I Have an Open and Shut Personal Injury Case!

Question: I have an open and shut personal injury case! Will a lawyer charge me less because my case is so easy? Answer: The first thing I would like to explain is that there is no such thing as an open and shut personal injury case. Such a thing simply does not exist. Defendants are […]

Do Lawyers Memorize Laws?

A question I get a lot on Quora involves two basic aspects of law practice. Do you have to have a good memory to be a lawyer? Do lawyers memorize laws? Lawyers and Good Memories Lawyers do need to have good memories. Especially litigators. When I handle a case, I have a tendency to memorize […]

What is Negligence?

If someone injures you and you want to sue them, it is important that your lawyer first establish whether the person who hurt you was negligent. Not all injures are appropriate for lawsuits. And not all injuries are due to someone else’s negligence. If the other person does not meet the elements of negligence, any […]

Violating a Law Does Not Always Mean You Were Negligent

Lately, a lot of people have been suggesting to me that if someone violates a law it means they were negligent and so financially responsible if a third party is injured. I have tried to explain to these people that violating a law does not necessarily mean you were negligent, and it does not make […]

What Do Lawyers and Clients Think of Lawyers with Home Offices?

Question: Does having a home-based legal practice change the way your practice is viewed by other legal professionals? If so, how has this affected your practice? How have you adapted your practice to address this? These days, home-based offices are so common that other lawyers and most clients are not opposed to the idea. It is […]

Legal Issues & Considerations for a Client & Lawyer When Lawyer Works From Home

Question: Are there any legal issues or considerations for either the client or the lawyer when the lawyer is working from home? Answer: It is unlikely there are any legal issues for the client. There are some things the lawyer will need to do to make sure their office is both ethically and legally appropriate. If […]

Can I Practice Law in the US if I am From Another Country?

Question: The asker and I had a private conversation involving their interest in attending college and law school in the US. Answer: People from other countries can come to the United States to practice law under certain circumstances. First, if you want to have a career in the US, you need to obtain the required […]

No Lease – Want to Evict Tenant

No Written Lease – Now What? Question: I don’t have a written lease and I want my tenant gone, can I just kick them out? Answer: When you don’t have a written lease, generally, what happens is that the law deems you to have a month-to-month lease. Exactly what this means will vary by jurisdiction. […]

What If You Accidentally Breach a Restraining Order?

Accidental Breach of Restraining Orders & PFAs Question: I accidentally breached a restraining order. What will happen? Answer: The person who asked this question found an answer I wrote on Quora about restraining orders.  They followed up by coming over to my Facebook page and sending me a message. We had a brief conversation where I […]

Transitioning to Private Practice After Public Interest Law

Question: I have worked for public interest law firms for nearly 20 years.  It is possible to transition to private practice, or do I have to hang up my own shingle? Answer: I think that anyone who has worked in public interest for 20 years has the ability to do whatever they want going forward. The […]