along with taking a prescription medication? What do you think?

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What would you do...

if you were involved in a criminal or civil case but the witness who could make or brake your case was missing? Did you know that there are companies that can help with witness location? I think I would be tempted to use this company, if I were in the situation of being in a legal bind and I knew that there was someone out there who could clear my name.

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In the News: The Judge & the Belt

I feel like I can't not comment on the recent news story involving Judge William Adams from Texas. His daughter recently released a video tape that she says is of her when she was 16 being beaten by her dad. This TIME magazine article discusses the case. I believe it contains a link to the video, which is quite harrowing -- watch with discretion. The article also mentions that there is still a minor daughter living in the home -- that certainly concerns me, despite the fact that the father has not been proven guilty, and will not face charges. (This post at the blog "briefly briefed" explains why he will not face charges.)

I'm sure I'm not alone in being horrified by this video. It does bring up many serious questions for me. Why isn't the judge keeping silent on the events? He has essentially admitted that it is he in the video. Can he really be impartial in his job? Do I, as a rather uninformed stranger, have fears about him having another daughter in his house?

Disturbing, disturbing...

How much do you know about business dispute resolution?

Like any person or group of people, businesses end up in disputes that they can't resolve on their own. They could be with customers, shareholders, a competitor, or within the company itself. How much do you know about business dispute resolution?

PS: Here's a cheat sheet if you need one. :)

So you got a DWI: Is your job safe?

The consequences of being charged with a DWI are far-reaching. You can lose your license immediately -- before even being found guilty. If convicted, you face jail time, fines, and probation. Depending on your situation, your job may be in danger as well. Consider the following:


  • Your license can be automatically revoked following a DWI charge. Will you have alternate transportation available?

  • Does your work contract or your agreement with a professional licensing group require you to report any arrests or convictions? These groups sometimes open investigations, or your employers may have put in your contract that you could be terminated for issues like drinking and driving.

  • Are people at your work likely to find out? It may not be legal for you to be dismissed without that being allowed in your contract, but sometimes people are automatically disposed to thinking the worst in a case involving drinking and driving, and you may be directly or indirectly pressured to leave.



No one hopes to be in this situation. If you are facing a DWI charge or know someone who is, I recommend the site of the San Antonio DWI Lawyer, Chris S. Barnett. I used it as a resource in writing this page.

Fears About Giving Birth

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Faulty Breathalyzer Testing

I didn't really know how often breathalyzer tests were wrong until one of my co-workers told me she got pulled over for the suspicion of driving while intoxicated last year. She had had a couple drinks that night, though it had been several hours since she had drunk anything when she was stopped. The officers kept her standing out in the cold for a couple hours, trying to pressure her into taking a breathalyzer. "Why didn't you just take it?" I asked. Standing out in the cold while being pressured by authority figures to do something is not one of my favorite things. I may have given in if I'd been in her shoes.

"Those things are wrong all the time!" She was surprised I didn't know.

I guess it doesn't surprise me that breathalyzer tests could be wrong sometimes, but did you know that there are several areas where hundreds of convictions are being called into question because of faulty equipment, incorrect calibration, and other issues? Check out the info I found on this San Antonio DWI defense attorney's website. I'm doing some rethinking of the judgments I've made of people facing DWI charges since reading this...

Getting in Trouble for the Vest you Wear

Did you know that in some states, including California, you can receive a stiffer penalty for committing a crime if you are wearing a bulletproof vest? I guess I can see the logic behind this, but it also raises some questions for me. If you live in or are visiting a dangerous area, I can see the appeal of wearing a bulletproof vest, but if you are wearing one and a crime is committed near you, will you be more likely to become a suspect just because of what you are wearing? This seems like a bit of a catch-22 to me.

Do You Know the Steps of Incorporating a Business?

I've been toying around with the idea of starting a small business. Although I spend time here talking about legal topics, I really love baking, and have thought it would be cool to set something up where I could just sell cookies and other treats that I make at home online. Of course, starting to research this got me overwhelmed, but there are sites out there to help people getting started with a new business. I especially love this article about incorporating a business from a local Austin business attorney. I'm not sure how my little operation-in-the-works will develop, but it's great to know that it can be pretty simple. When I get a little further down the road, I might call up the folks at Slater, Kennon, & Pugh to see what other tips they can give me on starting a small business.

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Filing Bankruptcy

When should you consider bankruptcy an option?

Bankruptcy is something that still holds quite a stigma in our society, despite the fact that many people -- including the famous and wealthy -- have been through it. Donald Trump, held as the paragon of business success by many, has had to go through bankruptcy filings for his businesses multiple times, and other celebrities like Willie Nelson and Cyndi Lauper have filed. Many other celebrities have famously faced hard times. Yet those of us who aren't raking in millions worry about what people might think if we have to file bankruptcy.

Bankruptcy can happen for so many reasons -- I hate to see people in anguish over what it might mean for them to go through bankruptcy proceedings. The truth is that bankruptcy is meant to be a protection, not a stigma that follows us around and marks us as somehow less than others. So, if you are having trouble paying bills and can't cut your expenses anymore, it might be time to consider bankruptcy. After doing some research, I would encourage anyone who is feeling that sense of dread that comes with not knowing how to make ends meet to consider calling a bankruptcy attorney. I ran across a great article on considering bankruptcy from the Clear Lake bankruptcy lawyers of Gipson, Norman, & Root, and my favorite thing about it is that it feels reassuring about the outcome of filing. A good bankruptcy lawyer will not steer you down that path unless it will benefit you, and bankruptcy really is a way to get a fresh start. Even if it's not right for you, a bankruptcy attorney can point you in the right direction.

3 Things to Avoid if You Pay Child Support

I hate hearing about child custody battles and situations where child custody isn't handled well. I also know that although there are a LOT of deadbeat dads out there who fail to support their kids properly, there are also fathers who do everything they can to support their kids and continue to get treated poorly (sometimes even manipulated and lied about) by the mothers of their kids or the court systems. I think I have a huge soft spot for this issue because anything that hurts either parent is likely to make life worse for the kids in question, who have already been through a lot of difficult stuff.

So, I was searching for things about child custody and found a great article on child support mistakes to avoid from an Oceanside custody lawyer at Fischer & Van Thiel, LLP. To sum up their suggestions of mistakes to avoid if you are paying child support:

1) Never make the mistake of failing to document ALL transactions and interactions concerning child support.

2) Never fail to make changes to your custody order official with the courts.

3) Never settle on an agreement you are unhappy with just to get through the process of divorce or custody negotiations.

I thought these were great tips. Hats off to all you parents who are going through divorce and staying focused on making things work for your kids and supporting and loving them through what is typically a rough part of life.

Bankruptcy Law & Jewelry

I had never considered what might happen to jewelry in a bankruptcy case until I read this article from the Galveston bankruptcy lawyers of Gipson, Norman, and Root. I can understand why it is important to sell some assets when you're going through divorce, but it would be a punch to the gut to have to sell off my engagement ring or some of the jewelry my grandmother and mother have given me.

Apparently -- depending on your situation -- a good attorney can help you keep from having to sell such sentimental items. There are many other exemptions that can be made, even for cars and houses. This is because the idea behind bankruptcy is to give you a fresh start, not to punish you or make it impossible for you to get back on your feet.

Assault v. Aggravated Assault

I've watched enough law shows to *feel* like I know the difference between assault and aggravated assault, but I don't think I knew how to articulate that difference until I ran across this article from an Oceanside criminal defense attorney.

[Side note... can you imagine what it's like to suddenly be branded a criminal? One day you're you, a citizen and maybe a worker or family member... the next you're a criminal. What a change of identity. Even if you don't have jail time or after you're out, you're considered a "convict" or "ex-con." What an intense identity shift.]

So, the basics of assault and aggravated assault is that while in both cases the alleged victim may have been hurt, in cases of aggravated assault, the alleged event took place with a potentially deadly weapon.

What do you know about living trusts?

(Oy vey.)

"Oy vey" because the idea of estate planning is somewhat overwhelming to me. I am young enough that I've probably lived less than half my life still, but I know that it's a good idea for everyone to have these. I also know that my parents have done no estate planning, and they have a lot more reason to than me. They're still young and pretty healthy too, but they have a home and a few cars and some investments -- things I haven't quite accrued yet. They also support my younger sister who has some developmental disabilities. I hate to think about how she would be taken care of if something happened to them and we had to wait through a long probate process.

The thing is, my parents have been saying that they're going to do estate planning for a long time -- probably since they were about the age that I am now. It's one of those things that is easy to put off, since for most of us, it's not an urgent matter. The thing is, we may not be aware of its urgency until it's too late. Real estate planning is all about taking care of your family, loved ones, or the organizations or groups that you care about.

I had heard of living trusts before, but I wasn't really sure what they were until I read this article. Basically, they have elements of both trusts and wills. Like wills, they have specific instructions for how property and assets should be handled. However, all the assets in question are held in a trust, which means that the trustee can manage assets or properties according to the wishes of the person who created the trust.

I don't know if this is the right answer for my folks, but I'm going to encourage them to talk with an estate planning attorney. (I wish they lived in Houston so I could refer them to the estate planning lawyers of Garg & Associates!) And I'll make an appointment for myself soon, too.

Would You Get a Lawyer?

I hadn't ever really thought about what I would do if I were charged with a DWI until I read this article. Knowing myself, I think I would be tempted to fight the charges on my own. (I have a secret superhero lawyer persona hiding inside, I'm sure). What would you do in this situation?

So - what's the smartest course of action if you're charged with a DWI?

Ask people I know for recommendations

1 point

I could defend myself

1 point

Hire the best lawyer money could afford

0 points

It just wouldn't happen to me.

0 points

I wouldn't bother trying to fight it. I'd just take a plea and get it over with.

0 points

Yeah, you need a lawyer for that...

Can you imagine getting hurt on the job and having your company's insurance deny a rightful workers' compensation claim? It happens to a lot of people. The paperwork for these claims can be confusing and many people get denied for a technical error. If this has happened to you, you should really speak with an experienced workers' compensation attorney.

This article has some great info on why an attorney could be so helpful in such a situation. Don't let an insurance company keep what is rightfully yours! I would even encourage people injured on the job to get in touch with an attorney when filing their initial claim to make sure it doesn't get denied. That's what our legal system is for!

Stress During Pregnancy

Many women experience stress during pregnancy. However, if your doctor doesn't monitor your stress levels and respond appropriately, your baby could possibly end up with a birth injury.

There are many known signs of stress during pregnancy, including:

- fatigue
- difficulty eating or overeating
- high blood pressure
- heart palpitations
- difficulty concentrating

Of course, these could be associated with other illnesses, but regardless of the reason for the symptom, your doctor needs to take them seriously. If he or she did not, you may be a victim of medical malpractice.

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Would you know what to do if you witnessed a dog attack?

It could happen in a split-second: you're out walking with a friend, and a dog suddenly appears and attacks her. What would you do? I found this great article on how to handle an attack. I'd recommend checking it out so that you'll be prepared, if the situation ever arises.

After the dog attack, it's important that those involved get the help that they need. Whether you were injured while trying to assist someone, or you yourself were attacked, or if your loved one was attacked, you may want to contact a personal injury lawyer. Dog attacks can be devastating, with far-reaching implications. Don't suffer alone.

Considering Bankruptcy?

Not the financial death sentence it's made out to be

So many of us have faced the situation of not being able to make ends meet at the end of the month. Am I the only one who has always thought that no matter what, I would not consider bankruptcy? I've always heard that it ruins credit, follows you for years, makes new purchases and even getting new jobs tough. I read this article on purchasing a car after bankruptcy, and I realized that while there definitely are implications of filing for bankruptcy, it's actually intended to give people a fresh financial start, and making big purchases post-bankruptcy is entirely possible.

I wonder if society's perception of bankruptcy and attitude toward those who file will change as we seem to be dipping back into recession, and more people are likely to face financial trouble -- not to mention that for many of us, the financial recovery never really happened.

The Homicide Quiz

Although this is called The Homicide Quiz, it's actually more inspired by Law and Order than Homicide: Life on the Street. I was a fan of the show for years, and I really liked the Criminal Intent spinoff (I think I'm in the minority there). I never thought the show taught me much about law -- it was just fun. But I did think that I had down the differences between murder and manslaughter until I found this article on various homicide charges. I realized I was missing out on some of the subtle differences.

Check out the quiz and test your knowledge of homicide charges. Obviously, actually facing murder charges isn't anything fun or amusing, so if you or a loved one are in that situation, find a good criminal defense attorney. But, if like me, law (and cheesy law television shows) are a hobby, try your hand at The Homicide Quiz. Need some inspiration? Play the Law and Order sound effect track beow.

Doink Doink

The official sound effect of the Law and Order TV show was the doink doink. Use this as inspiration for the quiz above.
Law and Order 20 Doink Salute
by InfiniteHollywood | video info

17 ratings | 13,767 views
curated content from YouTube

Please leave me a message!

I would love to know what you think of this page. I'm really interested in various legal matters, and I'd love to discuss any stories here or any other matters having to do with legal issues.

  • emedlin May 23, 2012 @ 11:25 am | delete
    This information is so helpful and I had a good laugh at the Doink Doink video. Great lens!
  • queense9 May 1, 2012 @ 5:38 am | delete
    Hi,
    To protect employers from lawsuits resulting from workplace accidents and to provide medical care and compensation for lost income to employees hurt in workplace accidents, in almost every state, businesses are required to buy workers compensation insurance. Workers compensation insurance covers workers injured on the job, whether they're hurt on the workplace premises or elsewhere, or in auto accidents while on business. It also covers work-related illnesses.

    workers comp insurance
  • JoshK47 Oct 22, 2011 @ 4:02 pm | delete
    Thanks for showing your fantastic knowledge here!
  • aesta1 Oct 19, 2011 @ 8:56 am | delete
    I think that your knowledge on these matters are useful to us.
  • DesignZeal Oct 17, 2011 @ 3:51 pm | delete
    I'm sure lawyer's work is hard and very demanding, but you seem to be born for it. Very interesting lens, with tons of useful info :)
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MsBrightside

I've always been interested in legal topics -- even considered law school seriously enough to take the LSAT. Then I listened to my friends who were l... more »

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