35 Comments

Bill, thank you for covering the unicorn story! My department had so much fun with this and am glad the story is bringing joy to readers. FYI, if I get asked to issue a license for a dragon, I will refer them to the fire department for prior authorization!

Expand full comment

A Public Defender isn't a lawyer? What's up with the whole, "if you can't afford a lawyer one will be appointed for you"

Confused

Expand full comment
Dec 9, 2022Liked by Bill Murphy Jr.

Thanks Darrell, but my confusion lies within the phrase in the article that says something like, The public defender said I could plead guilty to a misdemeanor and get probation.

Followed by the comment "I think you should talk to a lawyer."

Implying that the public defender is not an attorney, or not a good attorney. (I hope that clears my confusion heh heh...clears confusion)

Expand full comment

With all the articles, posts and writing you had today, if you put them on one side of a balancing scale… the Unicorn one is the best of all and would weigh more. Great one to go into the weekend with!!!

I ran that by my lawyer first….

Expand full comment

Dear Madeline. I would be happy to sell you a Unicorn on the cheap, but we need to conclude this today.

Bill will say you need to talk to a lawyer, but just ignore him.

Expand full comment
Dec 9, 2022Liked by Bill Murphy Jr.

Hooray for Madeline. At least she didn’t have to get a lawyer!

Expand full comment
founding
Dec 9, 2022Liked by Bill Murphy Jr.

Bill- I think you being a former practicing attorney has skewed your view. While I do believe in some situations an attorney is absolutely necessary, I also believe in trying to negotiate in good faith at first WITHOUT one. Just because an insurance company or your former employer WANTS you to sign fast, doesn’t mean you MUST do it. Take your time, review, and if they persist on forcing your hand, simply tell them “I’d like to make sure I’m making the best decision for me. Would you prefer I get an attorney involved?” Sometimes just the threat of one and showing you have a spine is all you need, and bonus, you save the 33% attorneys fees. Attorneys might get you a higher settlement, but it rarely covers the percentage they take. I sold insurance for 20 years, I’ve seen plenty.

Expand full comment

PREACH! The mind boggling ways things can go sideways are hard for most folks to imagine. Get a lawyer and find out what you need to know to be sure all parties are acting in good faith toward a common goal.

Expand full comment
Dec 9, 2022Liked by Bill Murphy Jr.

Agree 100% on your “legal” advice. Would add don’t just talk to any lawyer, like your brother in law’s uncle, find a lawyer who specializes in the topic you need advice!

Expand full comment
Dec 9, 2022·edited Dec 11, 2022

Any advice on how to find a good lawyer would be appreciated. Currently, have a relative charged with reckless driving- young and first offense. Family has no way of knowing if should get lawyer and if so, how to find a good one. Thanks in advance!

Expand full comment
founding

After having refused to stand for the national anthem and being highly critical of America ,

I wonder what Brittney thinks now that we freed the Merchant of Death so that she can return to a country that she disliked so much?

Bad trade by our government but maybe the only trade that Putin was willing to make to put heat on the Biden administration regarding their values and priorities

Expand full comment

The unicorn 🦄 approval was such an uplifting story!! In that vein, I’d like to share from a young cousin of mine…

Ainsley, age 7, and her ponderings on this whole Santa thing🎅🏻

(She is a big believer✨)

Ainsley: “I know why Santa lives in the north pole…’cause some scientists go there *sometimes* but no one else *LIVES* there. I mean..if an animal sees him, so what?? It’s just an animal, they’re not gonna tell anyone that they saw him.”

and…

Ainsley: “People think it’s a big deal that Santa goes all over the world in one night, but it’s only HALF the world ‘cause the other half has day when our half has night. So it’s not the WHOLE world in one night, it’s just HALF the world.”

😉💕

Expand full comment

"Talk to a lawyer."

I spent 30 years working for local governments in the planning department, the local government agency that regulates what a property owner or resident can do with their property. For the average person and small business, real estate will be the largest individual investment ever made in a lifetime.

I was constantly amazed at the number of people who would come in seeking approval to do something prohibited by the property's zoning. In many cases, they would be quite upset with my team members and me because "the realtor told them they could do it."

This was particularly frustrating for small businesses acquiring a site where zoning would not permit the purpose for which the property was purchased.

When faced with an unappealable denial, then they would say, "I'm getting a lawyer." Sometimes in frustration, we'd ask, "Why didn't you get one before you purchased the property to see if this was allowed."

"The realtor told me I could do this."

"Is it in your puyrchase contract?"

"No."

And of course, zoning is always listed on a purchase contract, so it all it would have taken was a phone call.

Expand full comment

GO MADELINE :)

Expand full comment

What a coincidence (if you believe in coincidences). My family has been going through some horrendous events since July of this year when our non-profit, which we started from scratch, that had been serving intellectually disabled adults with supported living and other services was rudely and unexpectedly taken from us by an Executive Director and two Board Members who decided they could do it better. We had no recourse until we decided to hire an attorney, and since then, we have been able to salvage some of our sweat equity and will be able to retrieve money they have actually taken from us. We thought we could represent ourselves because of our story, but don't fool yourself. If you are serious about what you want, use an attorney because the judge will respect you for it, and you are more likely to get the results you want, but be prepared to pay for it. There is nothing in any court that is cheap, which is a problem with our legal system today. The poor and disadvantaged are at a loss, and legal aid is not adequately funded, manned or equipped to assist those most in need, although they try.

Expand full comment

What a coincidence (if you really believe in coincidences). My family, which founded and had developed a non-profit agency to provide long-term living support to intellectually disabled adults, was rudely and unexpectedly taken from us by the Executive Director and a majority of the Board Members back in July. They told us that we were taking money from the agency and were mismanaging it, when in reality they didn't know the first thing about running an agency like ours (it took us two years to understand how it really works). In Tennessee, and maybe everywhere with a non-profit corporation, this was legal, but was it right? We have never been investigated for or charged with misappropriation of funds, so where was the malfeasance they charged us with. The agency has since been investigated three times for neglect and poor supervision (we had never been investigated while running the agency), and our son, who was the primary reason we built the agency in the first place, was illegally ousted from services, and they actually had him arrested for a behavioral incident that was caused by the agency's lack of proper supervision.

The question came up in July after these people took our agency - should we hire an attorney? Well, it was so strange and such an unexpected event (and - you know - attorneys are not cheap). So we thought we could fight it, but eventually knew we couldn't, and hired an attorney, and I believe we are now set to sue the agency, its ED and Board Members responsible not only for the loss of the agency, but for pain and suffering and loss of a dream (how do you put value on that?) Can't do it without an attorney. Also, by hiring a good defense attorney who we had known for years, our son's arrest was expunged. Could we have done the same for our son? I don't think so because judges do not like to see people defending themselves. The cynical in me says that the judges are a part of the fraternity and always trying to help their brethren, but after sitting in court rooms for the last few months, it is obvious you will be better served having an attorney. Judges respect you better if you have one. I believe it ensures that you have discussed this matter with an attorney who has been in court - you haven't, most likely, so things go smoother and quicker. Dockets are full, and it takes longer for a judge to explain procedures when you attorney already knows what they are, and moves things along properly, and usually to your liking. So, long story short - get a lawyer, especially if you feel you have a strong case.

Expand full comment