
Ask A Lawyer 2020
Season 2020 Episode 1 | 54m 48sVideo has Closed Captions
Ask A Lawyer, presented by the Okla. Bar Association.
Each year, with the observance of Law Day, Ask A Lawyer gives answers to some of your most frequently asked legal questions. Viewers statewide can also call in and speak to a Lawyer live to answer their legal needs at no cost to them. The goal is to make people aware of how the legal system works and how you can benefit from it. Presented by the Oklahoma Bar Association
Problems playing video? | Closed Captioning Feedback
Problems playing video? | Closed Captioning Feedback
Ask a Lawyer is a local public television program presented by OETA

Ask A Lawyer 2020
Season 2020 Episode 1 | 54m 48sVideo has Closed Captions
Each year, with the observance of Law Day, Ask A Lawyer gives answers to some of your most frequently asked legal questions. Viewers statewide can also call in and speak to a Lawyer live to answer their legal needs at no cost to them. The goal is to make people aware of how the legal system works and how you can benefit from it. Presented by the Oklahoma Bar Association
Problems playing video? | Closed Captioning Feedback
Where to Watch Ask a Lawyer
Ask a Lawyer is available to stream on pbs.org and the PBS app.
Providing Support for PBS.org
Learn Moreabout PBS online sponsorship>> GOOD EVENING, I'M MELISSA DeLACERDA, AND WELCOME TO ASK A LAWYER.
EACH YEAR IN OBSERVANCE OF LAW DAY WE CELEBRATE BY SHARING SOME OF THE WAYS OKLAHOMA ATTORNEYS ARE WORKING TO IMPROVE THE LIVES OF EVERYDAY OKLAHOMANS.
THIS YEAR THE CHALLENGES FOR ALL OF US ARE EVEN GREATER.
WITH THE OUTBREAK OF CORONAVIRUS IN OKLAHOMA, EVERY ONE IS ADAPTING TO THE NEW NORMAL.
OKLAHOMA'S LEGAL SYSTEM IS NO DIFFERENT.
FOR EXAMPLE, IN MARCH, THE OKLAHOMA SUPREME COURT AND THE COURT OF CRIMINAL APPEALS ISSUED ORDERS TO ENSURE COURTS COULD CONTINUE TO FUNCTION WHILE ALSO PROTECTING THE PUBLIC HEALTH.
DURING THE PANDEMIC, JUDGES ARE STILL WORKING ON EMERGENCY MATTERS AND ARE HEARING ROUTINE MATTERS BY PHONE AND VIDEO CONFERENCE WHEN POSSIBLE.
THESE ARE ONLY A FEW EXAMPLES OF HOW LAWYERS AND JUDGES CONTINUE TO SERVE THE PUBLIC DURING THIS CRISIS.
THE METHOD OF PROVIDING FREE LEGAL ADVICE OR PART OF LAW DAY HAS CHANGED THIS YEAR.
BUT LAWYERS ACROSS THE STATE REMAIN COMMITTED TO HELPING THEIR COMMUNITIES BY ANSWERING LEGAL QUESTIONS FOR FREE.
TO RECEIVE LEGAL ADVICE EMAIL YOUR QUESTION TO AskALawyer@okbar.org BY MAY 4TH.
ATTORNEYS FROM A VARIETY OF PRACTICE AREAS ARE PARTICIPATING IN THIS YEAR'S ASK A LAWYER FREE LEGAL ANSWERS PROGRAM.
IF YOU HAVE LEGAL QUESTIONS RELATING TO THE IMPACT OF COVID-19 OR OTHER MATTERS, OKLAHOMA LAWYERS ARE HERE TO HELP.
DURING THIS PROGRAM WE ARE GOING TO INTRODUCE YOU TO PEOPLE WHO HAVE REACHED OUT TO LAWYERS FOR HELP.
IN OUR FIRST STORY WE'LL MEET JENNIFER.
A BUSINESS OWNER ENTERING A BRAND-NEW INDUSTRY IN OUR STATE.
GROWING OF MEDICAL MARIJUANA.
♪♪♪ >> I HAVE WORKED IN THE HEALTHCARE PROFESSION FOR ABOUT 15 YEARS.
THINGS I DO ON A DAILY BASIS INVOLVE LIKE RADIOGRAPHY.
>> IN VISITING WITH JENNIFER THE REASON SHE CAME TO ME TO START THE GROWING CANNABIS BUSINESS, SHE HAD SOME FAMILY MEMBERS WHO HAD OPIATE ISSUES.
>> THEY HAVE CLAIMED THAT MEDICAL MARIJUANA HAS HELPED THEM GET OFF PRESCRIPTIONS AND BE ABLE TO FUNCTION EVERY DAY AND YOU KNOW, WITHOUT HAVING TO DEAL WITH THE SIDE EFFECTS OF ALL THAT.
I THOUGHT THAT WOULD BE A GOOD WAY TO HELP, YOU KNOW, BE ABLE TO GIVE BACK TO THE COMMUNITY.
>> SHE REALIZED WHEN THEY FINALLY PASSED THE MEDICAL MARIJUANA BILL, THAT THERE WERE CERTAIN RESTRICTIONS THAT WERE LIFTED THAT COULD HELP PEOPLE HAVE ANOTHER ALTERNATIVE BESIDES HAVING TO CHOOSE OPIOIDS.
SHE CAME TO ME TO MAKE SURE THAT I DID THINGS RIGHT FOR HER.
SHE CAME AT IT WITH A GOOD HEART AND ALL OF THE RIGHT REASONS IN THE WORLD TO BE A GROWER, SO I'VE HELPED HER GET ESTABLISHED IN HER BUSINESS.
>> I FEEL LIKE HELPING OTHERS IS WHAT WE ARE ALL SUPPOSED TO DO IN THIS LIFE.
I'VE ALWAYS BEEN IN THE INDUSTRY WHERE THAT'S WHAT I DO, SO I FEEL LIKE IT'S VERY REWARDING TO BE ABLE TO HELP PEOPLE AND YOU KNOW, IF I CAN DO THAT THROUGH THIS INDUSTRY, YOU KNOW, I'M SUPER PUMPED ABOUT IT.
>> THERE ARE A LOT OF STEPS INVOLVED IN GETTING SOMEONE SET UP TO BE ABLE TO BE A PART OF THE MEDICAL MARIJUANA INDUSTRY AT OKLAHOMA.
JENNIFER KNEW THAT AND KNEW SHE WANTED TO DO THINGS RIGHT.
>> FIRST STEP WE HAD TO DO AFTER, YOU KNOW, DISCUSSING WHAT WE WANTED TO DO WAS COME UP WITH A BUSINESS NAME, WE HAD TO FILE WITH THE STATE OF OKLAHOMA, SO WE HAD TO, YOU KNOW, CREATE OUR BUSINESS MODEL TO SEE WHAT WE WANTED TO OPERATE AS.
>> SHE HAD A NAME SHE WANTED TO REGISTER SO I MADE SURE THAT NAME WAS AVAILABLE FOR HER AND REGISTERED IT.
I HELPED HER GET INCORPORATED WITH THE STATE OF OKLAHOMA, BECAUSE ONE NEEDS TO BE A REGISTERED ENTITY IN OKLAHOMA SO WE GOT HER HER COMPANY.
I DID THE ARTICLES OF INCORPORATION.
>> HIS GUIDANCE WAS LIKE A CHECKLIST.
LET'S GO HERE, HERE, HERE, DO THIS, DO THAT.
>> THEN ASSISTED HER WITH THE LICENSING PROCESS ITSELF BECAUSE IT'S VERY COMPLICATED.
A LOT OF STEPS, A LOT OF ATTACHMENTS, A LOT OF INFORMATION THE STATE REQUIRES AND I HELPED ENSURE SHE GOT THOSE THINGS DONE AS WELL.
I ALSO ASSISTED HER WITH THE REGISTRATION WITH THE OKLAHOMA BUREAU OF NARCOTICS BECAUSE ONCE YOU GET THE LICENSE TO EITHER BE ABLE TO GROW, DISPENSE, TRANSPORT OR PRODUCE YOUR PRODUCT, YOU ARE STILL NOT ABLE TO GROW A SINGLE PLANT UNTIL YOU'VE REGISTERED WITH THE BUREAU OF NARCOTICS.
>> THE THING THAT I LEARNED ABOUT THIS ENTIRE PROCESS IS THAT NOTHING IS BLACK AND WHITE.
IT'S ALL KIND OF LIKE A GRAY AREA, SO PEOPLE CAN INTERPRET IT DIFFERENTLY, AND I THINK THAT'S WHERE PEOPLE ARE GOING TO GET HUNG UP ON THINGS, OR MAYBE HAVE IN THE PAST.
AND IT CAN CAUSE A LOT OF DELAYS IN THE PROCESS.
>> THERE'S ALSO SOME COMPLEX TAXATION ISSUES THAT HAPPEN WITH THE MEDICAL MARIJUANA INDUSTRY.
AND BECAUSE THE STATE OF OKLAHOMA RECOGNIZES IT AS BEING LEGAL, BUT THE FEDERAL GOVERNMENT RECOGNIZES IT AS BEING ILLEGAL.
BUT EVEN THOUGH IT'S AN ILLEGAL ENTITY AS FAR AS THE FEDERAL GOVERNMENT IS CONCERNED, THEY STILL EXPECT YOU TO PAY TAXES ON IT.
HOWEVER, THE TAXATION ISSUES YOU HAVE TO ADDRESS FOR THIS TYPE OF REGULATED INDUSTRY IS DIFFERENT THAN ANY OTHER BUSINESS THAT THE FEDERAL GOVERNMENT RECOGNIZES AS LEGAL.
>> YOU DO HAVE TO BE APPROVED TO MANUFACTURE A DANGEROUS SUBSTANCE.
MEDICAL MARIJUANA FALLS IN THAT CATEGORY.
YOU HAVE TO HAVE A LICENSE FOR THAT.
SO YOU CAN'T ACTUALLY START GROWING YOUR PRODUCT UNTIL YOU GET THAT APPROVAL.
ONCE YOU GET THAT, YOU CAN ACTUALLY START YOUR BUSINESS.
>> THERE ARE SOME COMMON MISTAKES THAT NOT JUST A GROWER CAN MAKE, BUT IN ANY OF THE OTHER, THE BIG FOUR AREAS ARE GROWING, DISPENSING, PRODUCING, AND TRANSPORTING.
AND ONE OF THE FIRST HURDLES THAT I THINK ARE GOING TO BE THE EASIEST FOR SOMEONE TO OVERLOOK IS THE ISSUE OF TAXATION.
WHAT DO WE DO WITH THE FEDERAL GOVERNMENT?
WE KNOW WHAT TO DO WITH THE STATE BECAUSE THAT'S SET OUT BY STATUTE.
BUT IF THE FEDERAL GOVERNMENT CONSIDERS IT ILLEGAL, ARE WE STILL SUPPOSED TO PAY OUR TAXES OR DO WE JUST HOLD ON TO OUR MONEY.
AND THERE ARE SOME ENTITIES THAT I'VE NOT DEALT WITH BUT THERE ARE SOME ENTITIES THAT HAVE DECIDED TO HOLD ON TO THAT MONEY TO TRY TO SOCK IT BACK AS BEST THEY CAN AND THEN IF THEY ARE EVER AUDITED THEN THEY HAVE IT.
THE TROUBLE WITH THAT IS, IS THAT IN THE REGULATED INDUSTRY LIKE THIS, THE FEDERAL GOVERNMENT KNOWS WHAT YOU ARE DOING BECAUSE THAT'S WHAT YOU'VE HAD TO APPLY FOR IN THE STATE, SO IT'S EASY JUST TO FOLLOW DOWN A CHECKLIST TO SEE ARE YOU COMPLIANT, ARE YOU COMPLIANT, ARE YOU COMPLIANT.
SO THAT'S ONE.
I THINK A SECOND ONE THAT IS CONFUSING AND THAT AN ATTORNEY CAN HELP SOMEONE WITH, IS THE FACT WHEN SOMEONE IS ISSUED THEIR LICENSE BY THE STATE OF OKLAHOMA AS A MEDICAL MARIJUANA GROWER OR IN ANY OF THE OTHER AREAS, ONE WOULD LOGICALLY THINK I'M READY TO GO.
BUT YOU ARE NOT.
>> AS FAR AS THE ACTUAL GROWING OPERATIONS WITH THE TYPE OF MATERIALS THAT YOU NEED, THERE AREN'T REALLY SPECIFIC GUIDED LISTED IN THE OMMA.
THERE ARE THINGS LIKE YOU HAVE TO HAVE TESTING DONE, IT HAS TO FALL IN CERTAIN VALUES, HAVE TO BE APPROVED BEFORE YOU CAN ACTUALLY SELL YOUR PRODUCT.
>> AS YOU BEGIN TO GROW, AS YOU BEGIN TO SELL, AS YOU BEGIN TO PRODUCE OR TRANSPORT, THERE ARE ALSO REGULAR MONTHLY, VERY DETAILED REPORTINGS BECAUSE WE ARE TALKING ABOUT A REGULATED INDUSTRY.
SO THERE ARE A LOT OF MONTHLY REQUIREMENTS THAT ARE DONE, THAT IF THEY ARE NOT DONE RIGHT, THEN THAT CAN GET SOMEONE IN DIFFICULTY AS WELL.
>> THERE ARE VARIOUS STAGES THROUGHOUT THE PROCESS.
YOU NEED TO DOCUMENT AND THAT'S WHERE THEY TALK ABOUT THE SEED TO SELL, YOU HAVE TO DOCUMENT THAT KIND OF INFORMATION AS WELL SO YOU ARE BASICALLY KEEPING LIKE A RUNNING INVENTORY AND A QUALITY CONTROL PROGRAM ON YOUR ACTUAL PRODUCTS THAT YOU ARE GROWING.
>> FOR A GROWER, THERE ARE PARTICULAR REQUIREMENTS THAT THEY HAVE GOT TO FOLLOW OR AT LEAST ASK FOR A WAIVER THAT WOULD ASSURE THE GOVERNMENT, THAT WOULD ASSURE THE STATE THAT THE PRODUCT IS SAFE.
THAT IT'S NOT EASY FOR SOMEONE TO COME IN AND STEAL, THAT IT WOULD NOT BE EASY TO MISUSE IT.
BY G.P.S.
COORDINATES, THE BUREAU OF NARCOTICS WANTS TO KNOW WHERE ARE YOU AT.
SO YOU GIVE THEM THAT INFORMATION AS WELL.
THE STATE, BASED ON YOUR WRITTEN REQUEST FOR A WAIVER, OR YOUR WRITTEN REQUEST OF COMPLIANCE, YES, WE DO HAVE CAMERAS, WE DO HAVE A HIGH FENCE, WE DO HAVE LOCKED GATES.
WHATEVER IT IS THAT YOUR PARTICULAR FACILITY MIGHT HAVE.
MUCH OF THE TIME THE STATE WITH OKLAHOMA BUREAU OF NARCOTICS AUTOMATICALLY APPROVES THAT AFTER SOME REVIEW.
THERE IS A PORTION OF THEIR RULES, THOUGH, THAT WOULD ALLOW THEM TO COME AND INSPECT YOUR SITE JUST TO MAKE SURE YOU ARE TELLING THEM THE TRUTH.
>> I REALLY THINK THAT HAVING LEGAL GUIDANCE IN THIS INDUSTRY IS CRITICAL AND IS ESSENTIAL TO THE LONGEVITY OF YOUR BUSINESS, AND ALSO THE SUCCESS OF YOUR BUSINESS.
THERE ARE SO MANY DIFFERENT FRAGMENTED ASPECTS OF THE OMMA, THERE ARE A LOT OF GRAY AREAS, SO YOU KNOW, IT IS THE LAW, AND IT IS INTERPRETED DIFFERENTLY BY EVERYONE, AND IF YOU CAN HAVE SOMEBODY THERE WHO SPECIALIZES IN THE LAW AND BE THERE FOR YOU TO HELP YOU BACKBONE AND GUIDE YOU IN THE RIGHT DIRECTION, I THINK THAT IS ABSOLUTELY THE WAY TO GO.
>> THE ROADBLOCKS THAT SHE WOULD HAVE HAD I THINK WOULD HAVE OCCURRED IF SHE HADN'T USE AN ATTORNEY TO DO WHAT SHE WAS DOING.
THERE WERE ENOUGH TIMES IN THE PROCESS THAT SHE CALLED FOR ADVICE AND MY ASSISTANCE AND GETTING THINGS DONE.
SHE HAD NO ROADBLOCKS.
BUT FROM TIME TO TIME HOW DO I ANSWER THIS, WHAT IS IT THAT THEY ARE WANTING, DO I NEED TO COMPLY WITH THIS, OR AM I A MANUFACTURER FOR THAT.
THERE WERE A LOT OF QUESTIONS THAT CAME UP THAT I KNEW THE ANSWER TO AND WAS ABLE TO ASSIST HER WITH.
>> I SOME THANKFUL FOR DOUG'S INVOLVEMENT IN THIS PROCESS.
IF I DIDN'T HAVE HIS GUIDANCE OR HIS ASSISTANCE THAT THIS PROCESS WOULD HAVE BEEN MUCH MORE DIFFICULT AND WOULD HAVE TAKEN A LOT LONGER.
IT'S REALLY NICE TO KNOW THAT, YOU KNOW, I CAN TRUST HIM AND GO TO HIM IN CONFIDENCE AND KNOW THAT HE HAS MY BACK.
>> WHILE MEDICAL MARIJUANA ISSUES ARE NOT THE MOST COMMON ISSUES FOR MOST LAWYERS, THIS IS AN EXAMPLE OF THE VARIETY OF ASSISTANCE THAT LAWYERS IN SMALL TOWNS ACROSS THE STATE PROVIDE TO THEIR CLIENTS ON A DAILY BASIS.
AS ASK A LAWYER CONTINUES, REMEMBER ATTORNEYS ARE ANSWERING QUESTIONS FOR FREE.
EMAIL YOUR QUESTION TO AskALawyer@okbar.org.
VOLUNTEER LAWYERS WHO PARTICIPATE IN ASK A LAWYER FIND THEY OFTEN ENCOUNTER SIMILAR QUESTIONS FROM DIFFERENT CALLERS.
HERE IS SOME PRACTICAL LEGAL ADVICE PERTAINING TO A COMMON TOPIC, RESIDENTIAL LANDLORD AND DID HE -- TENANTS.
>> WHEN YOU MOVE INTO THE NEW PLACE, THE ROOF, THE HEAT, THE AIR, ALL NEEDS TO, WOULD, INCLUDING THE APPLIANCES.
IF THEY DON'T WORK ASK FOR YOUR MONEY BACK AND GO SOMEWHERE ELSE.
WHAT HAPPENS WHEN THINGS BREAK WHILE LIVING THERE?
WRITE IT DOWN AND GIVE IT TO THE LANDLORD AND ASK HIM TO REPAIR IT.
LANDLORDS ARE RESPONSIBLE FOR KEEPING EVERYTHING IN THE UNIT IN WORKING ORDER.
IF THE LANDLORD REFUSES TO FIX IT YOUR RIGHTS VARY, DEPENDING ON WHAT WAS BROKEN.
YOU MAY NEED TO CONTACT AN ATTORNEY.
IN OKLAHOMA, PENALTIES ARE NOT ENFORCEABLE AND IF THE LANDLORD HAS IN THE LEASE THE KIDS PLAYING THE GRASS WILL COST YOU $50, IT'S NOT ENFORCEABLE.
IF THEY ARE ADDED RENT, IT'S NOT ACTUALLY RENT.
THE PART THAT THE LANDLORD WILL NOT LIKE IS THAT LATE FEES THAT ARE TOO HIGH ARE A PENALTY.
WHEN YOU GO TO COURT, YOU CAN DEMAND THAT LANDLORD PRODUCE AN ACCOUNTING THAT SHOWS EVERYTHING YOU'VE BEEN CHARGED AND EVERYTHING YOU'VE PAID.
IF THOSE FEES SEEM REALLY HIGH, TELL THE COURT THESE FEES ARE TOO HIGH.
THESE FEES ARE A PENALTY.
AND PENALTIES ARE NOT ALLOWED.
>> MILITARY SERVICE IS HONORABLE AND NECESSARY.
BUT MEMBERS OF THE MILITARY OFTEN HAVE LEGAL QUESTIONS THEY NEED ANSWERED ABOUT A WIDE RANGE OF TOPICS.
NEXT WE ARE GOING TO HEAR FROM A SERVICEMEMBER WHO WORKED WITH LEGAL AID SERVICES OF OKLAHOMA TO DRAFT A WILL TO PROTECT HER YOUNG SON.
LET'S TAKE A LOOK.
>> MELISSA CAME TO ME AT THE V.A.
HOSPITAL, WORRIED ABOUT SEVERAL ISSUES.
AN AIR FORCE VETERAN, SEVERAL YEARS IN THE AIR FORCE, NOW A SINGLE MOTHER, SHE HAS A SON, A TODDLER NOW.
AND ABSENT FATHER WHO HAD LEFT THE STATE SO SHE HAD QUESTIONS ABOUT CUSTODY AND VISITATION, AND CHILD SUPPORT.
BUT HER MAIN CONCERN WAS TO MAKE ARRANGEMENTS IN CASE ANYTHING WERE TO HAPPEN TO HER, ANYTHING WERE TO HAPPEN TO HER REGARDING HER SON, FOR HIM TO HAVE A GUARDIAN, TO MAKE PROVISIONS FOR HER SON.
>> I TALKED TO MY BROTHER AND HIS WIFE, AND I TOLD THEM LIKE IF ANYTHING WERE TO HAPPEN TO ME, WOULD THEY BE WILLING TO TAKE CARE OF ANTHONY.
AND THEY SAID OF COURSE.
SO, I WENT TO ESTATE PLANNING, WITH TIFFANI, AND SHE TOLD ME SHE COULD HELP ME OUT.
SHE'S A VERY GOOD EXAMPLE OF A VETERAN WHO DID AN IMPRESSIVE AMOUNT OF TIME, WAS DEPLOYED TO AFGHANISTAN AND IRAQ, AND IS NOW BACK HERE IN OKLAHOMA.
SHE'S GOING TO SCHOOL TO BE A PHYSICAL THERAPIST.
SHE'S WORKING IN A PHYSICAL THERAPY OFFICE AND RAISING HER SON WITH THE HELP OF SOME FAMILY MEMBERS.
>> SHE JUST HAD A FEW QUESTIONS FOR ME AND LIKE THE WHOLE SITUATION THAT WAS GOING ON AND JUST FILL THE WILL OUT AND HAVE YOU READ IT AND IF YOU AGREE WITH IT YOU CAN SIGN IT AND HAVE HER EDIT IT.
WHAT YOU DON'T WANT OR SOMETHING MISSING, THEN AFTER THAT IS ALL DONE SHE'LL GET THE PEOPLE THAT ARE WITNESSES AND GET IT NOTARIZED, EVERYTHING LEGALIZED.
>> WE MET SEVERAL TIMES IN MY OFFICE.
WE WENT OVER HER OPTIONS FOR ESTATE PLANNING.
ADVANCED DIRECTIVES, DIFFERENT TYPES OF POWERS OF ATTORNEY, EITHER REGARDING HEALTHCARE OR YOUR FINANCES OR BOTH, AND THEN A WILL WHICH WOULD BE THE BEST WAY FOR HER TO STATE HER WISHES FOR A GUARDIANSHIP REGARDING HER SON IF ANYTHING WERE TO HAPPEN TO HER.
>> I'VE DONE ESTATE PLANNING FOR, I DID IT WHEN I WAS IN THE MILITARY, SOMETHING THAT THEY MAKE YOU DO WHILE YOU ARE ABOUT TO DEPLOY SO YOU CAN MAKE SURE EVERYTHING IS SET UP FOR YOUR FAMILY IF SOMETHING WERE TO HAPPEN TO YOU WHILE YOU ARE OVERSEAS.
>> THOSE WEREN'T HER ROADBLOCKS BECAUSE SHE WAS HERE.
IN AN ESTATE PLANNING CASE YOU REVOKE ANYTHING THAT'S DONE PREVIOUSLY.
YOU REVOKE THE PRIOR DOCUMENTS.
>> I WAS NOT NERVOUS ABOUT WORKING WITH AN ATTORNEY FOR MY ESTATE PLANNING, BECAUSE IT WAS ON MY MIND THAT I FELT LIKE I NEEDED TO DO SO MY SON COULD BE TAKEN CARE OF.
>> WE WERE ABLE TO CARRY OUT HER WISHES FOR HER SON, GUARDIANSHIP IN THE WILL WHICH IS HOW YOU DO THAT IN THOSE PARTICULAR CASES.
THE REASONS FOR NAMING A FAMILY MEMBER THAT IS NOT A BIOLOGICAL PARENT TO STATE YOUR WISHES IN CASE SOMETHING HAPPENED TO YOU SO THE COURT CAN TAKE THAT INTO ACCOUNT IF IT WAS EVER TO BE LITIGATED IN THE FUTURE AFTER ONE PASSED.
THERE'S A COMMONALITY BETWEEN A LOT OF VETERANS CASES.
I CAN HELP THEM WITH DIFFERENT ISSUES, FOR INSTANCE IN MELISSA'S CASE, I GOT TO ADVISE HER ON SOME ISSUES OTHER THAN THE ESTATE PLANNING.
I WAS ABLE TO EXECUTE ALL OF HER ESTATE DOCUMENTS FROM ADVANCED DIRECTIVE TO HER WILL.
AND THEN NOW WE HAVE DISCUSSED HER VETERANS BENEFITS, WHICH IS ANOTHER THING THAT I CAN DO FOR VETERANS IS HELP THEM WITH THEIR VETERANS BENEFITS.
I'M ACCREDITED WITH THE DEPARTMENT OF VETERANS AFFAIRS.
>> I KNOW FOR VETERANS, LEGAL AGE, DEGREE OF SERVICE, AND IT'S BENEFICIAL WHEN YOU DON'T HAVE THE MONEY TO GO TO A REGULAR LAWYER, YOU KNOW, THEY ARE THERE TO HELP YOU AND IT'S A REALLY GOOD SERVICE.
>> OTHER AREAS WE CAN HELP VETERANS ARE WITH THEIR BENEFITS.
SERVICE CONNECTED DISABILITY BENEFITS.
TYPICALLY THEY MAY ALREADY HAVE SOME BENEFITS.
WE USUALLY GET INVOLVED WITH THE APPEALS PROCESS BECAUSE IT'S A LITTLE MORE COMPLICATED THAN JUST INITIAL BENEFITS.
THERE ARE A LOT OF INDIVIDUAL SERVICES ORGANIZATIONS THAT HELP THE VETERANS WITH INITIAL APPLICATION FOR BENEFITS, WHICH IS CALLED INTENT TO FILE A CLAIM AND THEY FILE THE CLAIM FOR THEM.
ESTATE PLANNING CONJURES UP THOUGHTS WHAT TO DO WITH YOUR STUFF WHEN YOU DIE.
ESTATE PLANNING INCLUDES DECISIONS THAT YOU CAN MAKE FOR YOURSELF FOR WHAT HAPPENS AT THE END OF YOUR LIFE, WHILE YOU ARE ALIVE, AND THEN AFTER YOU PASS AS FAR AS YOUR PERSONAL OR REAL PROPERTY.
ESTATE PLANNING IS IMPORTANT SO THAT YOU GET TO MAKE THOSE DECISIONS ABOUT END OF LIFE.
YOU MAKE THOSE DECISIONS WHEN YOU GET TO MAKE THOSE DECISIONS FOR YOURSELF.
TWO, YOUR LOVED ONES DO NOT HAVE TO MAKE THOSE DECISIONS FOR YOU BECAUSE YOUR DECISIONS ARE EXECUTED IN THE DOCUMENTS.
EXECUTING THE DOCUMENTS WILL HOPEFULLY AID IN HAVING THOSE DISCUSSIONS WITH YOUR LOVED ONES ABOUT YOUR SPECIFIC WISHES AND THE WISHES OUTLINED IN THE DOCUMENTS.
IT'S JUST PRACTICAL TO HAVE IT IN THE DOCUMENT WHEN THEY ARE INCAPACITATED AND DIE.
MOST LIKELY WHAT WOULD HAVE HAPPEN TO HER SON IN HER CASE IF SHE DID NOT MAKE PROVISIONS FOR CARE AND UPBRINGING, HE MIGHT BE REUNITED WITH SOMEONE HE DID NOT KNOW, WITH A FATHER THAT HE HAD NO RELATIONSHIP WITH, HAD NEVER SEEN, BUT INSTEAD MELISSA WAS ABLE TO DESIGNATE WHO SHE WOULD WANT TO CARE FOR HIM IS SOMETHING WERE TO HAPPEN FOR HER AND THESE ARE PEOPLE THAT ALREADY HELP HER AND HAVE SINCE THE BIRTH OF HER CHILD, THAT HE'S FAMILIAR WITH, THAT ARE SURROUNDING HIM ON A DAILY BASIS WHILE SHE TRIES TO IMPROVE THEIR LIFE.
WHEN I OPEN A CASE, ESTATE PLANNING CASE WITH A CLIENT, I TAKE ACTION AS THEIR ATTORNEY IN THE HOPES THAT THEY ARE GOING TO PUT A GREAT DEAL OF EFFORT IN THE PLANNING.
I PROVIDE THEM WITH READING, I ASSESS THEIR ESTATE, AND THEIR BELONGINGS, THEIR PROPERTY, WHAT'S IMPORTANT TO THEM.
I HAVE A QUESTIONNAIRE THAT I HOPE THEY FINISH AND IF THEY PREFER WE CAN JUST DISCUSS THAT.
EVEN BEFORE I OVERWHELM THEM WITH THE QUESTIONNAIRE, I LIKE TO JUST TALK TO THEM.
WHAT IS IT YOU ARE CONCERNED ABOUT, WHAT IS IMPORTANT TO YOU, WHO IS IMPORTANT TO YOU.
>> WORKING WITH TIFFANI WAS REALLY GOOD EXPERIENCE.
SHE UNDERSTOOD WHERE I WAS COMING FROM.
SHE JUST KNOWS LIKE A MOM, YOU JUST WANT TO BE, YOU WANT TO TAKE CARE OF YOUR KIDS AND MAKING SURE THAT EVERYTHING WAS DONE RIGHT AND I JUST WANTED TO THANK TIFFANI AND LEGAL AID SERVICES FOR HELPING ME OUT WITH THAT, FILLING OUT MY ESTATE PLANNING AND ALL THE PAPERWORK THAT'S NEEDED TO BE DONE.
IT IS A HUGE WEIGHT LIFTED OFF MY SHOULDERS.
>> WHILE A WILL WAS A GOOD SOLUTION FOR MELISSA'S SITUATION, THERE ARE OTHER WAYS ATTORNEYS CAN HELP CLIENTS ADDRESS THEIR ESTATE PLANNING NEEDS.
NEXT WE'LL HEAR FROM TWO OKLAHOMANS ABOUT HOW THEY WORKED WITH A LAWYER TO MAKE SURE THEY COULD KEEP THE FAMILY BUSINESS.
>> THE FIRST TIME I CAME DONNA'S OFFICE PROBABLY 20 SOME YEARS AGO AND MY DAD AND MOM HAD A FAIRLY DECENT ESTATE.
MY DAD STARTED THIS STEEL COMPANY WHEN I WAS IN HIGH SCHOOL.
AND HIS PROCESS OF TRYING TO GET OUT OF THE BUSINESS BECAUSE HE WAS SICK, WE WANTED TO SAVE IT AND WE KNEW WE COULD KEEP IT IN THE FAMILY, WHICH IS WHAT DADDY WANTED AND WHAT WE WANTED.
>> PART OF MY JOB IS TO BRING PEACE TO THE CLIENT AND THE FAMILY AND I LIKE THE WORD EMPOWERMENT.
BECAUSE A LOT OF THINGS THAT WE DO, ESPECIALLY IN MEDICAID PLANNING OR V.A.
PLANNING KIND OF TAKES CONTROL OUT OF THE CLIENT'S HANDS AND I THINK IT'S IMPORTANT TO DO ESTATE PLANNING WHERE THE CLIENT MAINTAINS CONTROL AS LONG AS POSSIBLE BECAUSE WE LOSE CONTROL OVER OUR BODIES AND OUR MINDS MORE AND MORE EVERY DAY.
AND SO A LOT OF MY CLIENTS, BECAUSE THEY GREW UP DURING THE DEPRESSION, THEY LIKE IT, PEACE OF MIND TO THE CLIENT AND CONTROL.
>> DADDY WANTED TO RETIRE, HE COULD NOT BECAUSE THERE WAS A PARTNERSHIP BETWEEN HIMSELF AND ANOTHER PERSON.
WE RAN INTO LEGAL ISSUES THERE, AND DONNA SET UP MOM AND DAD'S ESTATE IN A TRUST WHICH SAVED US A LOT OF MONEY, AND THEN OUR PERSONAL ESTATE AND SEVERAL OF MY FAMILY MEMBERS HAVE HAD TRUSTS.
>> A TRUST IS REALLY, KIND OF LIKE A CONTRACT BUT NOT.
BECAUSE ONCE A TRUST IS SET UP, IT'S CONSIDERED A SEPARATE LEGAL PERSON IN THE EYES UNDER COMMON LAW AND UNDER THE STATUTE.
AND THERE'S THREE PARTIES TO A TRUST.
A PERSON THAT ESTABLISHES IT, WHICH I CALL SELLOR, BUT IT COULD BE GRANTOR, TRUST MAKER, ALL IT MEANS IS YOU OWN THE TRUST.
AND THEN THERE'S A PERSON THAT MANAGES THE TRUST, THEY ARE NOT CALLED PRESIDENT, LIKE YOU WOULD IF YOU SET UP A CORPORATION, BUT CALLED TRUSTEES.
AND IT'S IMPORTANT MY CLIENTS START OUT AS THE ORIGINAL TRUSTEES, AND THEN WE HAVE PEOPLE THAT WILL TAKE OVER WHEN THEY BECOME INCAPACITATED OR PASS AWAY, AND LIKE YOU HAD TO NAME A NEW PRESIDENT OF A CORPORATION, YOU WOULD HAVE, YOU KNOW, HAVE A MEETING AND THE SHAREHOLDERS WOULD VOTE ON APPOINTING A NEW PRESIDENT.
BUT IN THE DOCUMENT ITSELF IT NAMES WHO THE SUCCESSOR TRUSTEES ARE, AND THE BENEFICIARY, THE THIRD PARTY OF THE TRUST, THE ONE THAT GETS TO ENJOY THE MONEY CAN NAME ANOTHER TRUSTEE.
THE LAST THING I WANT TO DO IS GO TO COURT TO NAME A TRUSTEE.
>> WE DECIDED, MY WIFE AND I, WHEN WE LOST OUR PARENTS, WE ALREADY KNEW THAT WE STARTED ACCUMULATING ASSETS AND WE ACCUMULATED MORE AND MORE AND DIDN'T TAKE THEIR ASSETS AND SPEND THEM, WE MADE, CREATED MORE ASSETS WITH IT.
SO WE HAVE DONE THE SAME THING TO TRY TO PROTECT THE ESTATE WHERE WE CAN PASS IT ON TO OUR CHILDREN AND GRANDCHILDREN.
>> I DIDN'T REALIZE HOW IMPORTANT IT WAS TO SET UP AN ESTATE.
IF YOU WANT TO PASS IT ON TO YOUR CHILDREN.
AND WE WANTED TO KEEP DADDY'S STEEL COMPANY BECAUSE OUR YOUNGEST SON IS AN ENGINEER AND HE WORKS THERE SO IT WAS IMPORTANT FOR US TO KEEP EVERYTHING THAT WE HAD.
>> WE STARTED WORKING ON IT BEFORE I ACTUALLY MET DONNA BUT AFTER HER FOLKS, WHEN WE DECIDED TO SET UP THE TRUST FOR AND JUST TO PROTECT EVERYTHING AND IT'S JUST SILLY TO PAY PROBATE COST AND SET IT UP RIGHT, YOU DON'T HAVE TO PAY A LOT OF ESTATE TAX.
>> MOST PEOPLE DON'T WANT TO HAVE TO GO TO COURT OR PROBATE WHEN THEY PASS AWAY.
AND SO SOMEBODY CAN DIE, A WHOLE BUNCH OF ASSETS OR VERY FEW ASSETS AND NOT HAVE MADE ANY PLANNING, NO WILL OR ANYTHING, AND THAT'S CALLED INTESTATE, WITHOUT A WILL.
AND THE STATE HAS A STATUTE THAT EXPLAINS WHO GETS WHAT WHEN SOMEBODY DIES WITHOUT A WILL.
FIRST OF ALL, YOU HAVE TO GO TO COURT AND NAME A PERSONAL REPRESENTATIVE AND WHOEVER FILES FIRST IS USUALLY THE ONE NAMED, AND IT MAY NOT BE THE ONE YOU WOULD WANT TO BE IN CHARGE OF YOUR ESTATE AND YOU ARE PROBABLY ROLLING OVER IN YOUR GRAVE.
>> THE THING THAT MAKES THE TRUST MOST ATTRACTIVE TO ME AND HOW DONNA EXPLAINED IT, YOU PUT ALL OF YOUR ASSETS INTO IT SO YOU REALLY KNOW WHAT YOU HAVE AND IF EVERYTHING IS TITLED RIGHT, YOU DON'T HAVE TO GO THROUGH PROBATE.
IT MAKES IT SO MUCH SIMPLER UPON THE DEATH OF A LOVED ONE.
>> THE WILL, SO YOU DON'T HAVE TO USE THE INTESTATE STATUTES TO DECIDE WHERE THE PROPERTY GOES.
IN THE WILL, WHO IS THE PERSONAL REPRESENTATIVE, WHO IS IN CHARGE AND WHERE THE ASSETS GO.
THE TROUBLE WITH THE WILL IS PEOPLE COME IN AND SAY I HAVE A WILL, THAT MEANS I DON'T HAVE TO GO TO COURT.
ALL A WILL IS IS INSTRUCTIONS TO THE COURT, INSTANT TICKET TO PROBATE COURT.
IT DOES NOT KEEP YOU OUT OF PROBATE COURT, INVITES YOU INTO PROBATE COURT.
SO AVOID PROBATE, YOU NEED A TRUST AND GOOD ESTATE PLANNER TO GO OVER YOUR OPTIONS THERE.
>> THE END OF LIFE, ESPECIALLY IF THERE IS ILLNESS IS QUITE DIFFICULT TO DEAL WITH AND YOU HAVE TO KNOW SORT OF WHAT THEY WANT AND IF THEY PUT THAT INFORMATION IN A TRUST THAT MAKES IT EASY TO HANDLE THEIR FINANCES BECAUSE THEY MIGHT LINGER, MY MOTHER WAS A STROKE VICTIM FOR SIX YEARS.
AND MY DAD HAD PASSED AWAY, SO YOU HAD TO HANDLE ALL HER FINANCES AND EVERYTHING AND IF YOU DON'T HAVE THE MEANS TO DO THIS, IT'S QUITE DIFFICULT.
AND LIKE IT'S EMOTIONAL, YOU ARE LOSING YOUR MOM, AND THEN YOU STILL HAVE TO PAY THE BILLS AND DO EVERYTHING AND MAKE SURE THAT YOU DO EVERYTHING RIGHT.
>> A TRUST KEEPS IT OUT OF PROBATE COURT BECAUSE ONCE THE CLIENT, THE SETTLER, OWNER OF THE TRUST FINDS IT, THE TRUST BECOMES A SEPARATE LEGAL PURPOSE IN THE EYES OF A LAW LIKE A CORPORATION, AND IT DOES NOT PASS AWAY OR BECOME INCAPACITATED WHEN YOU DO.
BECAUSE WE GOT SUCCESSOR PEOPLE NAMED TO TAKE OVER.
AND THE MOST IMPORTANT PART FOR THE TRUST TO WORK, IS THAT YOUR ASSET HAVE TO BE RETILED TO THE TRUST NAME, NOT STAY IN YOUR NAME, AND SO THAT'S THE REASON I THINK REVIEWS ARE VERY IMPORTANT BECAUSE A LOT OF MY CLIENTS AS THEY GET OLDER, THEY ARE BACK RENEWING A C.D.
IN THEIR OWN NAME AND NOT IN THE TRUST NAME.
THEY ARE BUYING A HOUSE OR A FARM IN THEIR OWN NAME, AND NOT IN THE TRUST NAME.
SO I NEED TO MAKE SURE THAT EVERYTHING IS PROPERLY TITLED AFTER THEY LEAVE MY OFFICE.
>> IT'S A NEVER-ENDING PLANNING.
IT DOES NOT STOP, YOU CAN'T JUST DO IT ONE DAY AND SAY HEY, WE HAVE IT FIXED.
THINGS CHANGE, LAWS CHANGE, SO YOU HAVE TO KEEP WORKING ON IT.
>> I WANT TO BE ABLE TO GIVE MY CHILDREN WHAT WE HAVE ACCUMULATED.
WE HAVE WORKED HARD FOR, WHY WE ARE STILL WORKING IS BECAUSE WE WANT TO HAVE THIS STUFF FOR OUR CHILDREN.
I DON'T WANT SOMEONE ELSE TO HAVE IT.
YEAH, AND THAT'S JUST THE WAY MY PARENTS WERE, TOO.
THEY WORKED HARD FOR IT AND IT WAS THEIRS UNTIL THEIR PASSING AND THEN THEY PASSED IT ON TO US AND I KNOW THAT'S WHAT THEY WANTED FOR US TO KEEP IT FOR THESE GRANDCHILDREN, THEIR GRANDCHILDREN.
>> I REMEMBER THE TAXES MY DAD HAD TO PAY AND THE PROBATE COST TO SETTLE THE ESTATE, IT WAS NOT A LOT IN TODAY'S MONEY BUT IT WAS THEN AND THROWN OUT THE WINDOW.
SET UP THE TRUST, MADE IT SO SIMPLE.
>> MOST PEOPLE DON'T THINK PAR FAR ENOUGH AHEAD, THE WHAT IF GAME.
WHAT IF YOU AND ALL YOUR KIDS AND GRANDKIDS WERE ON THE SAME CRUISE SHIP AND YOU DID NOT COME BACK.
WHO DO YOU WANT TO LEAVE IT TO?
DO YOU WANT TO LEAVE IT TO YOUR "RELATIVES" OR DO YOU WANT TO LEAVE IT TO CHARITY OR FRIENDS?
AND MOST PEOPLE DON'T THINK AHEAD.
IF YOU DON'T THINK AHEAD, IT'S GOING BACK TO WHAT THEY CALL HEIRS OF LAW AND IF YOU DON'T HAVE THAT, IT WILL GO TO STATE OF OKLAHOMA FOR COMMON SCHOOL.
BETTER TO PLAN AHEAD AND HAVE CONTROL OVER WHAT YOU ARE DOING WITH YOUR ESTATE AND YOUR LIFE.
>> AS WE CONTINUE "ASK A LAWYER," WE HAVE MORE ADVICE FROM ATTORNEYS ABOUT HOW TO MAKE YOUR ESTATE PLAN MORE EFFECTIVE FOR YOUR UNIQUE SITUATION.
IF YOU ARE LOOKING TO PUT TOGETHER AN ESTATE PLAN, MAKE SURE WHEN YOU SPEAK TO AN ATTORNEY THEY ARE TAILORING THE PLAN TO YOUR NEEDS.
KNOW THERE ARE MANY AVENUES TO DO THIS.
SOME FAMILIES NEED TRUST, SOME FAMILIES PUT TOGETHER L.L.C., OTHER FAMILIES JUST NEED A WILL.
THE PLAN THAT YOUR MOTHER OR YOUR SISTER OR YOUR BROTHER HAS MAY NOT BE RIGHT FOR YOU AND YOUR FAMILY.
MAKE SURE YOU AND YOUR PROVIDER ARE WORKING TOGETHER TO HAVE THE PLANS THAT FITS THE NEEDS OF YOU AND YOUR FAMILY.
IF YOU HAVE YOUR ESTATE PLAN IN PLACE, MAKE SURE YOUR FAMILY KNOWS THAT YOU HAVE A PLAN AND MAKE SURE THAT THE PEOPLE YOU HAVE EMPOWERED HAVE ACCESS TO THOSE ORIGINAL DOCUMENTS THAT YOU SIGNED.
OFTEN TIMES THE ORIGINALS ARE REQUIRED IN ORDER FOR THE PEOPLE YOU HAVE EMPOWERED TO EXERCISE THAT POWER.
MAKE SURE THEY KNOW HOW TO GET THOSE ORIGINAL DOCUMENTS.
>> WE ARE FORTUNATE TO HAVE THREE OUTSTANDING LAW SCHOOLS HERE IN OKLAHOMA.
EACH OF WHICH HAVE CLINICAL PROGRAMS AIMED AT ASSISTING THEIR COMMUNITY.
OUR NEXT STORY EXPLAINS HOW THE CLINICS AT THE UNIVERSITY OF TULSA LAW SCHOOL ASSIST REAL PEOPLE WITH REAL PROBLEMS.
TERESIA IS A NATIVE OF KENYA.
WITH THE HELP OF THE IMMIGRANT RIGHTS PROJECT AT T.U., SHE SAW HER DREAMS BECOME A REALITY.
>> I'M MIMI MARTON, ASSOCIATE DEAN OF LEARNING HERE AT T.U.
COLLEGE OF LAW, AND I CO-TEACH TWO OF THE CLINICS AS WELL.
THE IMMIGRANT RIGHTS PROJECT AND THE SOLO PRACTICE CLINIC.
THE TWO CLINICS ARE PART OF A LARGER PROGRAM HERE AT THE UNIVERSITY WHERE STUDENTS GET THE OPPORTUNITY TO REALLY REPRESENT REAL CLIENTS WITH REAL LEGAL PROBLEMS.
THEIR CHANCE TO DEVELOP SKILLS, LEARN WHAT SKILLS YOU NEED TO BE A LAWYER, INTERVIEWING CLIENTS, UNDERSTANDING ALL THE DIFFERENT PLACES AND PERSPECTIVES THE CLIENT MAY COME FROM.
>> MY NAME IS RONI AMIT, DIRECTOR OF THE TERRY WEST CIVIL LEGAL CLINIC.
THE LAW SCHOOL RECEIVED A GRANT TO SET UP A CLINIC TO RESPOND TO THE CIVIL LEGAL NEEDS OF THE TULSA COMMUNITY AND THIS IS THE FIRST SEMESTER THAT THE CLINIC IS RUNNING.
>> THE CLINIC IS LOOKING AT WHERE WE CAN INTERVENE AND BE THE MOST EFFECTIVE.
ONE OF THE THINGS IS GOING TO EVICTION COURT AND TRYING TO UNDERSTAND WHERE THE GAPS IN ACCESS TO JUSTICE ARE AND WHERE WE CAN INTERVENE, SO THERE ARE VOLUNTEER LAWYERS THAT GO THERE TO REPRESENT PEOPLE BUT THERE ARE A LOT OF PEOPLE FOR WHATEVER REASON DON'T TAKE ADVANTAGE OF THE LAWYERS AND THEY DECIDE TO NEGOTIATE THEMSELVES WITH THE LANDLORD AND THEY DON'T UNDERSTAND THE PROCESS.
>> CLINICS DO A COUPLE THINGS.
ONE, INDIVIDUAL REPRESENTATION, SO WE REPRESENT PEOPLE SEEKING AUTHORITY TO STAY IN THE UNITED STATES.
OR SEEKING AUTHORITY TO COME INTO THE UNITED STATES.
WE DO A LOT OF LOCAL EDUCATION AS WELL, SO EVENTS WHERE WE TALK ABOUT IMMIGRATION RIGHTS AND PROCESS AND RESPONSIBILITY.
THE SOLO PRACTICE CLINIC DOES THE SAME KIND OF CLIENT WORK AND ADVOCACY, AND AN ADDED PIECE WHERE THE STUDENTS LEARN HOW TO MANAGE A LAW FIRM PRACTICE, SO THE BUSINESS SIDE, WHICH IS REALLY A UNIQUE PROGRAM AND PRETTY RARE IN THIS COUNTRY FOR A LAW STUDENT TO UNDERSTAND A FIRM IS A BUSINESS.
A MARKETING PLAN, A BUDGET, THEY HAVE TO LEARN ABOUT PROJECTIONS, AND HOW TO FIND CLIENTS AND HOW TO TARGET A POPULATION AND GAIN THAT POPULATION'S TRUST, SO THEY, THE CLIENT AS WELL AS THE BUSINESS END OF THE LAW FIRM.
PART OF WHAT WE ARE TRYING TO DO IS FIGURE OUT WAYS TO GIVE PEOPLE A BETTER UNDERSTANDING OF THAT PROCESS, EVEN IF THEY ARE NOT GETTING LEGAL REPRESENTATION.
AND THEN WE ALSO ARE WORKING WITH A JUDGE ON THE COST DOCKET AND REALLY TRYING TO IMPLEMENT THIS MORE HOLISTIC APPROACH TO LAWYERING.
THE COST DOCKET IS BASICALLY ANY TIME YOU HAVE ANY SORT OF CRIMINAL PROCEEDING OR CRIMINAL INVOLVEMENT, THAT GENERATES COURT FINES AND FEES AND PEOPLE ARE VERY FOCUSSED, OBVIOUSLY, ON THEIR CRIMINAL CASE AND THEY DON'T EVEN, IN MANY CASES, REALIZE THAT THEY OWE ALL THIS MONEY AND THEY MAY SERVE JAIL TIME OR THEY MAY TAKE A PLEA DEAL AND SUDDENLY A WARRANT GETS ISSUED FOR THEIR ARREST BECAUSE THEY OWE ALL OF THIS MONEY.
AND EVERY TIME A WARRANT GETS ISSUED, THAT GENERATES MORE COSTS AND FINES AND FEES THAT THEY HAVE TO PAY.
PEOPLE WHO APPEAR ON THE COST DOCKET HAVE A LOT OF OTHER ISSUES GOING ON IN THEIR LIVES, AND MAY HAVE A LOT OF OTHER LEGAL ISSUES IN THEIR LIVES THAT MAKE THEM UNABLE TO FOCUS ON THE COST DOCKET.
PART IS ENSURING EACH GENERATION OF LAWYERS UNDERSTANDS EARLY ON IN LAW SCHOOL WHAT IT MEANS TO BE A LAWYER, WHAT YOUR RESPONSIBILITIES ARE, WHAT YOUR RESPONSIBILITIES ARE NOT, AND WHAT ROLE YOU CAN PLAY, WHAT ROLE YOU CAN'T PLAY, BUT ALSO LEARNING THINGS LIKE INTERVIEWING CLIENTS AND GATHERING FACTS AND STRATEGIZING AND UNDERSTANDING, A BIG PIECE OF WHAT WE TEACH HERE IS UNDERSTANDING HOW NONLEGAL ISSUES CAN HAVE AN IMPACT ON YOUR LEGAL CASE.
AND FOR OUR CLIENTS, IT'S NOT UNUSUAL BY THE TIME SOMEONE SEEKS A LAWYER THEY ARE IN CRISIS OR SUFFERED SOME KIND OF TRAUMA.
SO WE SPECIFICALLY TEACH OUR STUDENTS ABOUT HOW YOU INTERVIEW SOMEONE IN CRISIS, INTERVIEW A TRAUMA SURVIVOR.
>> WE GET THEIR GENERAL INFORMATION, WE TELL THEM IF THEY WANT TO WORK WITH US, YOU KNOW, WE ARE HAPPY TO HELP THEM.
WE DO FOLLOW UP CALLS AND THEY COME IN AND WE DO EXTENSIVE INTERVIEWS TO REALLY UNDERSTAND EVERYTHING THAT'S GOING ON WITH THEIR LIVES AND TRY AND GET A SENSE OF WHAT THEIR GOALS ARE AND HOW THEY UNDERSTAND THEIR SITUATION.
VERY OFTEN PEOPLE DON'T UNDERSTAND.
>> TERESIA CAME TO US FROM CATHOLIC CHARITIES AND SHE WAS A SURVIVOR OF DOMESTIC VIOLENCE.
THE CLINIC SERVES A LOT OF PEOPLE IN TERESIA'S SHOES, WE HAVE A LOT OF PEOPLE WHO ARE SURVIVORS OF SOME FORM OF FAMILY VIOLENCE OR TRAFFICKING OR TORTURE IN THEIR HOME COUNTRIES, PART OF WHAT OUR SPECIALTY IS THIS ORGANIZATION.
>> CAMBODIA, VISITED CAMBODIA, HOW WE MET AND STARTED TALKING.
HE CAME BACK TO THE U.S.
AND WE WOULD EMAIL BACK AND FORTH.
WHEN I WAS THERE I GOT AN INTEREST TO COME AND STUDY ENGLISH TO COME TO THE UNITED STATES I LIVED IN CAMBODIA FIRST, SO I CAME FROM KENYA, WENT TO WORK IN CAMBODIA, AND THEN FROM CAMBODIA I CAME TO THE U.S.
I CAME TO THE UNIVERSITY OF HOUSTON DOWNTOWN AND WENT ON WITH MY STUDIES AND WE CONTINUED TALKING AND AT SOME POINT HE ASKED ME TO JOIN HIM WHERE I TOLD HIM THAT I WANTED TO FINISH MY SCHOOL FIRST.
AFTER ABOUT TWO SEMESTERS HE INVITED ME TO VISIT HIM IN ARIZONA, AND PAID MY TICKET, AND I WENT THERE, AND THAT'S WHEN HE PROPOSED AND ASSURED ME THAT I WOULD STILL CONTINUE WITH MY STUDIES.
AND THAT'S HOW THINGS HAPPENED.
>> AS IN TERESIA'S CASE WHEN YOU ARE MARRIED TO SOMEONE A U.S.
CITIZEN OR LEGAL PERMANENT RESIDENT, THE NORMAL PROCESS WOULD BE FOR THAT SPOUSE TO APPLY FOR YOU TO GET YOU STATUS.
>> WHEN WE MOVED HERE, THE LADY THAT MOVED IN WITH US, WHO HIS FRIEND, WHO THEY HAD MET ONLINE, AND THEN THAT'S WHEN I REALIZED MY LIFE WAS IN -- BECAUSE HE TOLD ME, HE GAVE ME A CONDITION THAT IF YOU WANT ME TO FILE YOUR PAPERWORK AND CONTINUE GOING TO SCHOOL, THEN YOU HAVE TO GO BY WHAT I SAY.
AND SO I REALIZED THAT MY LIFE, THIS IS NOT HOW I WANTED TO LIVE MY LIFE.
I STARTED GOING TO CATHOLIC CHARITIES AND I TOLD THEM MY STORY, THEY ASKED ME IF I WANTED TO GO TO A SHELTER AND I SAID YES.
SO I ENDED UP GOING TO A SHELTER AND THEN AT THE SHELTER THEY REFERRED ME TO LEGAL CLINIC.
IT WAS TOUGH BUT AT LEAST I HAD THE ROOF AND I WENT THROUGH COUNSELING, THEY HAVE COUNSELORS THERE, AND I KNEW SOMETHING WILL HAPPEN.
THERE WAS HOPE.
>> WHEN YOU LOOK AT DOMESTIC VIOLENCE AND YOU SEE DIFFERENT FORMS, YOU MIGHT SEE PHYSICAL, EMOTIONAL, SEXUAL, FINANCIAL, BUT THE OTHER PIECE THAT IS NOT ALWAYS RECOGNIZED IS IMMIGRATION.
WHAT WE CAN DO IN THAT WAY BECAUSE THE GOVERNMENT RECOGNIZES IT IS UNDER A STATUTE CALLED VIOLENCE AGAINST WOMEN ACT, IMMIGRATION SECTION AND WHAT THAT DOES IS REMOVE THE ABUSIVE SPOUSE FROM THE PETITION PROCESS.
SO NOW YOU CAN DO WHAT'S CALLED SELF-PETITION.
>> I DID KNOW, THEY EXPLAINED TO ME ABOUT THE ACT TO PROTECT SPOUSES OF CITIZENS THAT HAVE GONE THROUGH ABUSE.
THEY HELPED ME FILL OUT THE PAPERWORK, FILLED OUT THE WAIVER AND AS SOON AS I GOT MY WORK AUTHORIZATION I KNEW I WAS IN GOOD HANDS.
MY CONFIDENCE AND KNOWING MY FAITH, KNOWING THAT I WILL STAY.
>> THE CLINIC MODEL IS VERY MUCH ABOUT THE STUDENTS TAKING THE LEAD IN THE CASES AND THE PROFESSORS ARE REALLY JUST THERE TO GUIDE THEM, TO ANSWER QUESTIONS, AND TO MAKE SURE THAT EVERYTHING IS GOING SMOOTHLY.
AND YOU WORK WITH STUDENTS AND OFTEN TIMES CLIENTS COME IN AND ARE LEERY OF WORKING WITH STUDENTS WHAT THEY SOON LEARN, STUDENTS POUR THEIR HEART AND SOUL INTO A CASE.
>> PERSONALLY, IF IT WAS NOT FOR THIS CLINIC, I DON'T KNOW WHAT MY LIFE WOULD BE LIKE.
TO BE WHERE I AM TODAY, THIS CLINIC HAS PLAYED A VERY MAJOR ROLE BECAUSE I'M LEGAL, I'M AN AMERICAN, MY DREAM HAS COME TRUE BECAUSE OF THIS CLINIC, THE PROFESSORS, THE STUDENTS, THEY MADE ME REALIZE THE DREAM THAT BROUGHT ME TO AMERICA, I'M HAPPY, MY FAMILY'S HAPPY.
MY CURRENT HUSBAND, FRIENDS IN KENYA, LIKE HERE WE WENT TO AN OFFICIAL GATHERING AND I MET A FRIEND WHO KNEW HIM AND SO THAT'S HOW WE WERE ABLE TO GET BACK TOGETHER.
WE DID WEDDING IN 2014, HE WENT TO TRUCK DRIVING SCHOOL.
SO I WENT TO TRUCK DRIVING SCHOOL, TOO, AND WE GOT A JOB AS A TEAM AND WE STARTED DRIVING TOGETHER.
IT'S ADVENTURE FOR ME, I CALL IT PAID ADVENTURE.
I LIKE TRAVELLING.
TO ME IT'S THERAPEUTIC.
YOU WORK AND YOU TRAVEL.
>> SHE IS A REALLY BRAVE WOMAN.
SO, ONE OF THE THINGS THAT YOU LEARN REALLY QUICKLY AND ALWAYS IN AWE OF THE STUDENTS, WE LOOK AT -- TWO WAYS TO LOOK AT A CLIENT, OH, MY GOD, THIS AWFUL THING HAPPENED, THAT'S TERRIBLE, AND POOR YOU AND I'M SO SORRY.
AND WHILE WE TEACH OUR STUDENTS ABOUT THE EMPATHETIC APPROACH, ALSO TEACH THEM DO YOU UNDERSTAND WHAT YOUR CLIENT HAS BEEN THROUGH BEFORE SHE OR SHE WENT THROUGH BEFORE THEY WALKED IN THE DOOR TO YOU AND THE COURAGE AND BRAVERY TO SURVIVE IT AND THEN TELL YOU, A STRANGER, WHO MIGHT BE SAME AGE, OR MAYBE 10, 20, 30 YEARS YOUNGER.
ENORMITY OF WHAT YOU ARE ASKING THEM TO DISCLOSE DOES NOT TAKE OUR STUDENTS TOO LONG TO UNDERSTAND WOW, WHAT WOULD I DO IN THAT CIRCUMSTANCE, AND WOULD I BE THAT BRAVE.
AND TO REALLY UNDERSTAND WHAT IT TAKES TO TAKE ON THE JOURNEY THAT TERESIA TOOK ON.
>> FROM MY EXPERIENCE, IT WAS VERY EASY TO BE DEPRESSED, TO LOSE HOPE, TO GIVE UP.
BUT MY FROM EXPERIENCE WORKING WITH THE CLINIC HERE, I WOULD TELL PEOPLE YOU KNOW, LIKE IF THINGS DON'T WORK OUT THERE, IS ALWAYS A WAY OUT.
IF YOU FIND YOURSELF IN A SITUATION AND ABUSIVE RELATIONSHIP, DON'T GIVE UP.
FIND OUT ANY INFORMATION THAT YOU CAN GET AND THERE IS HELP OUT THERE.
>> TO LEARN MORE ABOUT LEGAL CLINICS ACROSS THE STATE AND THEIR REQUIREMENTS, WE INVITE YOU TO VISIT okbar.org/legalresources.
DON'T FORGET THAT LAWYERS ARE READY TO ANSWER YOUR LEGAL QUESTIONS AT NO COST TO YOU.
SUBMIT YOUR QUESTIONS VIA EMAIL TO AskALawyer@okbar.org BY MAY 4TH.
A COMMON THEME IS FAMILY LAW, CUSTODY, VISITATION AND DIVORCE.
MORE LEGAL TIPS FOR THOSE FREQUENTLY FACED TOPICS.
>> IF YOU AND YOUR SPOUSE ARE CONSIDERING A DIVORCE AND YOU OWN A HOUSE THAT HAS A SUPPORT RESPONDING MORTGAGE, IMPORTANT TO KEEP IN MIND WHAT WILL HAPPEN LONG-TERM.
YOU ARE BOTH OBLIGATED TO PAY THE LOAN, AND SPOUSE HAS THE ABILITY TO SERVICE THE LOAN.
MOST PEOPLE WHO HAVE MORTGAGES ARE A 15 OR 30-YEAR NOTE.
DECREE DOES NOT RELEASE YOU FROM THE OBLIGATION AND THE CONTRACT WITH THE THIRD PARTY LENDER SO YOU HAVE TO PAY IF YOUR SPOUSE, EX-SPOUSE DEFAULTS OR SLOW PAYS ON THE NOTE.
THE WAY TO ADDRESS THIS IN YOUR DIVORCE IS TO MAKE SURE THERE'S A PROVISION AND LANGUAGE IN YOUR DECREE SAYS YOUR SPOUSE WILL REFINANCE THE HOUSE FOR REMOVING THE NAME FROM THE MORTGAGE IN A YEAR, TWO YEARS, ADDITIONAL LANGUAGE IF THEY ARE INCAPABLE OF REFINANCING THE HOUSE WILL BE LISTED FOR SALE.
YOU CANNOT BE TIED TO YOUR SPOUSE 30 YEARS IN THAT WAY.
IN AN ACTION FOR DIVORCE, THE ISSUE OF CHILD CUSTODY AND VISITATION -- CUSTODY, IS THE PARENTS ABILITY TO MAKE DECISIONS REGARDING MEDICAL CARE, EXTRACURRICULAR ACTIVITIES FOR EXAMPLE.
VISITATION ON THE OTHER HAND IS SOMETHING COMPLETELY DIFFERENT.
THAT'S THE TIME YOU SPEND WITH THE CHILD.
EVERY OTHER WEEK, EVERY OTHER WEEKEND, HOW DO YOU ARRANGE THE HOLIDAYS.
A PROBLEM AND WHAT OFTEN PROHIBITS FROM SETTLING THE CASES, THEY ARE NOT TALKING ABOUT THE SAME THING.
ONE PARENT COULD BE TALKING ABOUT CUSTODY, I WANT CUSTODY, AND THE OTHER PARENT SAYING I WOULD LIKE JOINT CUSTODY BUT WHAT THEY ARE INTENDING I WOULD LIKE EQUAL TIME.
WE UNDERSTAND THAT YOU VERY WELL MAY HAVE A QUESTION THAT HAS NOT BEEN ANSWERED IN TONIGHT'S PROGRAM.
THAT'S WHY OUR VOLUNTEER LAWYERS FROM ACROSS THE STATE ARE OFFERING THEIR HELP FOR FREE.
EMAIL YOUR QUESTION TO AskALawyer@okbar.org BY MAY 4TH TO RECEIVE FREE LEGAL ADVICE FROM AN OKLAHOMA ATTORNEY.
AND NOW, OKLAHOMA BAR ASSOCIATION PRESIDENT SUSAN SHIELDS TELLS US SOME WAYS THE OBA PARTNERS WITH LAWYERS TO HELP OKLAHOMANS THROUGHOUT THE YEAR.
>> HI, I'M SUSAN SHIELDS, PRESIDENT OF THE OKLAHOMA BAR ASSOCIATION.
YOU'VE JUST HEARD FROM A FEW OKLAHOMANS ABOUT THE IMPORTANT ROLE ATTORNEYS PLAY IN THE LIVES OF MANY.
ATTORNEYS LIKE THE ONES WE HAVE HEARD FROM TONIGHT HAVE ENABLED CITIZENS TO WORK THROUGH COMPLICATED MATTERS WHILE PROTECTING THEIR RIGHTS.
IT IS ESTIMATED A MAJORITY OF OKLAHOMA RESIDENTS HAVE UNMET LEGAL NEEDS BECAUSE THEY ARE UNABLE TO FIND AFFORDABLE OPTIONS.
SOME ESTIMATE AS HIGH AS 80%.
AS APPROXIMATELY ONE IN FIVE OKLAHOMANS CAN QUALIFY FOR LEGAL ASSISTANCE.
MORE THAN HALF ARE TURNED AWAY DUE TO A LACK OF FUNDING.
THE OKLAHOMA BAR ASSOCIATION HAS RESOURCES FOR USE BY MEMBERS OF THE GENERAL PUBLIC.
OKLAHOMA FREE LEGAL ANSWERS, POSE A QUESTION AND GET AN ANSWER FROM AN OKLAHOMA ATTORNEY.
CREATED TO HELP THOSE WHO FALL UNDER A CERTAIN INCOME LEVEL AND CANNOT AFFORD AN ATTORNEY.
TO SEE IF YOU QUALIFY, AND OKLAHOMA BAR ASSOCIATION PROVIDES FREE LEGAL INFORMATION ONLINE, TENANT RIGHTS.
PROUD TO PROVIDE OUR FELLOW OKLAHOMA RESIDENTS WITH RESOURCES AND ASSISTANCE IN NAVIGATING THE LEGAL SYSTEM.
>> HELLO.
ANY NAME IS NOMA GURICH, HONORED AND PRIVILEGED TO SERVE AS THE CHIEF JUSTICE OF THE SUPREME COURT OF OKLAHOMA.
EACH YEAR OKLAHOMA TAKES PART IN THE CELEBRATION OF LAW DAY.
TRADITION START IN 1951 BY HICKS EPTON AND CONTINUES TODAY WITH THE ANNUAL LAW DAY CONTEST.
OKLAHOMA STUDENTS, PRE-K-12 GRADE, SUBMIT WRITING ENTRIES THAT DEMONSTRATE THE THEME.
FIRST PLACE WINNERS, FAMILIES AND TEACHERS WERE INVITED TO THE CAPITOL TO BE RECOGNIZED.
THIS YEAR'S THEME IS YOUR VOTE, YOUR VOICE, OUR DEMOCRACY.
19TH AMENDMENT AT 100.
IN NOVEMBER OF 1918, OKLAHOMA AMENDED OUR STATE CONSTITUTION BY A STATEWIDE VOTE TO GRANT UNIVERSAL VOTING RIGHTS FOR ALL OKLAHOMA WOMEN.
TWO YEARS LATER, 36 STATES WERE REQUIRED TO RATIFY THE 19TH AMENDMENT BEFORE IT BECAME LAW THROUGHOUT THE UNITED STATES.
I'M VERY PROUD TO SAY THAT OKLAHOMA WAS AMONG THAT GROUP OF STATES AND RATIFIED THE 19TH AMENDMENT ON FEBRUARY 28, 1920.
IT TOOK MORE THAN 70 YEARS BUT THE WORK OF ELIZABETH STANTON, SUSAN B. ANTHONY, ALICE PAUL AND MANY OTHERS CHANGED AMERICA FOREVER.
THE SUFFRAGE MOVEMENT WENT FOR CONSTITUTIONAL CHANGE AND REFORM.
A LOT HAS CHANGED IN THE PAST 100 YEARS.
ONE THING THE SAME, THE NEED FOR INFORMED ENGAGED CITIZENS.
OUR RESPONSIBILITY TO PARTICIPATE IN THE DEMOCRACY OF AMERICA.
RESEARCHING AND UNDERSTANDING ISSUES THAT IMPACT OUR STATE AND NATIONAL GOVERNMENTS IS SO IMPORTANT.
IT IS UP TO EACH OF US TO BECOME FAMILIAR WITH THOSE WHO REPRESENT US.
LET'S MAKE SURE WE HONOR THOSE WHO FOUGHT FOR THE OPPORTUNITIES BY EXERCISING OUR RIGHT TO VOTE.
>> THANK YOU, JUSTICE GURICH.
AS OUR PROGRAM CONCLUDES, REMEMBER, THE ASK A LAWYER EMAIL IS OPEN THROUGH MAY 4TH.
SUBMIT YOUR QUESTION TO AskALawyer@okbar.org.
ANY TIME THROUGHOUT THE YEAR, IF YOU OR SOMEONE YOU KNOW VISIT THE OBA ONLINE LAWYER DIRECTORY AT OklahomaFindALawyer.com.
MORE THAN 3,600 ATTORNEYS LISTED BY LOCATION AND AREA OF PRACTICE.
IT'S A FREE, EASY WAY TO FIND A LAWYER WHO IS THE RIGHT FIT TO HANDLE YOUR LEGAL NEEDS.
WE'LL LEAVE YOU THIS EVENING WITH A LOOK AT THE WINNING ENTRIES IN OUR STATEWIDE STUDENT LAW DAY CONTEST.
THANK YOU FOR WATCHING ASK A LAWYER.
AND GOOD NIGHT.
♪♪♪
Support for PBS provided by:
Ask a Lawyer is a local public television program presented by OETA















