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January 14, 2020
myth vs reality

5 Legal Myths Debunked

After practicing law for well over 15 years now, I’ve seen some clients come in with some ideas about legal issues that just aren’t quite right.  So today we bring you some of the top legal myths our clients come in believing and talk briefly about what the law really is. Myth #1:  If you are a victim of a crime, you decide whether to “Press Charges” or not.   That’s not exactly true.  Certainly the willingness of the victim to testify against the criminal is important but the prosecutor’s job is to apply the law on behalf of the victim […]
December 26, 2019
pinocchio's nose

How To Tell If Someone Is Lying (Tips From A Laywer)

In my 15 years of practicing law, I get lied to a lot:  the opposing party, opposing counsel, potential witnesses and sometimes my very own client.  I’ve come up with a few techniques to find out if someone is being 100 percent truthful. TONE – BE EMPATHETIC The tone you create is important.  When you are trying to spot a liar, you’re not the only one doing the evaluating. They are judging you too. They are gauging whether they are being successful as a liar. A lot of TV lawyers come in guns a blazing showing how tough they are […]
December 9, 2019
hockey players fighting

Sports Violence: Why Athletes Aren’t Charged With Assault

Back in 2013, Kanye West got mad at a paparazzi guy and grabbed the camera out of the guys hand and was charged with assault and battery.  Last week, I watched 22 grown men try to knock each other’s heads off on a football field – not one arrest or lawsuit.  What’s up with that? Ordinarily, when people punch, hit or elbow others, it is criminal, or at least the basis for a civil lawsuit. In the sports context, however, neither prosecutions nor lawsuits generally result from this behavior. Legally, battery is the willful and unlawful touching of another. Period.  […]
November 22, 2019

Osceola Hotel Closes for Renovations, Evicting More Than 20 Families

Hurricane Maria victims may be displaced yet again. Watch Channel 13’s coverage of Attorney Jeremy Hogan as he meets with survivors, facing invalid lease terminations, in hopes of having them stay through the holidays. To read more, click here: https://www.mynews13.com/fl/orlando/news/2019/11/20/osceola-hotel-closes–evicting-more-than-20-families
November 10, 2019
cartoon depicting a lawyer objecting

Legalese Explained. And How It Might Save President Trump.

Lawyers create in words – we don’t make a “thing” you can touch other than words on a piece of paper.  Legalese is the term used to describe the old-fashioned and technical writing often used by lawyers.  Let me tell you where legalese comes from, when to use it (and not use it) and why it might lead to Donald Trump beating Impeachment. Here is an example of legalese found at the end of a deed: In witness whereof the parties hereunto have set their hands to these presents as a deed on the day month and year hereinbefore mentioned. […]
October 21, 2019
3 judges

Funny Judicial Opinions

Today we pay tribute to Judges who have gotten a little creative in their opinions. Most Judges – especially appellate Judges – are known to be pretty staid.  You typically think of them as dour old attorneys with little sense of humor. Take for example the Judge in William T. Moore v. the State of Washington. In the Moore case an inmate filed a civil rights violation action against the State.  In fact, the inmate had filed numerous civil rights violation lawsuits against the State and was apparently spending his time in prison drafting strange and unusual lawsuits and motions. […]
October 11, 2019
discrimination name tag with judge's gavel and block

Why Minority And Female Case Settlement Values Are Lower

If you are Hispanic, African-American, a woman, your injury or accident case often absolutely settles for less money.  I’m Going to Tell You Why In America, the problems in the criminal justice system are relatively well documented.  For example, a recent study found that African Americans are incarcerated at over 5 times the rate of White Americans and they receive longer sentences.  These studies are numerous because conviction and incarceration rates are public information and available to the public and researchers. But what about the disparity in Civil lawsuits or personal injury claims?  Search for research papers on civil lawsuit […]
August 5, 2019
dress with price tag still attached

Return Fraud: Is Returning Used Merchandise Illegal?

Can you be arrested for returning a used item of clothing to a store? The short answer is – yes, it is possible.  So, here is the law, and how to stay out of trouble. The practice of buying clothing, wearing it once or twice and returning it to the store is called “wardrobing” and it costs stores almost $10 billion dollars a year.  That’s a lot of blouses. As wardrobing becomes more and more prevalent – especially with more people buying clothes online and with the liberal online return policies – I would expect retailers to keep tabs on […]
July 21, 2019
fuct logo

Is “FUCT” Trademarkable?

The Lanham Act of 1946 created a national system to Trademark names.  All the great brands you know and love are trademarked – McDonalds, Nike, Amazon are all trademarks and no one else can legally use those names. But, what about trademarking the word “FUCT?” Can You Trademark A Cuss Word? “F*ck No” says the Lanham Act – you cannot trademark “Scandalous” or “immoral” names.  That would include, until recently “Fuct.” This has been a relatively hot issue in the intellectual property world recently, as the law works, a number of decisions leading up to the blockbuster decision. A couple years ago a […]
July 9, 2019
misspelled tattoos

Can You Sue For a Bad or Misspelled Tattoo?

On today’s Legal Brief – one of our subscriber’s ask: Can I sue If My Tattoo Artist Misspells My Tattoo? The internet is full of pictures of hilariously misspelled tattoos.  And here we will insert pictures of some of them. Funny Stuff.  Unless you’re the poor guy stuck with “Pubic Enemy Number One” on your arm instead of Public Enemy Number One. So, to sue the tattoo artist you have to prove breach of a duty of care to the tattoo-ee and damages.  A misspelling is pretty bad and is pretty clear-cut breach of a duty of care – unless […]