The Law and You - Part One
By Sam Hasler
Welcome to my first article for the Anderson Free Press. I was delayed in starting this project by the flu and a serious case of writer’s block. More about that block in a moment.
I should introduce myself first. I have been a practicing lawyer from Anderson for more than twenty years. In those years, my practice became concentrated in two big areas: family law and business law. I expected to write about those areas but I also published two law-related blogs (Indiana Civil & Business Lawyer and Sam Hasler's Indiana Divorce & Family Law Blog). I want what I write here not to be quite so technical as what I write there. While trying to avoid repetition and fighting the flu, I found myself with a nasty case of writer’s block.
I thought the readers of the AFP would want something broader and useful. This lead me to thinking about how law school teaches lawyers to think like lawyers. Which lead me to this question: how do people know how to deal with the law and lawyers? Television and movies are not the most realistic teachers.
People approach the law and lawyers as something more terrible than a visit to a dentist. If I took on the subject what is the law would mean starting out on a journey that would take a very long time. Many long, large books exist on the subject of what is meant by law. I am going to skip all that and pragmatically assume that the law is certain things - like whatever is in the lawbooks.
But what is in the lawbooks? I say that questions bedevils all those who think they can handle their own legal matters (as well as more than few lawyers!). That no one book exists saying that here is all the law on the issue. Why do lawyers waffling on what real people think is a simple question? Because of the terror that somewhere exists a case that creates an exception sinking your case.
In America, the lawbooks include constitutions, statutes, administrative agency regulations, court rules and judicial opinions. Both the federal government and Indiana have constitutions (all these links are for Indiana sources). Legislatures pass statutes based on the powers imposed by the constitution. If you want to litigate, then you have to deal with the rules of court. Finally, a court makes a decision on whether and how a statute or constitutional provision applies to the facts of your case. If either side disagrees, they can appeal. Appellate court opinions make law by interpreting the statute or constitution. I have completely omitted discussion of administrative agency regulations or those issues which are created by statute or constitution which we call the common law (which is completely judge made). To know what the law is depends on knowing all that can apply and not just bits and pieces.
Now you can see why lawyers hem and haw when asked what is the law. Next I will discuss selecting a lawyer.
Note: This column is not legal advice. If you have a legal problem, you need to get a lawyer and talk to them in person rather than rely on anything written here.
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Thanks, Mr. Hassler - I look forward to your future columns.
Hopefully you'll be able to respond to comments other readers might have, etc.
Just a thought for you, I know that at least a couple of us have issues with the court system where we feel as if we have been wronged when it comes to our divorces and our children. Maybe you could write something about that sometime, about how to when against evil ex's and keep our children. If you want more details I can PM you, but I would rather not publish it here for everyone to read.
I will also look forward to your columns.
Maybe an occasional practical example would help us understand law vis a vis what's going on in our cities and towns.
Possible topics:
What makes a case a case? What kinds of information do lawyers need to help you decide whether a suit is worthwhile?
When is a suit frivolous, and what are the possible consequences of pursuing it (the Bells' uniform suit?)
And I would like answers on the hemming and hawing too. In my case, while I was trying to make a life changing decision. My lawyer just looked at me and said "It's up to you." No legal consequence advice. And then I still had to pay him $1500.
Just how do you get a well known, respected, perfectly good lawyer to actually give you competent advice?
I would love to see info on family law. Take a look at how many times in the past 5 years children have been placed in foster care or with the wrong parent only to end up abused or worse. What is the best action for parents or grandparents to take to keep their children safe?
How can good parents that have their children taken away prove to the pitiful court system that we have that they were wrong in doing what they did? How can you protect your children from an abuser when the court says that they are ok? The court takes away so much and limits us in ways that you can't imagine.
You probably should not have admitted you did family law, said you did criminal or something else, there are some of us that have been wronged by the system and are bitter.
I want to thank everyone for the responses. I hope to have the second installment up this Friday and certainly this weekend.
I think the first three installments will answer most of your general questions. Even those of you have been burned by the system may find your questions answered.
What I cannot do is play attorney for you. Which means I can address your specific cases.
Why not? Because as I started with this piece and will continue to show - everything depends on the details. Or as I put it to my clients: this is a retail business and not a wholesale one.
I do hope to sound off on a few other things, specific issues that come up, that either I feel comfortable writing about or which I have an opinion about even if it is not an area of law I deal with on a regular basis. I thought I would start with the easiest stuff first.
This is gonna be fun!
Yep. I'm really looking forward to it!
Let's say I wanted to sue Bard for, oh I don't know . . . "Haiku Infringement" - could he get the death penalty? Deported? Flogged? Let's put on the lawyer-pants and walk down THAT path!