Granite Law Newsletter: 2002 Winter

1. Speak to an Attorney early, before minor problems escalate into major legal battles.
   
   
2. Be Reasonable and Use Your Common Sense. Just because something does not go your way does not mean you have been wronged. Pursuing litigation is always costly and the outcome is always in doubt no matter how strongly you feel about your case and no matter how good your lawyer is.
   
   
3. Get Things in Writing. Most agreements do not have to be in writing but it is always wise to get a written agreement. Otherwise, disputes are often just "he said, she said." Written agreements are especially helpful when dealing with friends and relatives.
   
   
4. Know Your Rights if Confronted by a Law Officer. Recently a friend was driving home after an event where she had 2 glasses of wine over a 6 hour period. She was stopped for a burned out tail light and when the officer asked if she had been drinking, she honestly responded, "yes." He asked her to take field sobriety tests at 2 a.m. along the side of the road on a cold winter night. He said she failed and arrested her. She agreed to have a Breathalyzer test and blew a 0.0. That's right, nothing. The point is that she never should have told the officer she had anything to drink. By admitting to drinking, the officer's observations and conclusions were colored and biased. If she was truly impaired, the officer would have been able to detect that without a voluntary admission by the driver. It is your constitutional right (5th Amendment) not to be a witness against yourself.
   
   
5. Think and Plan for the Inevitable. Put together or revise your estate plan so your loved ones will be better prepared to handle your funeral and estate matters when the time comes. Get a will, a living will and a durable power of attorney for health and financial affairs.
   

1. Stop doing business with you.
2. Report a default to a credit bureau.
3. Sue on the past due debt.