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October 19, 2020

Freedom of Religion … But What is a Religion?

The First Amendment, Freedom of Religion is much more exciting than you imagine.  It involves hangings, wedding cakes, multiple wives and flying monsters.  Modern American history is not as religiously tolerant as you may believe. The first settlers in Boston were Puritans and a lady named Mary Dyer was a Puritan who, contrary to the teachings of the church, believed that God spoke directly to people and not to the people only through the clergy.  Well, that’s interesting that she thought that, you might think – probably not a lot of people talked to her after church on Sundays…maybe she […]
October 11, 2020

First Amendment, Not What You Think

Much like a weekend in Vegas, your right to free speech under the First Amendment is both less and more than you might think it is. In this legal brief we talk about what is and is not free speech in the good ole U.S. of A. For example, if you were in a crowded movie theater and yelled “fire”  (that’s a bad example nowadays – you’d be the only one running to the exit … ). (let’s start over) Ok, let’s start back in the olden days – even before I was born.  In the 1787 the Constitution came […]
October 4, 2020

Is Marijuana Legal in Your State?

Thanks to massive lobbying efforts by Pizza Hut and Dominoes, the legalization of marijuana has really taken off in the last 10-15 years.  A lot of states are feeling the buzz so to speak and passing legalization or medical marijuana laws.  So, can you legally smoke, what are the risks, and should you open a Pizza Hut near your local college?  So, my brother and I opened a medical marijuana store.  We keep our money in a “joint” account. Get it? No?  Okay, I made one up myself with a legal twist: What is the difference between legal and illegal […]
September 13, 2020

How to Prepare a Complaint

Okay, it’s time to sue your evil enemy – your nemesis.  Or perhaps you’re a young lawyer working on your first Complaint for an old grumpy law partner.  Today, I’m going to tell you how to draft a lawsuit – from Caption to Signature Line. A lawsuit is made up of five parts: the Caption, Statement of Jurisdiction and Venue, the Body, and the Prayer for Relief and Signature Line.  In the next 5-6minutes or so we are gonna go through the important issues of each part and give you some samples. The first part of the lawsuit is the Caption.  The Caption has the name of the Court […]
August 19, 2020

The Legal Ethics of Separating Conjoined Twins

On today’s blog you are going to read the story of the conjoined twins Gracie and Rosie and the legal conundrum the British Court found itself when asked to decide whether Rosie could be killed in order to save Gracie. Back in the olden days – the year 2000, Gracie and Rosie were born joined at the hip and up to their shared chest wall. Conjoined twins are very rare and everyone’s situation is different.  Some conjoined twins can be unjoined by surgery, some cannot be unjoined without putting one or the other at grave risk. The conjoined twins Abby […]
August 7, 2020

How to Prepare for a Deposition (For Lawyers)

A deposition, like trial, is usually won or lost in the preparation.  On today’s Legal Brief we are going to show you exactly how to prepare for a deposition.  Remember: by failing to prepare you are preparing to fail (too cheesy?) Okay, you have decided it’s time to depose a witness.  90% of attorneys don’t go about this the right way and we are going to get you in the top 10%.  Don’t worry – I got your back. MOST lawyers at this point are going to email their assistant to schedule the deposition and then send out the Notice of Deposition.  Then, maybe […]
July 28, 2020
bankruptcy document

Will the Bankruptcy Trustee Take My Personal Injury Settlement?

Money you receive in an award or settlement is considered personal property for bankruptcy purposes. Whether it is a settlement or a trial verdict, the money you receive to compensate you for an injury will be part of the property in your bankruptcy estate. The key date to look at is the date of the accident.  If the accident took place before the bankruptcy petition was filed, the claim and therefore the monetary recovery is part of bankruptcy and the settlement or verdict amount may be used to pay back creditors.  If the accident took place after the bankruptcy petition […]
July 28, 2020
credit cards on top of a keyboard

Can I Keep One of My Credit Cards During Bankruptcy?

We are often asked “Can I just keep this one credit card?” during initial bankruptcy consultations. As we move further and further towards a cash-less economy, having a credit card has become more and more important.  It is often a big problem for our bankruptcy clients to be left without a Visa or Mastercard after filing. The answer to the legal question is … “Maybe.”  And only if the balance on the card is zero when you file your case. When you file for bankruptcy, the law requires that you provide a list of all of your creditors. A credit […]
July 27, 2020
stop your eviction

How to Stop Your Eviction

It’s July 27, 2020 right now and The Eviction Tsunami is here.  If you are a nervous tenant or maybe a kind-hearted probate lawyer whose cousin just received an eviction lawsuit, watch on because eviction legal actions are unlike any other.  You have to know how to fight. I begin with 2 disclaimers: First, I slant pro-tenant so, Landlords, I understand your frustration and problems and the mortgage you have to pay – trust me – but this is tenant oriented.  Second, landlord/tenant laws vary state by state and I will only have time to give you the important things […]
July 11, 2020
person holding a pen and signing a contract

How to Write a Demand Letter

Do you need to make a legal demand of someone?  Give me 5 minutes and I am going to show you how to do it right. What is a Demand Letter? A demand letter is a formal demand that someone or some thing do or stop doing something.  In theory, a demand letter is easy to do – you could just scribble something on a napkin and hand it to the person.  But a well-done demand letter requires thought and professionalism. What are the Technicalities? First, the technical issues.  Often a written demand is a condition precedent to legal action.  […]