April 8, 2019
hands holding a smartphone and recording

Can I Legally Record Phone Calls?

There is someone you hate, despise and you want to get them.  First off let me tell you, stop, let it go.  Second, if you can’t let it go, continue reading to find out how you can record their evil words and use it against them. Is it Legal to Record a Phone Call in My State? So, you have the phone recording app open on your phone and are ready to get your enemy saying incriminating things.  The good news is that if you are in most states, you can LEGALLY record phone calls and use the recording against […]
April 2, 2019
one star bad review

Can You Be Sued For Your Negative Online Reviews?

You just came back from the worst restaurant ever.  You jump on Yelp and are determined to write a review to save other people’s stomachs from the “food” you were just served.  But wait, don’t hit the post button yet! Can Posting A Review Online Get You in Trouble?  Meaning, can you be sued for writing a bad review? Your first reaction might be “The First Amendment – free speech – protects me.”  Sorry, no, the First Amendment protections here. The First Amendment protects us only from government restrictions on what we can say – but not from lawsuits by […]
April 2, 2019
jury returns verdict for our client

Jury Returns Verdict for Our Client!

After a 6 day trial, the jury returned a verdict FOUR TIMES the amount offered to our car accident client at mediation. Our client was rear ended by a driver when the driver took his eye off the road to look at his phone. Our Client refused to settle and after 4 years of intense litigation his case was heard by a jury in the Orange County Circuit Court. Our presentation of evidence and arguments resulted in the verdict in favor of our client. When a reasonable settlement offer is not made, we are prepared to proceed to trial and […]
March 25, 2019
buffet with salad options

How Long Can You Legally Stay At A Buffet?

Admit it – you’ve thought of it.  Could you just stay all day at your local lunch and dinner buffet and eat all day long?  And a related question: Could a buffet kick someone out who was eating an abnormal amount of expensive food – say, crab legs?  I admit, it’s crossed my mind before – especially the poor law school student me. Legally, your entry and payment for a buffet is an implied contract. An implied contract is where there are no written terms but both parties actions show the desire to enter into an agreement. In our buffet […]
March 22, 2019
god on the witness stand

Can You Sue God?

And win? Believe it or not someone has tried. And lost but Not because God is almighty. But because the court dismissed the case. So what was the problem? In 2005, a man sued God for all sorts of intentional torts and atrocities against mankind – disease, pestilence – intentional flooding of the world (hmm…sounds like a great insurance claim #lawyerdream). In any case, the problem was with service of process. A lawsuit can’t just be mailed to someone’s home like an Amazon delivery. The law requires that a copy of the lawsuit be hand delivered … placed into the […]
March 22, 2019
human anatomy model

Do You Own Your Own Body?

You own your house, your car, your clothes. But do you legally own your own body? The answer may surprise you. Most people know that the thirteenth amendment to the United States Constitution outlaws slavery. But now in the 21st century, do you legally own your own body? If you think about it for a moment, even here in the liberty loving United States of America, there are numerous laws and regulations about what people can do with their own body. For example: It is illegal to put certain drugs in your body. Prostitution in certain places is illegal. Abortion […]
March 22, 2019
red objection ballon being popped by a needle

What The Heck Are Lawyers Always Objecting To?

Objection! On television, it seems like us lawyers are always objecting all the time. But what are we objecting about? Lawyers generally object for one of two reasons. First, we object because we don’t think the question asked of a witness is proper. Second, we object because we don’t think the answer the witness is giving is proper. After a lawyer objects to a question, the judge either sustains or overrules the objection. If the judge sustains the objection the lawyer cannot ask that question and must move on. The most common objection is hearsay. Hearsay is when a witness […]
March 21, 2019
large tree and beach chairs on a beautiful montego bay beach

What Laws Can I Break When Traveling Abroad?

I recently vacationed in beautiful Montego Bay, Jamaica and the issue that came up was: What laws do I, as a U.S. citizen, have to follow? The focus really is on jurisdiction. Jurisdiction is the “legal power” over someone or something. There are essentially three types of jurisdiction you would need to be aware of when traveling abroad. First, territorial jurisdiction.  While I was in Jamaica, Jamaica has jurisdiction over me because I am physically present inside its territory and must abide by the laws of the country I am in. Remember Amanda Knox? She was accused of murder in […]
March 20, 2019
happy birthday cake

Can You Be Sued For Singing The Happy Birthday Song?

Your legal brief for today: Can you be sued for singing the “Happy Birthday” song? Imagine on Christmas Eve, your son sings the cutest rendition of “Santa Clause is Coming to Town.” You capture it on video and post it on YouTube. One hundred thousand viral views later, you get sued by the company that owns the rights to the song. Is that possible? It actually is if the song is copyrighted. Generally, copyright protection lasts for 96 years and going back 96 years brings us to the year 1923. So any song written before 1923 is in the public […]
March 14, 2019
felicity huffman and lori loughlin

College Admission Scandal: What Law Was Broken?

As you may have heard, there is a recent scandal in which rich and famous parents were paying a lot of money to get their kids into good schools. But, what law did they violate? As much as thirty parents were charged with conspiracy to commit mail fraud and honest services fraud. What is honest services fraud? Let’s look into it, but first… What is conspiracy? Conspiracy is when two or more people plan to commit a crime. And in most jurisdictions, they have to perform an overt act in furtherance of that crime. So that’s the conspiracy part of […]