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.