WHY PAY A LAWYER -- IN ARIZONA OR TEXAS?????

This morning I arrived in Tempe, Arizona to watch my beloved Texas Longhorns play in a meaningless Fiesta Bowl game tomorrow. This after being robbed by the BCS, which chose OU to go to the National Title Game, despite the fact that Texas beat OU 45-35 on a neutral field this season. There is no justice in college football...but I digress.

As we pulled into the outskirts of Phoenix, we stopped at a parking lot to fix some items that had shifted during the IH 10 trek across 3 states. When we got out of the RV I was amazed to see a business in the parking lot entitled "Why Pay a Lawyer?" The exterior glass pane store front of the business offered a variety of legal services that one would assume clearly require an attorney. Among the "services offered" were "business transactions" and even "litigation."



As I expressed astonishment that a non-lawyer could perform such acts -- which clearly constitute the practice of law -- my friends were quick to point out that the business doesn't ask "why use a lawyer" but instead, why pay a lawyer? I wasn't nearly as amused as they were...

But my curiousity was piqued. How could this be legal in Arizona? Is the State Bar of Arizona that much more lax than the Texas Bar? Was law school a complete waste of time and money for Arizona lawyers? I had to find out...

After just a minute on Google, I found the truth. Arizona's "Why Buy a Lawyer?" enterprise is highly illegal, and the source of lots of problems for its owner, Richard S. Berry. According to a 2006 Order of the Supreme Court of Arizona, Mr. Berry is a former attorney who was disbarred in 1977 (yes 32 years ago). The Order proclaims that Mr. Berry -- operating by and through "Why Pay A Lawyer?" -- has violated his Order of Disbarment, and continues to engage in the practice of law illegally. Even though his storefronts remain, the terms of the Order have effectively shut the operation down. For that, I am happy.

As I have written about before, hiring a lawyer is not an option where important legal matters are concerned -- in Texas or elsewhere...even Arizona. So while Mr. Berry cannot "negotiate the legal rights and responsibilities of others" or "represent others in judicial, quasi-judicial or administrative proceedings," we licensed and regulated attorneys can.

And to answer Mr. Berry's question, you should hire a lawyer to advise and counsel you in matters which are foreign to you, but routine to an experienced lawyer. You should no more let a "non-lawyer" handle your important legal matters than you would let a "non-doctor" diagnose your illness or perform surgery. This is simply unthinkable. One of Mr. Berry's former clients found this out the hard way. Here is his story -- straight from the "Rip-Off Report":

We didn't save a dime; actually, we lost even more than our money. We have lost our property to foreclosure, and lost our Bankruptcy case in the end. Mr. Berry will not accept our phone calls and is always 'in with a client' when we stop by in person. We have since hired an attorney who is handling our case, and we found out that Mr. Berry has been advising us according to old laws, which explains why things went as they did. Our advice: Don't spend your money here; spend a bit more and get a competent attorney who can represent you. If we had done that in the first place, we wouldn't have suffered the losses that we did.

Trey Wilson is a licensed lawyer in San Antonio, Texas. He is offended by "do-it-yourslef" legal programs found on-line and elsewhere. He will sleep better tonight knowing that the Arizona State Bar has disposed of "Why Pay A Lawyer?"

TEXAS HOUSING BILLS DOMINATE 81st LEGISLATIVE SESSION -- PRE-FILED BILLS AIM TO SLOW TEXAS FORECLOSURES

On the housing front, several bills have been filed to protect consumers during foreclosures and to make it easier for consumers to file complaints against builders. Most notable is a bill by Sen. Craig Estes, R-Wichita Falls, that would require foreclosure prevention consultants to list x all services and payments in writing. Dubbed the Foreclosure Rescue Fraud Prevention Act and endorsed by Texas Attorney General Greg Abbott, the bill would prohibit the consultant from getting paid by a third party without prior written disclosure to the homeowner and would not allow the consultant to buy a home from any client.

The most controversial clause may be a provision requiring a buyer to pay at least 82 percent of a property’s fair market value. State Rep. Dawnna Dukes, D-Austin, has filed a bill to require property owners to give renters notice within seven days of receiving notice of a pending foreclosure auction and to allow a tenant to stay in a property through the foreclosure sale. It also would require the foreclosing lender or other entity to give the defaulting property owner 60 days notice before the sale. And buyers of foreclosed properties must give tenants 30 days to move after a foreclosure purchase.

House Bill 311 tries to modify the Texas Residential Construction Commission by stating the commission may not charge fees to homeowners who request an inspection or file a complaint against a builder or remodeler. Currently, homeowners are exempted if they can show an “inability to pay.” The state’s Sunset Advisory Commission recently recommended the TRCC be abolished because of its inability to force builders to make repairs.

Rep. Roberto Alonzo, D-Dallas, is seeking housing relief for immigrants in the wake of efforts by a North Texas suburb to target immigrants. His bill prohibits a property owner from using immigration status as a condition of renting, or even asking if a person is an immigrant.

Name Change in a Divorce

In a divorce, the woman can ask to go back to any name that she's previously used.

It's free!

I'm amazed how many attorneys don't mention this freeby to their clients.

Adult Name Change

First get 2 copies of your fingerprint cards and call me.

It's easy.

Filing fee is approx. $250 in Harris County. The rest is for my time and to talk you through this process.

At least one court will NOT grant an adult name change without an attorney.

Beware of on-line kits.

I ignored my court date

You definately need to hire an attorney ASAP.

If it's been less than 30 days, you can ask for a new trial.

If it's been over 30 days, you have a real mess on your hands.

Run...don't walk...to an attorney's office for advice in person.

I might not be the child's father - what shoud I do?

Ask immediately for DNA testing.

If you don't ask, and the court determines that you are the father, at this time, Texas does not have any way for you to correct it in the future.

I suspect that this law will be revised but right now the legislature has not fully addressed this issue.

How will the government collect my past due child support?

There are many ways that the government will collect your past due child support:

1. Any federal refunds.
2. Inheritance -- Yes, they will intervene in a probate and get their money.
3. Social Security - Yes, they will take a portion of your ss to pay your obligation.
4. If you die -- they will intervene in the probate of your estate to get money. This really upsets second wives!
5. You can lose your driver's license.
6. You can lose your passport.
7. You can lose your professional license - chiropractor, attorney, doctor, hairdresser, etc.

Past due child support is an obligation that never goes away.