Suits Happen

My band, OE-2-KB (Old Enough-2-Know Better) does a Weird Al Yankovic song called “I’ll Sue Ya.” (I sing it.)  “I’ll Sue Ya” is not on our playlist, but we do it by request…sometimes that is how lawsuits happen. For $400 anybody can sue anybody for anything (just about).  Just because you get sued is not necessarily a bad reflection on you; it could be the stupidity of the plaintiff.  However, whether or not the plaintiff is stupid (or lying), legal representation can help you present your case for the best possible outcome. Competent legal representation can help defend against stupidity, ignorance, and dishonesty.  Despite the invalidity of the case, a good legal defense can help you assert your rights properly.   Read More

Why Defend?

Why be a defense attorney?  Because it keeps the people on the other side honest.  By protecting the rights of the defendant, we protect rights for everyone. In criminal cases, if the police think you are guilty, they may find something to arrest you for that you know nothing about.  In foreclosure cases, plaintiffs were making stuff up and having robo-signers sign off on it.  In consumer cases, zombie debt collection is a business model for going after debt that has been long dead.   Because attorneys get involved, people’s rights are protected.   Read More

The Three D’s & Our Public Defenders

Attorneys deal in the three D’s—Debt, Death, and Divorce.  Generally those are not happy circumstances and so lawyers enjoy such titles as “weasel” or “shark” or “blood sucking attorney.”  Those terms can make for humorous attorney jokes, and sometimes we deserve some of that reputation.  However, when you are in trouble, whether it is civil or criminal, you want the best weasel or shark or blood sucking attorney you can find to obtain the best result possible under the circumstances.  Our Public Defenders are not the least of these. Legal Counsel is so necessary in a criminal case that if a defendant cannot afford counsel, the State provides counsel without fee.  Contrary to what some people believe, attorneys working in the Public Defenders office are not attorneys who received bad grades in law school or could not find jobs elsewhere.  They are some of the best public servants we have.  They cannot pick and chose their cases.  They take all qualified applicants regardless of the charge or defendant.  They are also in Court working criminal cases with the State Attorney’s office almost every day.   Read More

Social Media & Service of Process

FaceBook, Twitter, and your LinkedIn account—these are the latest tools for Process Servers to know where you are and when.  Let us say you have not made a mortgage payment in a long time.  You get restless hiding in the dark, listening to that guy in a suit knocking on the door, so you slip out the back and head down to the gym for a little workout.  Post it on your FaceBook page so your friends can join you, and next thing you know, the guy in the suit is there too…but not to work out. Service of Process is personal delivery of notice that a lawsuit is filed against you, and an invitation for you to answer.  At a time when doctors no longer make house calls, lawyers have legal documents hand-delivered via sheriff’s deputies or authorized Process Servers. A Process Server is there to deliver a notice so you may be informed of legal actions against you.  The better informed you are, the better able you are to act.  There is no good time to receive a lawsuit, but hiding from a Process Server is a poor defense.  (Process Servers are creative people and tech-savvy to use […] Read More

Rights & Wrongs

If you sleep on your rights, you may wake up on the wrong side of justice.  However, by standing up for your rights, you help protect the rights of all American citizens.  Everybody needs to play by the rules…the same rules.  Each legal defense ensures the liberty our laws are written to uphold. Enjoy your rights and enjoy Martin Luther King, Jr. Day.     Read More