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When Do You need a Lawyer? Scenarios Will be discussed!

Outlaw Lawyer / Josh Whitaker & Joe Hamer
The Truth Network Radio
October 1, 2022 3:00 pm

When Do You need a Lawyer? Scenarios Will be discussed!

Outlaw Lawyer / Josh Whitaker & Joe Hamer

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October 1, 2022 3:00 pm

On this week's edition of The Outlaw Lawyer Whitaker & Hamer Attorneys discuss a recent Life hack list that Josh Whitaker came across. Joining Josh in studio will be fellow firm attorneys Cassandra Nicholas, and Taylor Scruggs-Smith. Joe Hamer chimes in remotely to discuss the latest legal topics. 

If you are facing a legal situation and have questions

call Whitaker & Hamer 800-659-1186.

Leave your name, contact information, and briefly what the call is about. An Attorney with Whitaker & Hamer will be in touch.

Legal, Attorney, Lawyer, Lawsuit, Trial, Courtroom, 

See for privacy information.


This week on the lawyer, Josh, Joe, Cassandra and Taylor discuss the law and how it affects everything around us. And as always. The outlaw lawyer. Our attorneys tackle all the days most urgent burning legal questions, such as Wendy need a lawyer, and what legal situations might you not need a lawyer. Why does Josh like top 10 lists right that's all coming up on a lighter welcome in the outlaw lawyers Josh with her and show him or are you a host of the managing firm practicing attorneys here in the great state of North Carolina in studio with us today. Cassandra, Nicholas and Taylor Scruggs. Smith also attorneys at Whitaker in Hamer we got Joe remote. He's working remotely and is also on the show so is multitasking I'm working Patrick consumer advocate again.

It's all legally is each and every week you're on the show if you got a situation you're facing, and you need answers to questions. Well here's how you can do it.

You can call Whitaker in Hamer 800-659-1186 at 800-659-1186 leave your contact information briefly with calls about an attorney with Whitaker and Hamer will be in touch.

You can always email your questions to the show that's will answer those on future programs and just a reminder, Whitaker and Hamer. They have offices in Raleigh monarch Clayton Goldsborough Fuquay Marina Gastonia and now in Morehead city again.

Let's get into a Josh what's up first. Well, Morgan. As you know we are we are attorneys right yeah that's what we do show so we are attorneys and we do the show to talk about legal topics sometimes will handle legal questions we get from from listeners. We tried to dole out some legal knowledge every week. That's the whole purpose of the show. That's while why we're here and reduce eminence today. But before we get to that before you got on on-air before start recording today.

We had a good conversation going, has nothing to do with the law at all, but I want to pose a question.

Everybody just continue this nonlegal topic. What is banter right chatter, but I thought it was interesting Simon to pose this question.

Reading it around everybody before get on their what is the most famous movie most popular movie that you have never seen right thing. If things are in a phrase the question, the most popular famous movie that you have never seen other first, as I have many as you as you guys, but now I miss a lot of movies on purpose, but I have not seen.

I've never seen Titanic never will magenta my grave. Not having seen Titanic and I've never seen Avatar and I'm a bit of my grave having not seen the garbage and or is there is it like avatar vendor Josh have you been to Disney World, I am not okay of them say they have an entire area. Pandora's there you can appreciate that without the and so when you go with the kids and they go to the skillet. Let's go to the Pandora list to the Avatar and you know I haven't seen the movie, so I'm not going on a ride flat convince my children that going to Disney is a waste of money right side that been putting that in their brains and the really empty and there your porch there.

Although Joshua Harrell bought in their own Lord Chancellor. Joshua yes have you seen dances with wolves have not seen dances with wolves you see avatar heavy seen bull Durham singled her weirdo older can't find a connection to Avatar but I'm glad you seen it.

I am his movie have never seen seen clips and I refuse to watch it all away the notebook I refuse I negligent our lives in North Carolina. I don't care because he doesn't burn. I want to support North Carolinians Mary prayed North Carolina and we talked about is one time as the Lou Combs problem.

I don't like Luke Combs music is from here on these Carolina fan right and he's upstate Eric church also at state but he's a Carolina fan like that but now I love church pennant in the Lord put ice on them with you Taylor notebook is out for me. For me, late all of this movie is not the person that watches a lot of deep romantic movies. I am into Lord of the rings. I watched Avatar and I'm I haven't seen Lord of the rings and then that I intend to I don't have like a moral stance against I would do that I enjoyed. I enjoyed the Lord of the rings, Joseph.

What dancing like I I can think of one man claim is popular maybe you haven't seen how they are probably seen among you actually watch just what are you asking all the Harry Potter like Ptech I kids man, got kids in our house in a Russian unit. Harry Potter will outline the kids the kids they they haven't tell Merrill haven't become interested in them and they have their water in the movies but Avatar didn't do it didn't do it for me did resonate with me. I don't understand and then you they been developing SQLs for like ever since they since like the original film came out there shoot them like all back to back this anyway side in theaters.

It was long but in theaters it was like at the time it was like the new 3D technology in the conflicting with that with Max the first day made a big thing of it and it was just it just, was man discount was what you Morgan you have sadly I'm a huge movie person so I mean all the big movies I've seen from talking about Morgan even a even a better question on movies is, is there a movie that you come across and obviously Josh or out of this conversation.

There's a movie that comes across when it's just on you have to watch them even though you seen it last night. Good once good was going underworld mode.

Most people associate underworld if it was like this whole vampire, werewolf like when they when it was really big and popular name was like without all the CGI was like not too long after blade morning watch them if they were on the Godfather godfather to if there on I can't stop watching a lot of people around me get really irritated because Goodfellas is, like, are you watching it again like yeah I am at Disney movies and thinking the beast the original and I'm not changing the channel, I saw the Godfather for the first time last fall in theaters because it was its 50th anniversary. They had it back in the theater and I was a great way to see it since it's a small support. I watch a Talladega nights several times in the day I had nothing to do with the law, so we will move on, but I does an interesting conversation because we're center on the Lord of the rings thing really floored because we watch that a million times but anyway, we do have legal topics today due to a release and we haven't done we somebody sent me a list thing was a life list but it was entitled 11 situations where you need a lawyer, and three were you don't and I disagree with a lot of things on this list, but it is to be a good jumping off point for some general advice when you might want to consult with an attorney when you might not need to consult with an attorney what attorneys normally charge for different kinds of consultations and a weave talk about that a little bit here and there on the show but is working to do today. We got 14 situations where you may or may not need an attorney. We thought we'd expand on this list am not a huge fan of these, last because the person who put this together.

I don't I don't member their name, but they weren't listed as an attorney for somebody who makes up lists for some website that has lists and that's all this is working to put a report for attorneys on this list.

Looking at it and evaluating it and and giving you some advice and that's the that's the show this week. Morgan all right, well, we will get to that list again. It will be legally used after this first side with the outlaw lawyers Josh Whitaker and Joe Hamer are your hosts. They are the managing partners of Whitaker and Hamer law firm and again pressing attorneys here in North Carolina and joined in studio today. Cassandra Nicholas Ament Taylor Scruggs Smith also attorneys and Whitaker in Hamer. They have offices in Raleigh Garner Clayton Goldsboro Fuquay Farina Gastonia and now in Morehead city. If you got a legal situation that you are facing, you got questions and you need some answers. I have a phone number for you. 800-265-9118 six. That's 800-659-1186 leave your contact info. Briefly, what the call is about an attorney with Whitaker and Hamer will be in touch and you can always email your questions to the show will answer those questions on a future program. Please check out the website de outlaw now before we go to break, Taylor came in last week wearing an outlaw lawyer hoodie data we have Murch and is it on the website you have marched. We have you know if you've even seen her look if you been to the website. Well, it's a cool load is like Goss a great logo but we do have hats. We do have sweatshirts but they're not for sale and are not on the website yet working on that. But if you have any interest in owning any outlaw of merchandise you can contact us. We got somewhere were hot no way right now right out of those proceeds go to the go to charity or does it just go to my kids. Disney find the greatest Avatar. I like it. Okay, I will come back after the break and again really get into life. There's a listing you don't want to miss it that's coming next. Everywhere I Morgan Patrick and ceramic it. We get into the legalese topics you may have a situation that you're facing. You may have questions. I got a phone number for you. Get in touch with Whitaker and Hamer call 800-659-1186. That's 800-659-1186 leave your contact info. Briefly, what the call was about an attorney with Whitaker and Hamer will be in charge and as always you can email the show and we will answer those questions on a future broadcast where we going were going to go to the life hack list that was sent to you Josh or you found this was sent to me people.

People talk to me during the week and a lot of times that's what I talk about research questions I get asked during the week.

Things that come up in conversation but this summer he sent me this list and I took a look at it and again, not a not a great list for content, but I think a great list for discussion.

So we got a you know this list again is entitled 11 situations where you need a lawyer in three were you don't before jumping to this. I do want to mention you know you may be listening to us on the radio where a lot of radio stations throughout North Carolina may be listening to us as a podcast. So we do deliver the show as as both a radio show every week and as a podcast are sure was nominated for a hope I get this right. 2022. People's choice podcast award for best news podcast in the world is at moving users at legal news.

What is that I don't remember news in general, but I think this is it's funny because I think it also encompassed politics in which we we stay away from the menu is not apolitical, so I don't know as Joe, you were with us last week and me last week we talked about the legal ads that were bashing attorneys you guys had a great conversation about that so we kind of gassing liars in the mail bashing lightly nickel all the ads about your life.

Is this get me but that was his real admin. I was like, man, this guy was happy when I have the news that we were nominated as a podcast and we really enjoy doing the show we get a lot out of it. No more are in. Hopefully it's helpful to the folks who listen, we hear from a lot of folks that listen and so that's been very rewarding for us but is nice to get nominated for the People's choice podcast is the one thing that stood out to me only when this prestigious award would be very nice, will tell you about it. I think the award show is this end of this month. Things 930 have the awkward cutaways can then announce the award and were sitting there waiting to win and you were to be there in person. Josh is wearing a sleeveless tank top. You can get tattoo when you get tatted on your chest, go to me unless I get an outlaw log when another. I am not as happy as I am to be nominated as much as I hope that we win one of the other nominees in the category Cassandra who's who's the dark horse candidate.

It is the problem with Jon Stewart Jon Stewart of daily show fame has a very podcast. I never listen to it until we get nominated Ellison a couple episodes yesterday. Podcast as you would expect from someone as accomplished as Jon Stewart, but it's all right basically a copy get back to where were up against some pretty big competition with. I'm pleased nice neighborhood that's that something will be looking at it we don't expect to take home the trophy there but I'll almost certainly updated. But if anyone wants to watch it going to be streamed live on podcast at 9 PM on September 30 so will will which goes by that back to our list right so we get is list 11 situations where you need a lawyer. Three were you don't hopefully will make our way through the whole list. The first one the first situation where you need a lawyer on this list is a complex or nasty horse anesthetist terminology that use attorneys will really use that terminology. Attorneys were just probably just a divorce but that's a good that's a good point right so you get a divorce happening. Or maybe you know when you get divorced. People usually get along very well right is how we get there right sometimes or some financial stress involved are some there some kids there.

Some there's some assets tell you probably agree. That's probably a situation where the average person would probably want to consult with an attorney. Yes definitely agree.

So when I was actually reading the article, I kinda had to chuckle myself couple times you know they made the comment about you know if you guys agree there's no real need for an attorney declares I would disagree with. Because I haven't encountered one where an attorney is not necessary, even when people agree they write out their own agreements which under North Carolina law, the time isn't effective or valid or illegal but like please just get the attorneys that you know that your agreement on these assets is binding and not just you know where the paper you wrote it on. I wish I was finding a divorce situation where an attorney might not need to get involved in the way the situation. My head was no two people married, but each had homes right in their sole name needs bank account separately and have kids and they just decided they didn't want to be married anymore.

Just like a handshake absolute like homeless people just don't really have any kids you know have any assets. Basically, there's nothing to litigate over there's nothing you know there's no you know then that that's probably a divorce or maybe an attorney doesn't have to get involved maybe even plan to be annoying having to go to court having to do the pleading like there's multiple don't draft the pleadings right so they end up in court and longer because they don't know the court process for how to get Dolores so like they have to try did get divorced three different times, which could take you know a year to try to get that done correctly, but even in a situation where you know you people have houses of their own in their own name if you bought those during the marriage.

Some I might still want anything, you know you're giving up your rights in this or again, even if not, you got to deal with the appreciation in value since the time that you got married, gasoline, and then there's always the thing people forget about the retirement accounts. Most people don't think about that so right when they filed and then when are you about the retirement accounts you and and you are set. So you know North Carolina were one of the states that you have to be separated for four year today here in a day before you can file for for a divorce and so a lot of times to to survive just to do normal things as an individual you know a separation agreement or free trade agreement. You need something from you by your next house you really want to make sure you handle everything that you can handle.

So during that separation. You're operating as a not single person what you're operating as independently of your spouses you can you can operate. There's a lot fine print things that you need to be aware of and in the folks who pool form online and try their best to write it out, please don't use online forms.

Some of those have said under the laws of Ohio in your clearly North Carolina on every every sires got some good laws. Every state has their different there different ways of tackling issues and and your say here in Iowa, your separate ration agreement Iowa quotes Iowa statutes may not transfer to North Carolina very well for things like real property and in custody and and things like that so very it's very easy. I guess it I guess there is a divorce out there that could be simple enough or you don't. You don't mess it up or you don't. You know prejudice yourself somehow, but most divorces most separations require an attorney in it, you know no one were all attorneys. So I guess you know I try to when I'm giving people advice, I tried to tell them things like, okay, you could probably do this on your own.

You don't have to hire me.

I could make it a lot easier for you but you you could probably get through blank right as I was try to be very honest it was.

I don't want them to think that I automatically advise and get an attorney, even if they don't, just because I'm an attorney right and we deftly don't do then turns a family law. But the thing is, even if you're filing a divorce by yourself. The clerks can't answer questions or give you legal advice though the court itself can't answer any of your questions if you don't understand the paperwork they can only give you the paperwork to fill out so if you're not sure about what you're dealing that's not really helpful. I know I things get through this list that's that's number one situations we may need an attorney complex or nasty divorce working update that essay probably any divorce in a tall, divorces, and especially the nasty and then into unity bargainable to attorneys. Write each parties and their own attorney.

Most attorneys are unable to some ethics rules about what they can do for spouses and so it's not like you guys are both going to want to talk to the same attorney sewed some attorneys pragmatic involvement situation that's in the thickest number two which is not a big issue nationwide. This might be. Might be a big topic North Carolina. It's not Wiley's part of it. So the first part is this ration are saying you will. You may need a lawyer for a wrongful termination or discrimination in the workplace and sort discrimination in the workplace is obviously nationwide problem that that would require an attorney's involvement, wrongful termination, were at will, states a wrongful termination's that's a tough one to prove North Carolina discrimination in the workplace is a federal law right so if you're suffering discrimination in the workplace under federal laws that apply to value deftly might have. You would want to. I can't imagine anybody doing anything in these situations on their own. I would think there's going to be litigation here right you get a have to get an attorney involved, I would think. Yeah, that seems like I've only had to clarify that point, you know, you don't have to get an attorney involved but I think your chances of success are basically zero without getting an attorney involved thing is that the better way to put it, absolutely.

I've only had one consul regarding this at all. A lot more.

The time if I'm having any consults regarding employment.

It's about like an employment contract for noncompete stuff that's a good that's a good thing to say here so if you if you're if you're not will employee that means there's no contract between you and your lender your 1999 contractor, your employer just hired you to work in their store their office and and they can fire you for any reason or no reason I can't fire you for an illegal reason, right.

So it has to can be anything illegal, but that is deftly different. If you have an employment contract and you get terminated. That's a breach of contract issue. That's it. That's not us on a wrongful termination, at least not in the way that attorneys think about it, but that's number two on our last and again that we don't see a whole lot of this but the general advice is you want to consult with an attorney something like that happens you tell attorney a non-attorney wrote this list but number three on this is lawsuit strike lawsuit. In general, you need a lawyer for so in this example from this this person's last lawsuit is someone sewage right for something. I'm guessing that what they meant was like a contractual issue like we just kinda mentioned breach of contract with somebody is suing you for money right you did something wrong he breach the contract and yes I hope I would say a consultation with an attorney on that once you've been sued is is important. However, I want to jump ahead a little bit to the last part of this list of the three parts where three instances where this person says you do not need an attorney and it has Small Claims Court so you can be sued, but the amount in North Carolina is under $10,000 and it's in Small Claims Court, I think you can do that on your own, but so number three that you need an attorney for a lawsuit when you're being sued is kind of mixed messages with the other part of the last number three I have to break down number three and were up against the brakes on the breakdown lawsuits next morning. Okay, sounds good.

Again were going over 11 situations. If we can get to the mall where you need a lawyer and we also have a few that you may not need a lawyer but remember were not quite sure who put this list together so we got attorneys on the case and will talk about again lawsuits coming up on the other side. Also DUI drug charges car accident with injury criminal charges. Those are just a few of the topics coming up on the other side your listing to the outlaw lawyers Josh Whitaker and Joe Hamer are your hosts.

The managing partners at Whitaker and Hamer law firm offices in Raleigh Garner Clayton Goldsboro Fuquay Marina Gastonia and now in Morehead city and in studio today. With us were attorneys Cassandra Nicholas and Taylor struck Smith also with Whitaker and Hamer law firm. If you've got a legal question you are facing and you have questions and you need some answers well you can call this number 800-659-1186. That's 800-659-1186 and again to contact info briefly what that calls about an attorney with Whitaker Hamer will be in touch again.

Email your questions to the show answer my future broadcast questions asked you back right after this now in Morehead city they are pressing attorneys here in North Carolina and visiting with us in studio in their becoming regulars Cassandra Nicholas and Taylor struck Smith also attorneys at Whitaker in Hamer and today show dedicated to 11 situations where you need a lawyer and we have a few where you possibly don't need a lawyer and again we throw this in. This is from a life It is a list and apparently not put together by an attorney and we are on lawsuits and really continue that discussion.

Josh yes this is a big topic here in the more we talked about this a week if you get sued you can get sued in a couple places right.

This is, this would be a civil issue right breach of contract, something like that you get you get sued in federal court, which is very serious.

If you get sued in federal court.

I can't think I can leave a situation where I would ever advise you not to talk to an attorney if you get sued in federal court. But what you get sued and in state court state quarters. Superior Court, which is usually cases involving real property cases in excess of 20 or 25 grand. But basic your Superior Court it's it's up. That's a big deal. Something big is is at stake. District Court is a little less serious. You can you know you there's not really a limit on what you can see for District Court really, but it's a it's a little less formal and then you can get sued in small claims and like Cassandra saying earlier small claims, a lot times will let people know you a small claims this is kinda developed, so you don't necessarily have to have an attorney and you see, not Cassandra, yes I did go to court with the client for a small claims issue and it's interesting we we do a lot of work for legal insurance plans. So if you're going to consult with an attorney. Check with your employer. See if you got legal insurance. These legal insurance plans typically do you cover preparation for Small Claims Court so filling out the forms for you to submit to the court to sue someone else for an amount under $10,000 but do not cover you for actual representation in Small Claims Court and having been there a couple times I can tell you, you probably don't need an attorney in Small Claims Court. It is a little bit less formal.

As long as you have the proof you need to show the judge. The judges are at that level are very understanding of of the folks coming in that don't have lot agrees. They they know that situation. They know the context that you are not an attorney and don't expect you to necessarily function at that level, whereas District Court little bit different. Even if you go in as a nonattorney your expected to adhere to the same rules and attorney would have to in the courtroom, so you might have to deal with, you know, evidentiary area issues and why you can and can't present something or a lot of times you know you when you get sued. You have 30 days to respond and most people don't always know that you wait till you know day 31 to call your attorney for advice. Please call her here. Take a look at where you're getting sued right anything other than small claims for sure: attorney and even if it is small claims may become an attorney in a small claims magistrate should not really in front of like an elected judge magistrates or employees of the court system right and they they may be attorneys, they may not be attorneys but depending on what county or anywhere in North Carolina. There can be a lot of difference between the magistrate. You might see on Tuesday in the magistrate.

You might see on on Wednesday there no and in law school. We spent a lot of time attorney spent a lot of time learning the Rules of Civil Procedure learning the rules of evidence and small claims autopsy throw that out the window right and they are dismayed of its kind designed for the pro se clients of pro se means representing yourself. So again I might tell you not to sit down with an attorney and console over your small claims matter because again upwards of 10 grand right to be of like 10 grand and 10 g not chump change. They wait that small claims District Court, Superior Court.

You can be doing the rules of evidence, the Rules of Civil Procedure. If it's something where you can even represent yourself, you're going to be subject to these rules in the judge don't care if you don't know yet don't care endurance of the law. Ignorance of the rules. That's not a defense and if so, I did know how to answer in 30 days of tough all right know they don't care there. Then I can cut you any slack. So I would say. If you're getting you loss. I am doing." You can see that lawsuits seal it yeah I was and I since they are quotes and if you lawsuits if you get sued. You probably need to talk to an attorney. This is gonna consultation your attorneys. We talk about how attorneys get paid right because sometimes attorneys take things on a contingency basis. You know, personal injury claims things like that you don't necessarily have to recover anything. There's the lawyer commercials were they don't they don't get paid if you don't get paid type scenario that's contingency agreement. Suddenly Michigan probably pay a consult fee you have to pay for that attorney's time and experience to say hey this is what normally happens, here's what I think you should do this is what you should be worried about. These are some defenses you have have to pay an attorney for that for that knowledge. And so right.

That's number three is lawsuits written within a move on this list. I'm not a fan of this list already growing three and but we've already committed so onto number four driving under the influence a DUI that is a situation where this person, this author drafted this list says you need a lawyer and I guess I just agree with that. I don't I'm trying to think of something to say about that but yeah I just that's it's very see that is generally easy when Josh, it's an easy one, to make a controversial statement and I want to say you should drink and drive to go on record to take an unpopular opinion been drinking should not be driving hashtag legal drugs that affect him to go ahead and expand it. If you've been using any kind of mind altering substance go ahead and don't drive Josh yeah I that's complicated yes comp charges. There's a lot of ramifications if you're found guilty most most counties. Most prosecutors most DAs are not and I throw that out. A court you know it's DUIs. Most counties have a plead guilty or really go to trial is not you know you can go up to the DA like a maybe sometimes on a speeding ticket may be on your own, you can convince the DA to throughout your speeding ticket or reduce your speeding ticket ain't happening on a DUI or DWI. That's a plead that. Are you going to go to trial and there's things to do along the way there's yet again assessment, there's there's there steps you have to take and a DUI charge is is serious and complicated and I just I that's a that is a good that's good almost less you need an attorney for that. I would think yes yes get tons yes tons a ramifications that affect your day-to-day life and yet like it.

Joseph said as the official outlaw lawyer stances don't do it. Don't drink and drive or use drugs and drive. But if you get charged deftly need to seek attorney's advice and in sooner than later. Right. Don't wait until only until the day before the court that you know and anyway that that's a good one.

So an and in the number five on this list, is the same thing to get a drug charge right so these are both criminal.

You need a criminal attorney and in the need to talk about. That's the biggest thing I think when you're charging something criminally is talking to someone who's represented similar clients and I know what you're up against.

That's the first thing what what the penalty was the normal penalty in wake County, for you know having over 5 ounces of marijuana right. What's the you need somebody you can tell you this is what you're looking at. And of course if you have prior charges convictions. If you have a record you someone he can advise you like it is what you look at this is easier defenses let's let's get the penalty. Sometimes a lot of people have situations where they were initially pulled over illegally like they shouldn't have even been stopped by the police a lot of things on these criminal charges about how did the cops even get you in their custody.

How did they even get this so-called evidence what evidence does the DA even had against you on that type that has to be shared. And if you don't know the proper steps to go through the process to potentially get something overturned or the evidence to show the DA to get it dismissed early never. I would suggest trying to do that with Cara, Josh, I want to jump in.

You brought up a really good point. You kind of want to go somewhere that deals with the issue that you're dealing with. And on that note, maybe explain to our listeners how Whitaker and Hamer operate. You have attorneys that specialize and if a call comes in for a certain situation that attorneys can get that situation.

Absolutely we have we have our criminal attorneys that deal with this every day there in the courthouse every day and they know they know they know what to do they know the questions to ask and like Taylor was saying. You have certainly haven't talked about yet basic constitutional protections and so you know is not always about whether you're guilty or not.

The other side, the prosecutor, the police, they have to do things the right way and if they have done something that violates a constitutional right. You know what attorneys one is going to point out to you just going through the whole situation with an attorney figuring out what your defenses are if this is something that should go to trial is a something that can be pled down yet is all kinds a ramifications on a criminal charge but but yeah, definitely. You know, we are firm's been around, work, or almost 20 years now are we know we got, you know what that good group of attorneys who are very experienced at this point, but you want to sit down somebody who knows what they're doing. I guess the best thing to say in this ties in the number seven which is just criminal charges. In general, holy attorney is really interesting that it yeah criminal charges is separated as its own line item separate from DUI and drug charge right. I think you look at list maker showed us their list making ability when they put lawsuits is not know how many clicks did they get on this from you from from John Golding to the God of the contradiction again because then they say for traffic tickets. You don't need a lawyer just pay the fine. Get over it.

Which is horrible. No, don't do that really back some of the work advice of ever really be dismissed. If you just show evidence of, you know anything. Always talk to criminal attorney. Most of us traffic tickets can be dismissed or reduced alias scapular plans.license taken away.the pay such a large fine traffic tickets. Is this terrible advice of this traffic tickets was under when you don't need a lawyer that was one of the problems of this list, but yes, that does the worst advice traffic takes is like the number one think is a me the cost benefit like your you're talking about. There's folks who do tons of traffic tickets and you not paying an arm and a leg to get them to help resolve your ticket in the best way and yet insane advice man discrediting this list based off of just that piece of North Carolina.

Every counties different to so what what what it DA or an ADA may do in Hardin County is going to be really different from Orange County or wake County or Johnson County and so you really need an attorney who practices in that County news what's going on and what can be done and what's acceptable and what's not. But yet it never paid sick it is to get the maximum insurance points in the maximum driver's license points I hear a lot of people say that Jos got pulled over in the officers is just Melanie doing have to go after their being nice. You know meeting you're guilty, like when you pay the fine. It's admitted that you're guilty and you did the charge in only had one traffic ticket and I was in high school and I definitely just paid those before we release you from the show right so what was it 80 to 25 school zone.

It was in Mansell. I through a stop sign going like 2 miles an hour, I got one in North Dakota back on the envelope and I just came off a ramp and they got me off the ramp rolling through a stop respect know I wasn't speeding. I was taking an exit into you know your term making attorney are coming off the ramp and there was a cop sitting right there ticket for what what did you do on five over while you're coming down the ramp. That's pretty fast you or make my dog barking like slight allies as an excuse for any slid right into spamming the siding on our I will be wise, Joshua, Karen, Joe Hamer, Whitaker and Hamer law from the power behind the program again and Josh Joe managing partners at the firm. We have Cassandra, Nicholas and Taylor struck Smith in studio with us today and again were bringing Joe and remotely busy guy, but he's he's multitasking today. Obviously, Josh is watching her didn't want to watch Titanic and during the three and half hours he would've spent watching Titanic. He was online and found a life list 11 situations where you need a lawyer and three where you don't and obviously the attorneys on the program today picking it apart and having some fun with it too. But listen, you may have a legal situation you're facing. You may have questions you can always call Whitaker and Hamer 800-659-1186 at 800-659-1186 and leave your contact info briefly with calls about an attorney with Whitaker and Hamer will be in touch and you can always email your questions and show answers on future broadcast questions at the top of this, Gastonia and Morehead city. I Morgan Patrick consumer advocate each and every week we do legally get into the topics we have some fun with you but we also get into the serious issues when it comes to legal and if you got any questions about what you're going through and you need some answers. You can always call Whitaker and Hamer 800-659-1186. That's 800-659-1186 leave your contact info briefly with calls about an attorney with Whitaker Hamer will be in touch again. You can always email your questions to the show will answer them on air in a future program questions asked, the outlaw and again we've gotten into a life list situations where you need a lawyer and somewhere you don't and we are down to wills and trusts before you get there. Morgan I want to backtrack for a minute, which we are telling our folks her listeners earlier on that we were nominated our podcast version of the show that we are even eliminated my knowledge but breaking news, but we we were we were nominated for a 2022.

People's choice podcast award for best what was it Cassandra politics and show ever. Yes. And so it's it's a field of less than 10 more than five less than 10 exactly 1010 and our competition got some stiff competition in this category. I don't share what was an English accent or new member. The problem with Jon Stewart with the Jon Stewart the Jon Stewart of the solution. With the outlaw. I wonder if this gives us opportunity were maybe we could call Jon Stewart since were were in the same R you like. It is likely they were the same.

You know I can I can talk to you. We should send a mission get a cell phone number needs on first but surely knights were were doing this list know we we auto like this last week spent many minutes now with this list and were not super pumped about. It's it's not legal advice that it's giving but anyway keep going strong.

Number eight wills and trust, and so this is certainly I personally get, you know, can you draft your own will. Can you write your own will. Yes you you certainly can. Just like anything else you could do that, man. I've seen some people make some some superduper important mistakes handling neural wills handling their own trust handling their own.

I would even grow and estate administration estate probate issues. If you have any assets you care about and any loved ones.

I would not recommend handling this on your own yeah absolutely yes I do estate administration is one of my main practice areas. So I see after folks died when wills are done badly and the thing about wills is if yours is drafted badly. You might not know it, you granola die ever an issue for anyone, so it might not be a problem but your wishes will not be followed.

If your will is not valid. So there's some really common mistakes that, for instance, there not being any witnesses to the will written by an individual in North Carolina. You need witnesses to the well and then if the will is going to be what they call self proving it also needs to be signed by you.

The two witnesses in front of a notary. There are ways around that. To prove your will after you die. If your witnesses are still alive and accessible. We can go get affidavits from them. Please don't make it that hard for your family. The whole point of this will is for your wishes to be followed and to make that after death process is easy on your family as possible so save everyone the trouble get a lawyer to draft your will so that you know it complies it does what you wanted to do and I would add into that because I often tell my family law clients like you know you have that year-long separation. Obviously, we don't wish any bad will upon you, but you never know what can happen to you during that year-long separation before your divorce get a will done in a lot of people don't know what the general statutes are in terms of what will happen if you don't have a whale who gets what and when you tell them that hey, if you're not actually divorced yet.

You know, the spouse gets this much, eight and eight to get crazy about it and it's like everything you will so you're advising people rate when their consulting with you to change their well mother separated. Yes, because again that year-long separation.

You don't know what could happen and in the eyes of North Carolina.

If you're not divorced you're married so God forbid something happens to you and yours not divorced yet and now the person you were trying, divorced, getting half of your state. Good like legal advice tailored was my rock star moment of the day.

I've never seen anyone try to at least in my practice.

You know I'm usually looking for stuff after your after your on right you know if you've prepared your own will or what have you were not usually looking at your your dead and gone. So your not worried about it anymore. But I've never seen by even attempt to create their own trust unitrust are very complicated very some uniform laws between states but still some state specific items that that you're going do you know a trust is something you create to hold title to real property can hold title to cars can have bank accounts and and you're trying to trying to avoid probate or unit maybe some maybe some taxes.

There's all kinds of reasons why you might want to trust but trust her very some and attorneys to look at is not. I'm not a big fan of the thing. I think I Whitaker Hamer. At least I can't speak for every law firm.

I think we really try to be affordable for the services that that the average person needs and so to get it if you if you're in a position we need to trust you probably got some assets are trying to protect it's worth spending the money to make sure it's done correctly bad trust are hard to unwind.

You can cloud title you can really make a mistake is really not going to hurt your heirs and this is where I get on my soapbox.

I'm not a fan of these are you mentioning the names and off like our parser should get sued. But these self-help right will will help you create a form you just answer these yes/no questions. Man, I've seen a bunch of deeds a bunch of wills, a bunch of trust that really caused a lot of concern because you just need someone who knows what they're doing so to look at something and not cost you and your family. More later. Like fixing those title issues is expensive and annoying that they most families.

Not every family, but most families there's one person you cousin, sister, brother. There's an ex spouse is there somebody disconnect calls issues with your estate once you're gone right Josh, tell us who that one person is in your family.

We don't have that person.

I won't tell anyone. There seems to be in most families, this the person that if there's any ambiguity. If there's anything to challenge if there's anything that can be done to make it harder. They're going to make it hard right and so that's that's what you and you will alleviate any ambiguity or come up against break wills and trust you.

I think you always need an attorney that you're trying to disinherit anybody. The outlaw lawyer. We are going to be back on the other side we will wrap up the program again having some fun with a list situations where you need a lawyer in some situations where you don't that's coming up next on the lawyer if you had a legal situation you're facing. You can always contact Whitaker and Haber 800-659-1186. That's 800-659-1186 you can email your questions to the show and if you do call just leave your contact information and I briefly what that call is about an attorney with the touch were back on the other side of Estonia and now in Morehead city in studio with us today.

Cassandra, Nicholas and Taylor Scott Smith also attorneys at Whitaker and Haber have a little fun with the Lifehacker list situations where you need a lawyer. And somewhere you don't and we got time for maybe some wrap up comments will number where we worked our way to number nine on the stillness list and number nine is business startups. I think that's definitely we do a lot of that law firm that is definitely a place where you need some advice. Why different options when you start up a business you know if you have partners you need agreements between the partners you need to talk about who's putting in what are you to divvy up assets as this is my loaning money to the business.

How should you operate, you know, liability shields, you know, there's tons of stuff to talk about for a business startup even if you're going as a sole proprietorship which we hardly ever recommend in the in a consult with still things to ask an attorney and again paying for an hour of an attorney's time. I would even say I'm not a CPA, but paying for an hour of a CPAs time.

Once you get started. There's a lot of mistakes. Everybody makes when they start out as don't know any better and with a very minimal amount of attorney's fees very minimal amount of CPA fees you can avoid some very common mistakes that we just see happen over and over and over again.

I agree. I concur I as as as is a man who started a couple of businesses over just a couple over his life. There's a lot of mistakes that I figured out along the way. That probably some I knew what they were doing for a reasonable amount of money could told me to avoid a long long long time ago but business startups number not definitely deafening. Talk to an attorney is number 10 on this list Taylor so it looks like now Workmen's Comp. or disability claim. And I think that kinda goes into that wrongful termination or discrimination that we were talking about earlier.

Those are more than likely some federal or high level state laws day are very hard to navigate on your own, just have I done pro bono VA disability claim and these types of claims. What they're looking for a reason to throw it out on technicalities you need to follow their exact instructions so it's better just to get the attorney because a lot of those claims are about persistence, following rules and persistence until you get to that initial line of winning the claim procedures very important procedures very important. A lot of legal arenas and not following it not being aware of even the most minute detail will derail release delay your claims as a very important one where you will you will representation a lot of that's taken on a contingency. So if you meet with an attorney about something like that.

A lot of times you're not paying anything upfront you're getting the benefit of their advice and experience for free so I always want to do that. Number 11 here on our list bankruptcy again get in attorney as an attorney, I'm telling you to get it I would get my procedure and procedural hoops man that's tons of bankruptcies, one where you're in federal court right is not others or state bankruptcy urine better role. District Court for bankruptcy and, again, very procedure intensive. There are things that can be done in bankruptcy things that can't be done in bankruptcy meeting. You need to talk to an attorney is not something out. Yeah I was I was thing is were going to slip something about all the attorneys we have a lot of attorneys that work at our law firm but our law firm also is represented by attorneys when the law firm needs attorneys right so where were attorneys were pretty knowledgeable of the law on there's things in a coma. That will still will go hire an attorney to help us take care of because it's just there some things that are that complicated, that complex regions need an attorney, but that was the that was the 11 things. This list was the 11 times you need attorney three times you don't and I think we talked about all the dolts right Landau's work that you don't want to contact if you don't want to contest but even if you don't contest. Please begin attorney can make sure you are doing right.

If not there to be asking for extra attorney fees or anything like that. I think the main take away from this list is not to get your legal advice from googling life is not really good night life.

Anyway, I don't want you to know real-life all right what we are up against the break watch Titanic don't stay up late looking into the Lifehacker list but anyway we had a lot of fun today on the show. The online just Whitaker and Joe Hamer managing partners Whitaker Hamer law firm again. The power behind this program and they are both pricing attorneys here in North Carolina. Cassandra, Nicholas and Taylor Scott Smith also attorneys at Whitaker in Hamburg if you got a legal situation and you've got questions, you can get answers by calling: the firm 800-659-1186 at 800-659-1186 leave your contact info briefly with calls about turning him or will be in touch always email the show questions at the outlaw line or not, another great show focusing on the radio attorney licensed to practice law in North Carolina disappearing on the show. Maybe license North Carolina attorneys discussion of the chosen to be general in nature and in no way should the discussion be interpreted as legal advice. We would like. Once an attorney licensed in the state in which you live. Have the opportunity to discuss the facts of your case with you.

The attorneys appearing on the show are speaking in generalities about the law. North Carolina and how these laws affect average Carolinian.

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