Lawyer up or not???
This is a discussion on Lawyer up or not??? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; All,
Just looking for a little insight. Long story short I have my CC license and I also pay a small monthly fee for a ...
January 21st, 2010 11:45 PM
Lawyer up or not???
Just looking for a little insight. Long story short I have my CC license and I also pay a small monthly fee for a pre-paid lawyer. The lawyer was selling his services at my concealed class. I was told that even though it is legal to protect yourself and property in the state of Texas you will more than likely be sued in civil court by the bad guys family. Hence the reason for having a pre-paid lawyer in your back pocket.
I basically would like to hear everyone's thoughts on this.
"Once a Marine, Always a Marine"
January 21st, 2010 11:50 PM
He is right. We live in a country where a burglar breaks into your house, accidentally stabs himself on your kitchen knife, then sues you. I'm in the process of looking for a lawyer but hoping to never need those services.
Check his references first. No sense in paying for a crappy lawyer.
Make it take an army to back you down.
January 21st, 2010 11:52 PM
I've had my CHP for about a year now, shortly after I received it I joined an organization called Concealed Handgun License Protection Plan(CHLPP) based out of Texas. They are suppose to provide a lawyer and pay for your legal expenses up through the Grand Jury Process. I have also heard of another organization called "Armed Citizens Legal Defense Fund" I would love to hear from someone that have used either one of these services and how good was there services that were provided and did they live up too what they said they would do.
January 21st, 2010 11:52 PM
Here in FL, once you have been cleared in a shooting (no charges), the dirtbag and his family cannot bring a suit...
On March 23, 2005, The Florida Senate passed SB-436, the "Castle Doctrine" unanimously, by a vote of 39 YEAS to zero NAYS. They know something about this bill.
On April 5, The Florida House passed SB-436, "Castle Doctrine" by a vote of 94 YEAS to 20 NAYS, a margin of better than four to one.
On April 26, Governor Jeb Bush SIGNED SB-436, the "Castle Doctrine" into law (Chapter No. 2005-27) It takes effect on October 1, 2005.
The news media nationwide started in immediately with its “Gunshine State,” blood in the streets, Dirty Harry, vigilante, irrational mass murder nonsense, mythologies, lies and blatant unethical behavior.
A great deal of erroneous information has been written, published and spoken about Florida's new "Castle Doctrine" law.
Claims that the new law will turn Florida into the Wild West are not only an insult to intelligent people but give a patently false portrait of what the bill actually does.
The Florida "Castle Doctrine" law basically does three things:
One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.
Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]
Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.
It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.
In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.
Gotta' love the GunShine State...
Proverbs 27:12 says: “The prudent see danger and take refuge, but the simple keep going and suffer for it.”
Certified Glock Armorer
NRA Life Member
January 22nd, 2010 12:19 AM
It never hurts to lawyer up, especially in any case where you are forced to defend yourself
January 22nd, 2010 12:50 AM
It's a great question Richard, and smart to be prepared.
We just had at least 3 threads on this....can you search or scroll and find them? I'm not saying this snippy, I just dont have a better way to find them myself
Fortune favors the bold.
Freedom doesn't mean safe, it means free.
The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)
January 22nd, 2010 01:18 AM
I think having a lawyer is a smart thing to do. I am currently looking for one in my area. Thanks for the ideas about the defense fund and prepaid service. I think I will look into that too. Otherwise it's hard to find a good self-defense lawyer from the phone book or internet. Having a service that specializes in it sounds like a good idea.
January 22nd, 2010 09:22 AM
richardt22......by all means if you feel you need to have this service then have at it
just know that if you are justified in your use of force, meaning you are not charged for the incident, that you are immune from civil prosecution since Sep 1st 2007
CIVIL PRACTICE AND REMEDIES CODE** CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
Sec. 83.001. CIVIL IMMUNITY. A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
when did you take your CHL class? I'm wondering if the lawyer selling this service knows this law was made but is still pushing his service
just food for thought
this was added in 2007 at the same time the legislature finally cleaned up the defense laws, some people think we still had duty to retreat but that was not the case, the law just needed to be cleaned up a bit to be more consistent (one section said one thing, another section said something else) the media had a field day saying we now had castle law when in fact we already had it, the legislature just made it easier to read and blatantly stated no duty to retreat and added the civil immunity
Certified Glock Armorer
"I got a touch of hangover bureaucrat, don't push me"
Independence is declared; it must be maintained. Sam Houston-3/2/1836
If loose gun laws are good for criminals why do criminals support gun control?
January 22nd, 2010 09:27 AM
This. In Texas, you cannot be sued if the shooting is ruled justified.
Originally Posted by 64zebra
January 22nd, 2010 09:27 AM
That should be the law in every state. Gotta love Texas!
I mean think about it... if you defended yourself against someone breaking the law, and you were completely within the law in doing so, why should they get to sue you? Just makes sense. Of course, that's not the society we live in.
January 22nd, 2010 09:28 AM
I have some issues W/ the pre paid legal thing I would suggest a list of NRA approved lawyers in your area that specialize in this type of pratice.
January 22nd, 2010 09:34 AM
I'm an Affiliate Attorney with the Armed Citizen's Legal Defense Fund. Providing you sign up BEFORE an incident, you call the Network and within minutes of your call an Affiliate Attorney is contacted, unless that lawyer is in Court or with a client, you can expect an immediate call. Your defense is kicked into gear.
Mass Ayoob is a member of the Board, and he is one of the ideal expert witnesses for most self-defense and use of force matters.
Certified Instructor, National Rifle Association
Referral Attorney, National Rifle Association
Referral Attorney & Second Amendment Attorney, Gun Owners of America
THIS POST IS FOR THE DISCUSSION OF LEGAL ISSUES ONLY. NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED OR IMPLIED.
January 22nd, 2010 09:47 AM
Let's put it this way: Do you have a pre-paid auto mechanic? A pre-paid plumber? How about a pre-paid TV repairman?
Why would you pre-pay a lawyer, who is obviously client shopping during the class? Look in the phone book under attorneys; it's the thickest part of the listing. There's more than enough to take your case if and when you should need one.
Put that "pre-pay" fee in the bank where it will do you some good. Don't give a shark anything more than his/her due fee.
Retired USAF E-8. Official forum curmudgeon. Lighten up and enjoy life because:
Paranoia strikes deep, into your life it will creep. It starts when you're always afraid...
Buffalo Springfield - For What It's Worth
January 22nd, 2010 10:06 AM
My thoughts, questions only for discussion. Lets say you have a prepaid attorney in the town of Goodville and have to defend yourself in the town of Badville. Is the Goodville attorney going to be of any use to you?
Government is out of control
"If gun laws in fact worked, the sponsors of this type of legislation should have no difficulty drawing upon long lists of examples of crime rates reduced by such legislation. That they cannot do so after a century and a half of trying -- " Sen Orrin G. Hatch
January 22nd, 2010 10:10 AM
I think it's a good idea, depending on the cost.
When I lived in Germany we had legal insurance. Any time we needed a lawyer for anything, it was covered. Seems like something just like it. Here in Michigan we have the Castle Doctrin but I keep a lawyer's number in my wallet at all times and I would make no statements to the police until I recieved his council. "Mr Policeman, I'm sure you can understand that right now I am very out of sorts. I will be glad to make a complete and full statement in 24 hours, after I have consulted with my lawyer." Remember- No matter how justified you were, Lawyer up and shut up. Even though you think you are in the right or whatever-SHUT UP. Then call your lawyer. Just my .02.
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