Almost all of us have had some kind of dealings with the law.
Traffic tickets are one thing. There are issues in home owners associations that can rise to the level of an attorney. There’s divorce. And death — what happens when there’s no will?
People sue for all kinds of things, not just for money but many times for the principle.
Civil rights, equal employment, privacy, first amendment issues, whistleblowers, consumer protection and the environment, and police and excessive force, just to name a few.
For non-lawyers, it’s something we read or hear about daily. But then when we get tangled up in it ourselves, we aren’t always sure where to turn.
We had a couple of lawyers with us who gave listeners a head start, a little advice on where to begin with a legal issue they're contending with.
ROBERT TELLES TRIAL
The alleged murder of longtime Las Vegas investigative reporter, Jeff German, by former Clark County Public Administrator, Robert Telles, made media shockwaves in 2022. A lot has transpired since then. Recent investigations have produced evidence that seemingly make the case an easy one to crack, but Telles' trial is next month. Everyone knows anything can happen in a trial, so what type of legal strategy could Telles' defense produce?
Donald Paradiso, local attorney with Ladah Law Firm, said reasonable doubt could be one way of doing it.
"The best shot at getting a defense verdict would be to install some form of reasonable doubt regarding even just one element of the prosecution's case," said Paradiso. "Under the law, if the jury finds that there is reasonable doubt even to one element, they must acquit the defendant. Now, this doesn't mean it's going to work, it just might be the best they have because it it creates an idea of motive that jurors may consider."
LEGAL QUESTIONS
Nationally, medical malpractice cases paid out over$184 billion in 2023. Medical malpractice are common personal injury lawsuits, yet some say it's difficult to find an attorney to take a medical malpractice suit. Why?
Christopher Storke, attorney with Chang Law Group, said it has to do with the evidence gathered for the case.
"You have to have all of the necessary elements to be able to prove malpractice," said Storke. "You have to make sure you start collecting evidence very early on, because what can end up happening is evidence could go missing, or you're unable to receive that evidence and present it to a lawyer to review. You could have a great case, but missing evidence can make it difficult to prove."
Now, what about trusts?
Often confused with wills, trusts are legal arrangements that manage the transfer of one person's assets to someone else. Wills take place after someone dies, but trusts can be setup before that. Does one need an attorney to handle trusts?
Storke said getting a lawyer is the smarter financial decision.
"You don't necessarily need one, but you would want to because if you fail to do the appropriate things, you're gonna get tied up in probate court and there's going to be a whole lot of difficult issues for you to navigate from there. It will also end up being more expensive."
There are nearly 3,000 homeowners associations in Nevada. Many love the perks that come with it like better security and more kept up neighborhoods; while others would much rather live without the pressures and cost associated with HOA's. So, is it possible to get rid of your HOA, or at the very least fight it?
Paradiso said it's really hard to do.
"The HOA is attached when the community is built, so the process is very difficult. It would need to be something you do through the Nevada real estate division," said Storke. "There are a number of steps you need to take before you can even file anything, like a mandatory mediation. However, I can tell you that in my time, I've never seen an HOA disbanded."
Guests: Donald Paradiso, trial attorney, Ladah Law Firm PLLC; Christopher Storke, attorney, Chang Law Group PC
