Legal Brief on April 18th, 2018.
- Revisiting the case of President Trump’s attorney Michael Cohen who is ordered to be in federal court on Monday, April 23rd to hand over his list of attorneys all documents that have been ceased in the F.B.I. raid. Some folks assume that a restraining order is typically used in criminal court. For example, to keep someone from approaching you and not to keep investigators from looking at paperwork. What can the regular folks take away from what is being done to Michael Cohen?
- First issue is that you as the client need to make sure you actually have an attorney-client relationship and not simply a friendship with generic conversations to make sure your conversations are privileged.
- Doesn’t this go against the legal search and seizure?
- A federal judge issues the search warrant so while my personal opinion is that this is might be politically motivated, judges make those decisions.
- A current tenant takes in a dog without permission. After they were told twice that it was unauthorized. They now claim it’s a therapy pet for a sick child. Due to the lease violation, can the lease be terminated by management?
- Therapy and service dogs have certain federal protections that can’t be contracted away.
- Starbucks will close 8,000 of its stores this afternoon so that their employees can receive racial-bias training. As an attorney, if you were advising the CEO of Starbucks, what would your advice be to help handle this situation?
- Personally, I think it’s a public relations move. Would they have felt the same if they kicked out to homeless people. I don’t think so. Later corrections do not protect you from being sued for the original act and can’t be used in court by the plaintiff to show they had a problem but only in retort if Starbucks says they had no control or couldn’t have done anything to prevent it.
- In regards to the Starbucks story, a listener stated that this is not a PR move and that this is a move by the company in case there is a law suit brought later down the road. What are your thoughts?
- As stated earlier, they can’t use this to defend bad prior conduct.
- If you are in your fenced in community pool area and someone hops the fence because they don’t have legitimate access, can you protect yourself with deadly force?
- The stand your ground rule does not apply to a communal are like a this pool and you are only allowed to use deadly force when confronted with equal force and/or danger.
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