RC Law GroupRC Law Group2026-04-17T06:49:26Zhttps://www.rclawgroupok.com/feed/atom/WordPress/wp-content/uploads/sites/1103856/2024/05/cropped-favicon-32x32.pngOn Behalf of RC Law Group<![CDATA[Weird Cases]]>https://www.rclawgroupok.com/?p=2564462024-06-04T16:48:46Z2024-06-04T16:48:46Z
A friend of mine wanted to build a new home as a retirement present. He worked in the home construction industry for over 40 years. He built up some considerable wealth and wanted to celebrate. I don’t blame him. Another person approached my friend with a brand new home concept. The concept was to build a cheaper, durable, energy-efficient home. The key to this process was the construction material, which consists of an 8-inch thick piece of compressed styrofoam that is chemically treated to stop mold growth. Unfortunately for my client, the home was built using poor construction, coupled with numerous misrepresentations by the company that designed the home. We are in litigation now. It is a mess. Keep in mind this type of case is generally classified by lawyers as a “construction defect” case. There are tons of lawyers who take those, but my client could not find a lawyer to take his case. Some were willing, but they wanted a $10,000.00 retained billed at $450.00/hour. I charge WAY less than that because I have a low-overhead business model.
Another friend of mine is a wealthy, local business owner in the oil-and-gas industry. I met this man through tennis. Although very wealthy, he does not advertise his wealth, nor does he treat anyone as a lesser person because they have less money. He is a genuinely good person whom I respect greatly. He approached me with a legal research question. A person he knows approached him with an investment opportunity. The opportunity was to invest in a commercial medical marijuana growth farm. My client wanted to know whether or not he was exposed if he acted merely as an investor. Keep in mind that Oklahoma only recently legalized marijuana for medical purposes. In fact, the Oklahoma Medical Marijuana Act established a new regulatory agency called the, “Oklahoma Medical Marijuana Authority.” The OMMA promulgated hundreds of regulations that all folks who participate in the industry must comply with. Most lawyers do not like re-learning as their position is they did all the learning they needed to do in law school. I was thrilled to take the case. It took me two days to research and read everything I needed to read. I prepared a twenty-one page report that took me four days to write and three days to edit. My client was very pleased with the work product, and I was very happy as well. Most lawyers would not have dedicated that much time to one project, but I saw it as an opportunity to learn as a lawyer and grow as a person.
Finally, one friend of mine has a daughter who is struggling financially. She was being bullied by an apartment complex that had so much black mold growth in the apartment it caused my client and her dog physical illness. She was literally sick because the apartment complex refused to address the problem. When she complained, they told her to use “scrubbing bubbles” and that would fix the problem. They did not provide the scrubbing bubbles, or gloves, and did not provide any personnel to assist in the process. Under Oklahoma law, every landlord/tenant agreement contains something (whether its written in there or not) called the, “implied covenant of habitability.” The covenant means that an apartment complex will keep their apartments “livable.” Black mold growth is a breach of this covenant. I instructed my client to not pay rent as that is one remedy under the law. They attempted to go after her via a debt collection action. They also attempted to block her from getting her new apartment complex as they told the new complex that my friend had a “pit bull.” The dog the complex described is actually a lab mix and my client is in the process of getting that dog declared as a service dog. I threatened to sue them if they prosecute the debt collection action. I am anxiously awaiting their response. If they do, I will deal with them accordingly. As mentioned above, my client did not have the resources to hire an attorney. I created something new. No lawyer to my knowledge takes contingency fee cases for landlord/tenant agreements as it can be difficult to recoup attorney’s fees. I took the case on a contingency fee basis. I look forward to taking others.
If you have a weird case, you’ve tried other lawyers and they are either out of reach or your gut tells you something isn’t right, then give me a call. I always have my cell phone on me (unless I’m exercising or playing tennis) and I’m happy to talk to you about your case!]]>On Behalf of RC Law Group<![CDATA[Why Have a Lawyer, Part 2]]>https://www.rclawgroupok.com/?p=2564502024-06-04T16:57:08Z2024-05-24T16:52:47ZOn Behalf of RC Law Group<![CDATA[Why Have a Lawyer]]>https://www.rclawgroupok.com/?p=2564482024-06-04T16:52:23Z2024-05-20T16:51:05ZOn Behalf of RC Law Group<![CDATA[Felony Friendly Companies]]>https://www.rclawgroupok.com/?p=2564522024-06-04T17:06:52Z2024-04-10T17:00:47ZOn Behalf of RC Law Group<![CDATA[Spoilation]]>https://www.rclawgroupok.com/?p=2564642024-06-04T17:57:24Z2024-04-03T17:53:09ZOn Behalf of RC Law Group<![CDATA[Mandatory Reporting]]>https://www.rclawgroupok.com/?p=2564622025-07-21T16:45:38Z2024-03-12T17:42:47ZOn Behalf of RC Law Group<![CDATA[The Attractive Nuisance Doctrine]]>https://www.rclawgroupok.com/?p=2564542024-06-04T17:13:59Z2024-03-04T18:09:17ZArtificial Conditions Highly Dangerous to Trespassing Children
I once had a very interesting premises liability lawsuit I defended when I was an insurance defense lawyer. The facts are as follows. A small town in a rural county in Oklahoma held a weekly livestock auction. Because the event drew large crowds, merchants also set up small booths and would sell various handmade items. It was a popular event.
It was common for children to attend as they could see all the animals, the merchants, and the like. There was even an area that had some playground equipment.
One weekend a couple dropped off their children to let them play at the auction while they ran errands. These children were small, less than 10 years old. Across the street from the auction was private property. On the private property, the landowner had some livestock and approximately 10 dogs. He did not breed dogs. He just loved them and kept many. The children wandered across the road and began playing with one of the dogs and the dog bit the child. The child sustained injury as the bite was rather deep.
So let’s apply the above criteria and walk through this scenario. The first element requires that the landowner believe or have reason to believe that there will be children in this area. This was highly contested in our case. We argued that it was not likely that a child would be in this area as it was across the street on private property. The plaintiff's attorney argued that there were no signs of any kind indicating that the property across the street was somehow separate from the livestock auction. In fact, the private landowner worked for the couple who ran the livestock auction, further intertwining things. Ultimately, I believe the plaintiff's attorney was correct on this point.
The second element requires that the landowner know or should know that death or serious bodily harm could result to children. With any type of animal, there is always a potential risk of harm to children. In this case, the dog that ultimately bit the child was trying to get away and we believe the child happened to be taunting the dog. In our case, it was difficult to discern the facts as the children changed their stories numerous times and no adults were present. In any event, I believe it is safe to say that the landowner should have known.
The third element requires that the children not appreciate the danger because of their youth. I believe the children in our case owned a dog so it is perfectly reasonable for them to think that all dogs are alike. Even if they didn’t own a dog, there is a good chance they have been to a public park or seen another person walking a dog in their neighborhood. In other words, there is a very good chance these children saw dogs and did not appreciate that the dog could be a threat.
The fourth element is a balancing test. It essentially says that the burden in remedying the dangerous condition is minimal when compared to the benefit of protecting children. This element puts the onus on the landowner to act in the best interests of children given their limited ability to comprehend certain dangers. In our case, there was a gate that was not properly locked, allowing the children access to the dog’s area. I believe that had the gate been locked and the children climbed over it, we would have had a much stronger case. But even if the children climbed the gate, the landowner would still have a responsibility to put something on top of the gate to further prevent children from climbing over it.
The final element requires the landowner to fail to exercise reasonable care in protecting children. In our case, I believe that a jury would likely conclude that the landowner failed to exercise reasonable care. The gate was not locked. There were no “Beware of Dog” signs. There was no signage indicating that the property on which the children wondered was private and separate from the auction property.
I believe the take away from this is that landowners can never be too careful. If you have a dog, a swimming pool, some equipment, or anything that might peak a child’s interest, put your best foot forward to keep your exposure minimal and children safe.
If you have a condition on your premises that you believe qualifies as an attractive nuisance, and you’re not certain what to do to prevent harm, contact RC Law Group. We are happy to inspect the premises and make recommendations for how to keep children safe and your company protected from a lawsuit.]]>On Behalf of RC Law Group<![CDATA[Mediation]]>https://www.rclawgroupok.com/?p=2564562024-06-04T17:18:27Z2024-02-18T18:14:45ZOn Behalf of RC Law Group<![CDATA[Most Common Legal Mistakes a Business Owner Makes]]>https://www.rclawgroupok.com/?p=2564582024-06-04T17:32:24Z2024-02-12T18:22:33Z1. Not Having an Employee Handbook with a Signed Acknowledgment Form by Every Employee
This is hands down the most common mistake I hear. And the excuses are all over the map. “Does anybody read those anymore?” “Is it really necessary?” Or, my personal favorite, “We are a small, family owned business. Do we really need one of those?” The answer is an overwhelming yes to all of the above. (As an aside, I have an entire piece written on these on my website.)
An employee should never be surprised if he/she is terminated. There should be clear criteria written in your employee handbook that specifies behaviors/actions that will not be tolerated. There should also be written notation of reprimands along with a specific number of offenses that will automatically result in termination.
Firing an employee is much easier if you can point to as much objective material as possible. When you confront the employee about termination, you can show the employee the written evidence justifying termination.
Finally, it makes a defense lawyer’s job much easier when defending your company in the event a wrongful termination lawsuit is filed. The defense attorney can use your employee handbook and written reprimands in the defense of your company. Trust me when I tell you that this information is very persuasive.
2. Not Maintaining a “Hard” Employee File
Most businesses market themselves as “paperless.” Given the environmental trend of our time, I understand their approach. But paper will always have a place in our world. In the hit television show, “The Office,” Steve Carrell aka Michael Scott is invited to speak at one of his employee’s business classes in night school. Michael gets offended when the MBA students challenge that his paper company is outdated as paper is essentially going out of style. Michael responds, “Real business is done on paper. Write that down.” Then the camera shoots to the crowd and everyone types what he just said. It’s a pretty funny scene that this business attorney actively enjoys.
I cannot say enough that you need to maintain a paper file on every employee who works for you. I would also preserve employee files for those who are terminated for at least five years after termination.
Why is it so important you maintain a paper file? A number of reasons. First, you are creating evidence that can be used to defend your organization. As a business attorney who used to defend businesses in a variety of contexts, I can assure you that more evidence is better than less. Second, computers crash. No matter where you are backing up your data, evidence can be lost or destroyed even though your IT person swore to you that you were protected. I have another article on the concept of spoliation, which is worth a read. But trust me when I say that lost or destroyed evidence is a very big no-no in litigation. Third, there is certain information you have to collect from an employee, such as their W9, drivers’ license, forms of identification, etc. You might as well preserve all of that in a file with other information. I have an article on what to keep in an employee file in another article.
3. Not Owning the Internet
Nobody truly owns the internet. That’s the beauty of it. But there are some folks on the net who have a substantial amount of control over the internet’s content. One of those entities is Google. Use Google to work for you as it is a service you do not have to pay for, but will help get you paid. If you have a satisfied customer, invite the customer to leave a review on your business, even this business attorney Tulsa does that. A friend of mine is a business owner and he gave me a great piece of advice. He told me if he did work for someone and they still owe him money, he will offer to reduce the balance of the final bill in exchange for a Google review. I thought this was a beautiful tactic. And it is something to consider.
Second, do not engage with disgruntled customers. At some point, I suspect someone will leave a negative review of your business. I as a business attorney Tulsa recommend not engaging this customer on the internet. There is a threat the situation could escalate and it is very hard (if not impossible) to get those reviews removed.
If you feel compelled to engage the customer, I recommend writing an apology coupled with a benign remark that everyone agrees is acceptable in response to the review. I would then engage the customer privately and in writing. Perhaps text or e-mail. I have a whole other article on handling customer complaints and offer some suggestions on how to proceed.
Third, make sure you are “pushing” your business. Post in your Facebook page often and create a hashtag so others can follow what you’re doing.
4. Overpaying for Services You Do Not Need
I know what some business attorneys in Tulsa charge for their services. Many are very reasonable and provide quality work at a reasonable price. Some charge rates that are borderline comical. I discuss in another article an experience I had in court that I will share here. I once went to a simple hearing and another firm sent a senior partner, an associate, a paralegal, and a secretary. Collectively, this combo was probably billing the client at around $850.00 per hour. By means of contrast, I presented to the hearing by myself and charged around $120.00 per hour. You do not need four people to attend a hearing like that. Make sure you are using an attorney who is a steward of your funds and treats your resources as if they were the attorney’s own resources.
Many documents you can fill out on your own. For example, filing the paperwork for a LLC is relatively straight forward. I have also found the Oklahoma Secretary of State’s Office to be very helpful and knowledgeable when it comes to filing the documentation you need.
5. Not Complying with Rules and Regulations
I see this considerably. A friend of mine once owned a local gym and I assisted him with some legal matters. When I started looking at his business, I learned he had not filed his Annual Certificate of renewal for his LLC in a few years. We got him current and paid the fee associated with not filing the document timely. While this fee was relatively minimal, it was money lost for my friend had he complied with the rules.
Many businesses do everything they can to comply with every rule and regulation that exists. Others try to cut corners to increase profits. I assure you that if you engage in this behavior regularly that karma will get you. You will get caught and you will be punished. Maybe it’s a monetary fine? Maybe it’s something much worse? For me, I have a bar license that is regulated by a professional association. If I break an ethics rule, the Bar has broad discretion in their punishment powers up to and including losing my bar license. That would be a very bad thing as I have worked my entire life to become an attorney.
If you do not have an attorney who is knowledgeable with the rules and regulations governing your business, then you are asking for trouble. A knowledgeable attorney can save you thousands of dollars, even potential bankruptcy, by keeping you and your employees advised of the various rules and regulations governing your business. I once heard a lawyer describe having a lawyer is like having insurance. You may never use it. But it is better to have it and not need it than need it and not have it.
If you do not have such a business attorney, consider RC Law Group. As a business attorney in Tulsa, I am knowledgeable with a wide variety of regulatory agencies and can assist you. If I am not knowledgeable with your particular industry, I have been told by teachers my whole life that I am a “quick study” and will happily get up to speed to protect the best interests of your business.]]>On Behalf of RC Law Group<![CDATA[How to Handle Major Company Mistakes]]>https://www.rclawgroupok.com/?p=2564602024-06-04T17:42:07Z2024-01-15T18:38:23Z