03 Aug Week 7 Q&A with Gerald Gray – A Kansas City Attorney
I filed a discrimination claim against the construction company I was employed with after I
My business agent for the union I am a member of advised me not to file the claim and now, he will not send me out for other jobs.
I feel like I am being blackballed, is there anything I can do?
Well, it depends.
I’m not sure what role the union plays in you getting a job but if you feel that they are hindering your ability to get employment due to your complaint, then you need to file a claim against them as well.
However, laws dealing with unions are a little more complex and it relates to federal law so you should certainly speak with an attorney who has experience dealing with labor unions to discuss options and the particulars of your situation to see if the union’s actions are indeed subject to legal recourse?
My 22 -year old son suffers from schitzoprenia and PTSD.
He hates taking medication or being treated and when he is off his medication, he can be very erratic and dangerous.
During his last hospitalization, the doctors said I should pursue guardianship.
Will this help with his treatment?
It would help because you would have authority to direct his care and treatment when he is off his medication and having an episode. However, guardianships are not typically handed out easily without a sufficient basis and strong evidence that your son is a danger to himself or others.
I’ve spoken with probate Judges and other attorneys regarding these types of situations and the Court is
often reluctant to award a guardianship over young individuals who do not have a long criminal history related to mental defect because a guardianship is such a permanent remedy.
It may be worth your time and effort to explore the possibility of a power of attorney which will also achieve
your objective for treatment and is far less expensive than going through the guardianship process.
My husband and I were seeking to have a Last Will and Testament executed through Legalzoom or some other internet site to direct our property.
He owned our house before we got married and my old house is now our rental property.
However, we have discussed leaving his house to his daughter and my house to my children.
What advice would you offer?
I’d recommend that you speak with an actual estate planning attorney in your area vs. using any internet based legal services.
Often times, people have no idea of what they are purchasing or what their needs may be related to estate planning or other legal services.
There has been lawsuits filed all over the country dealing with such sites and the services they offer.
If you read the fine print at the bottom, you see that you are taking a huge risk by utilizing such services.
I’m also of the opinion that legal services should be done in person, not over the phone or internet so that you can evaluate the competency and comfort level of your potential attorney.
I was divorced several years ago and am now back in Court for a modification.
I have paid my lawyer almost $5000 and he has completely botched my case.
He missed a Court date and did not fill out the Child support paperwork correctly.
How would you advise me to represent myself because I cannot afford to pay another lawyer?
This sounds like an unfortunate situation.
It sucks that your experience with your current attorney has been problematic but I would not advise you to represent yourself because there are legal pitfalls that could occur.
It is not easy to handle legal matters in Court proceedings.
There are a lot of attorneys that do not know how to navigate a Courtroom, and they’ve been through law school and passed a bar exam.
It is nothing like TV and although you are allowed to represent yourself, it is never recommended.
Speak with another lawyer to discuss options or maybe your current lawyer will give you a refund.
If not, don’t let him off the hook from his job because if he or she is incompetent, then it could be grounds for an appeal if you do not obtain favorable results in your matter.
I received a DWI recently.
How can I keep that from going on my driving record and affecting my insurance?
Well it depends.
A lawyer can often keep certain aspects of the DWI off of your driving record by making arrangements or plea options that would amend, reduce or dismiss the DWI charge.
However, often times, once you blow a BAC that is above the legal limit, your license is administratively suspended by the state for a certain period of at least 30-days typically.
This is often on your driving record regardless and cannot be removed without a Court order.