When do you need a lawyer?

You need a lawyer for sure if you get arrested. You're probably going to need one if you get sued. If you think you're going to get arrested or you think you're going to get sued then you probably don't want to wait -- shopping for an attorney is much easier before you get arrested than it is if you're already in jail.

Other than those times, when do you actually need an attorney?

Lawyers.com has some guidelines.

Workplace discrimination

If you're sueing for workplace discrimination by a supervisor can you offer as evidence testimony that other's have been discriminated against by other supervisors in that company?

The US Supreme Court has come down with a ruling on that question. It depends, is there expert response.

Federal rules, the Court said, “do not make such evidence per se admissible or per se inadmissible.” It is up to District Courts, in trying job bias cases (here, an Age Discrimination in Employment Act case), to sort out the fact-intensive nature of such evidence. “Whether evidence of discrimination by other supervisors is relevant in an individual ADEA case is fact based and depends on many factors, including how closely related the evidence is to the plaintiff’s cirfcumstances and theory of the case,” the opinion said.

It's completely up to the trial judge, they rule, and it's wrong for appeals courts to overrule his finding because it's a matter of interpretation of facts not a matter of law whether such testimony should be heard.

Good luck with that.

Tenants rights

New Mexico legal aid publishes a free guide to renting for prospective tenants. It's specific to New Mexico legal protections but it's a good start to get yourself a basic education in the legal issues surrounding a decision to rent. Find out the detials of your rights as a tenant in your own state by researching local tenats rights organizations.

Protecting yourself after an auto accident

If you're in an automobile accident notify your insurance agent immediately. Cooperate with the police but don't volunteer information. Here's a good set of guidelines for what to do after an accident.

Always keep in mind that your insurance company has lawyers that represent them, not you. It may be that your interests and the interests of your insurance company are the same. But don't count on it. Consult your own lawyer if you're in a serious accident.

Temporary Legislative Sanity in the State of Washington

DUIBlog reports on a couple of recent bills in the Washington state congress that died a quick and appropriate death. Let's hope it becomes a national trend.

First is a bill to restore DUI roadblocks after the state Supreme Court outlawed them as contrary to the state constitution. The US Supreme Court had given a pass on "minor" violations of your constitutional protections.

As many of you know, the United States Supreme Court in Michigan v. Sitz found that although sobriety checkpoints were apparent violations of the Fourth Amendment, they were only ”minor” violations. Permitting police to stop citizens without reason to believe they had done anything wrong, Chief Justice Rehnquist said, was permissible in view of the government’s ongoing “War on Drunk Driving”.

It's minor becuase members of the US Supreme Court have drivers.

Gov. Christine Gregoire suffered her first major defeat of the 2008 Legislature on Thursday when her push for drunken-driving checkpoints died without enough support from lawmakers

Good for them.

The second was an insane proposal to require those who've been convicted of DUI to use fluorescent-yellow license plates. That's the year after they've served any jail time and after their license suspension is over. That's after all the criminal penalties are finished they'd be required to wear a Star of David fluorescent-yellow license plates.

For some reason the Washington lege decided that was just a really bad idea.

California DUI blog

What rights? We don't need no stinking rights.

If you're charged with DWI you're going to need a lawyer. It might not do you much good, but you're still going to need one. Because DWI is a serious charge?

But is it. The law really is nonsense, it has nothing to do with rational thought. You see, the constitution promises you a jury trial. But the Supreme Court decided that they only need to stand up that promise if the charge is "serious". What does that mean? Well, whatever it means they've decided that DWI isn't really serious.

I mean it's a serious crime that the legislature has to take seriously and judges and prosecutors and cops have to take seriously. But it's not serious enough to require the government to actually follow the law themselves.

Isn't legal analysis great?

Bad mouthing your employer on the internet?

Above the Law had asked a hypothetical about a lawyer who posted complaints about working conditions on an internet message boatrd and got fired as a result. Can he sue? A labor lawyer gave him an answer.

It seems that it would hinge primarily on whether he could claim that the complaints where made on behalf of other employees. Even if you're not in a union you'll be protetected by union laws if you're acting "in concert" with other employees.

So, the lesson is that if you complain on the behalf of all your brethern and get fired you should hire a lawyer.

Look nice for the camera

A Texas defense attorney suggests that looking good on a police video can pay off at trial.

A breath test case with a good video is a battle worth fighting. There the State's evidence is internally inconsistent with itself.

Flagstaff, Arizona

If you're going to need an Arizona DUI lawyer, it's a good chance that Flagstaff is the place you'll need one. It claims to

have one of the highest per capita DUI arrests in the country.

The appear to just be completely insane in Arizona, going after drinkers of all kinds, not just drunk drivers. When the cops get together with MADD you can be pretty sure that you're the one that's going to pay.

The idea is to make someone who has had more than one drink think twice or three times before getting behind the wheel of a car.

Police and Mothers Against Drunk Drivers support the law as a needed deterrent to one of the more dangerous criminal misdemeanors out there.

Georgia DUI Blog