Should Families of the Wrongfully Convicted be Compensated Too?

Steven Phillips had been recently married and was in the midst of starting a new business when he was convicted of sex crimes in 1982. His wife, along with his young son, spent the next ten years visiting Phillips in prison, sending him money, and above all else, trying to get him out. The strain of being behind bars combined with the thought of never getting out prompted Mr. Phillips to seek a divorce after ten years of marriage.

After spending 24 years behind bars, DNA evidence exonerated Phillips, prompting the state of Texas to award him a compensation package of $6 million for his wrongful conviction pursuant to Tex. Civ. Prac. & Rem. Code Sec. 103.001,et seq., Compensation To Persons Wrongfully Imprisoned. This has generated a legal battle unlike any other in the nation and raises the following issue: should families of the wrongfully convicted be compensated too?

Phillips’s ex-wife believes she is entitled to a portion of his award and has taken legal action. A Texas court agreed with her, and ordered that she be given approximately $153,000 of the award. He is currently appealing this decision. Read more here.  

In Connecticut, Connecticut General Statutes 54-102uu - Compensation for wrongful incarceration, gives compensation to a person who has been wrongfully convicted, but makes no reference to their family. The outcome of the Phillips case will likely be instructive for similar situations going forward, and may even spark a trend in providing for family members of the wrongfully convicted.    

Connecticut Sales Tax Liability

In Connecticut, someone buying the assets of another company may become liable for any delinquent sales tax owed by the selling company.  Under Connecticut’s Successor Liability Statute, if you are buying all or substantially all of a business or stock of goods in a business, you will also inherit all of the company’s sales tax liability.  However, a buyer may avoid this liability by holding some of the purchase price in escrow until the seller produces a sales tax clearance letter.

Find out more about Connecticut’s Successor Liability Statute and the sales tax clearance letter on our website.

Is a Prenup Agreement right for you?

If you’ve thought about marriage, chances are this question has crossed your mind. Thanks to popular culture, prenuptial agreements are most commonly associated with heated divorce battles and arguments over money. However, these basic legal agreements are often used in even the happiest of marriages and are a very important factor to consider if nuptials are on the horizon.

A prenuptial agreement is a contract between two individuals contemplating marriage that allows those individuals to decide how their property and income will be divided upon divorce, legal separation, annulment or death.   Because a prenuptial agreement is a binding contract that can grant or deny rights to the parties involved, it is important to think carefully before entering into one.  Some of the factors to consider before drafting or entering into a prenuptial agreement include the assets you and your future spouse own and how you both would want those assets divided should the marriage end. It is important to discuss these with your betrothed before meeting with an attorney so that you can take your time and come to an agreement that is best for both you and your fiancé. Do this ahead of time so you will be able to enjoy your special day (relatively) worry-free!

The family attorneys at Brown Paindiris & Scott, LLP can assist you in deciding what to include in your prenup agreement.

Do you know what to do when approached or detained by the police?

Do you know what to do when approached or detained by the police?  As described by Attorney Richard Brown, the most important things you need to know are that you cannot be forced to say anything and that you have the right to consult with an attorney, and thereby terminate all questioning.  Do not fall into the traps for the unwary . . . casual conversation can quickly turn to more serious discussions . . . you do not need to have written a statement down and signed it for it to be used against you . . . 

Falling Tree Limbs

Falling tree limbs can be a danger, not just to damaging property, but also causing injuries and in some cases death, to people.  In fact, the cases and laws regarding falling tree limb damage have been around for quite some time, with one case going back to 1867.  The laws can also vary depending on the state.

 

The link below provides detailed information on the laws surrounding falling tree limbs:

 

http://www.bpslawyers.com/Articles/Falling-Tree-Limbs.shtml

Mashantucket Tribe Does Away with Tribal Bar Exam

The Mashantucket Pequot Tribal Court in Connecticut has stopped issuing its tribal bar exam. The Court, which resides over criminal and civil claims involving tribal members and claims against Foxwoods Casino by non tribal members, will no longer require attorneys to pass a special written exam before being permitted to practice in the court.

Edward Gasser, president of the tribal court bar association, explained to the New London Day that the test had become quite burdensome over the years and lawyers were becoming less likely to devote the necessary time to preparation. As a result, fewer and fewer lawyers were passing the exam; in recent years, only about 50 percent of those taking the test passed. Perhaps because of this difficult entry requirement, only about 150 to 200 attorneys are presently qualified to practice in the Mashantucket court systems. With the removal of the written exam, attorneys who are already admitted to practice in a state and federal court and wish to apply for admission to the tribal bar must pay a fee.  This change is expected to increase the number of attorneys qualified to practice in the Tribal Courts. Currently, the Mohegan Tribe still has a written bar exam attorneys must pass in order to be admitted to practice in the Mohegan Tribal Courts.

“Pay-For-Experience” Ad Criticized by Connecticut Legal Community

Would (or should) newly admitted attorneys and law school graduates pay an experienced attorney for experience? This is the question Stratford trial lawyer, Kenneth Beck, recently attempted to answer by placing a “Help Wanted”ad on Craigslist. Beck told the Connecticut Law Tribune that he “wasn't looking to charge five people $300 an hour to go to court with me…I was just looking to basically not lose money that's involved in explaining things. It would be learning by doing. I thought it was a creative way to fill a gap. I thought I was offering a service.” 

The “service” however, is already offered for free as a mentorship program through the bar association. His idea has raised controversy over whether it is wrong for a law firm to charge law school graduates for on-the-job training. Lou Pepe, co-chair of the Connecticut Bar Association's Professionalism and CLE section, told the Law Tribune that he thinks it “quite unfortunate that anyone would try to exploit the plight of recent law school grads in such a manner. I hope it's not a portent of things to come in our profession.” Students, lawyers, professors, bloggers and the like have reacted negatively to the ad, questioning the motivation behind such a posting. Beck ultimately pulled the ad after receiving nasty emails and responses from people who believed the pay-for-experience ad was wrong.