“Mr. Beaver, your recent story about the employer who recommended a personal injury law firm to his employees because he liked the firm’s television ads hit a nerve with me. I am involved in something similar that I would like to discuss with you, and I hope you can help. Please call. Thanks, ‘Ted.’”
When readers ask me, “Where do you get such interesting stories?” — this is how.
“So, what’s going on, Ted?” I asked.
From just $107.88 $24.99 for Kiplinger Personal Finance
Be a smarter, better informed investor.
Sign up for Kiplinger’s Free Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
“I own an office/home remodeling company. ‘Jason’ has been here since he graduated from high school. He is 25, married and has two kids. Recently, while driving in the rain, his truck hydroplaned and slid into a ditch. He wasn’t injured, and the truck wasn’t damaged.
“The state troopers responding to the accident suspected a DUI, and Jason blew a 0.12% (the legal limit is 0.08%). He was arrested and spent the night in jail. I learned from his wife they were having some issues, and Jason was drinking way too much.”
Ted told me he did not want Jason to have a public defender “even if he qualified financially.” He had been watching the YouTube videos of Texas Judge David Fleischer and others who call attention to cases in which lawyers do everything they can to keep repeat offenders out of jail.
“Instead of letting repeat offenders spend time in custody, these lawyers enable and encourage behavior that harms society,” Ted said. “I did not want a PD to give Jason the message, ‘Drunken driving is no big deal.’”
More to the story
As no jail time for a first DUI in their state would be fairly common, there had to be more to Ted’s fear. I asked him why he was so concerned.
In answering my question, Ted revealed that he is an employer who gets it. He cares about the people who work with him — he doesn’t think of employees as working for him.
“I was in Jason’s shoes 30 years ago at age 25 and caused an auto accident where, fortunately, no one was hurt. My grandfather hired a lawyer whom he told to ask the judge to give me several weekends in jail. At that time, there would normally be no jail time. But no one told me any of this. Even though I was the client, my lawyer didn’t tell me about this conspiracy that put me in jail, and I know his silence was technically not right.
“It was a lesson I’ve never forgotten and would not have learned had it not been for those weekends in the slammer. At my grandfather’s funeral, I was handed a letter he wrote to me years earlier that explained what he had done. He saved my life and, perhaps, other lives as well. I am so grateful to him and that attorney.”
That’s what Ted wanted for Jason.
No 'I can get you out of this' nonsense
After seeing a TV commercial for a DUI attorney and reading many Yelp reviews, Ted hired “Greg,” telling him, “I am not paying you for a defense, so no ‘I can get you out of this’ nonsense. I want you to have Jason admit his guilt and do some time in jail, or I fear he will keep on drinking and driving. He has a wife, two kids and is putting them all at risk!”
But Greg told him that without Jason’s full understanding and agreement, ethically he could not just tell him to plead guilty. He did say he would tell Jason what Ted felt was best.
However, as Ted discovered later, that did not happen. Instead, Jason was informed there was a real defense, the case dragged on for months, and he was finally allowed to plead to “unsafe driving for the conditions.”
Jason celebrated the dismissal of his DUI, on the same day, at a bar with friends until 2 a.m. Driving home, he hit a telephone pole, winding up with a leg fracture. His blood alcohol level was 0.24%. There are substantial medical deductibles to pay.
How did this go south?
After obtaining a signed authorization from Jason and Ted, I phoned Greg, who immediately admitted his office screwed up. “I assigned Jason’s case to an associate who never saw my memo, which said, ‘Tell client what employer feels is in his best interest — based on his own experience — a straight-up guilty plea and several weekends in custody.’
“Dennis, I feel terrible about the accident, because I am quite sure without that dismissal, he never would have gone to the bar with his friends. So, I want to pay for Jason’s medical deductibles as a way of trying to make things right. Please convey that to your reader.”
Greg added, “Family conspiracies to send a loved one to jail after a DUI save lives. Jail therapy is often the only thing that works.”
I phoned Ted to tell him, “Greg would like to speak with you, and I am certain you will be pleased with what he has to say.”
As mentioned in my previous article, here are some tips if you need to hire an attorney:
- Get referrals. Ask friends, family or colleagues who they’ve worked with.
- Do your research. Consider the attorney’s experience and check their reviews on websites such as Lawyers.com and Avvo, paying particular attention to the negative ones.
- Ask questions. Make sure you ask the lawyer about their experience and fees when you first meet.
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
Related Content
- Can You Be Fired for Going to Work When You're Contagious?
- Four Easy Ways to Get Yourself Fired
- How Much Fun Is Too Much Fun When You're in the Office?
- Ignoring Your Company's Dress Code Can Get You Fired
- Can a Potential Employee Negotiate Conditions of Criticism?
-
I'm 57 with $4.1 million and looking to retire abroad in a few years. I no longer see the point in contributing to my 401(k). Am I wrong?We ask financial experts for advice.
-
Potential Trouble for Retirees: A Wealth Adviser's Guide to the OBBB's Impact on RetirementWhile some provisions might help, others could push you into a higher tax bracket and raise your costs. Be strategic about Roth conversions, charitable donations, estate tax plans and health care expenditures.
-
Potential Trouble for Retirees: A Wealth Adviser's Guide to the OBBB's Impact on Retirement
While some provisions might help, others could push you into a higher tax bracket and raise your costs. Be strategic about Roth conversions, charitable donations, estate tax plans and health care expenditures.
-
One Small Step for Your Money, One Giant Leap for RetirementSaving enough for retirement can sound as daunting as walking on the moon. But what would your future look like if you took one small step toward it this year?
-
This Is What You Really Need to Know About Medicare, From a Financial ExpertHealth care costs are a significant retirement expense, and Medicare offers essential but complex coverage that requires careful planning. Here's how to navigate Medicare's various parts, enrollment periods and income-based costs.
-
How to Plan Your First International Trip After RetirementRetirement paves the way for a world of exciting (and intimidating) experiences. An overseas journey can be an ideal way to embrace this new phase of life.
-
My First $1 Million: Retired Magazine Editor, 70, Boise, IdahoEver wonder how someone who's made a million dollars or more did it? Kiplinger's My First $1 Million series uncovers the answers.
-
I'm a Financial Planner: Could Partial Retirement Be the Right Move for You?Many Americans close to retirement are questioning whether they should take the full leap into retirement or continue to work part-time.
-
From Mortgages to Taxes to Estates: How to Prepare for Falling Interest RatesAs speculation grows that the Federal Reserve will soon start lowering interest rates, now is a good time to review your financial plans for housing, estate, taxes, investing and retirement to make the most of potential changes.
-
This Is How Lottery Winners Build Lasting Legacies, From a Financial ProfessionalWinning a massive lottery jackpot, like the recent $1.4 billion Powerball, requires seeking immediate legal and financial counsel, protecting your identity and winnings and planning your legacy.
