You a n d the law
Why it helps to know your legal rights and duties.
BY BRADLEY J WOODWORTH, Esq.
The l^egal Corner will discuss, on a
continuing basis, some of the legal issues
of particular concern to our gay and les
bian community. This month’s column
introduces some of the areas I will take up
in future months.
preliminary disclaimer is in order:
no two legal situations are exactly
alike, and the rules of law can
change dramatically from one situation to
another — even another closely related
situation. So, this column will discuss
general legal principles only. These
principles may or may not apply to a
particular legal problem you are facing.
Only a qualified attorney can evaluate your
particular legal problem and give you ad
vice to rely on. When in doubt about any of
your legal rights or duties, consult a qual
ified attorney of your choosing. With this
limitation in mind, some of the legal areas
that will be discussed in this space include:
A
How To Hire A Lawyer. No lawyer
can be competent in all areas of the law, or
all types of cases. It is important to know
how to hire a lawyer skilled in your parti
cular legal problem. The use of various
lawyer referral services. Legal Aid, word
of mouth and the yellow pages will be
discussed. Different lawyers and different
types of cases often call for different fee
agreements, and I will discuss some of the
more common lawyer fee arrangements.
Retainers are always welcome, but not al
ways required by lawyers. It is important
to hire a lawyer you feel comfortable with,
and I will offer suggestions for how to
“ interview” a lawyer you are considering
thinking of hiring.
Joint Property Ownership. Often
times, lesbian and gay couples want to buy
real property jointly, whether for a resi
dence or for investment purposes. Joint
property ownership can offer advantages
to the (legally) unmarried couple, but also
can have pitfalls when the bloom of ro
mance fades. Joint ownership can be
structured to minimize these problems,
and anyone considering joint ownership of
real property should carefully think out
and reduce to writing all the various pos
sibilities, which I will discuss in some
detail.
Wills And Living Wills. In the absence
of a will, the law will pass your property to
your “ legal heirs.” You should know who
they are, and decide whether you want
them to recieve your property when you
can no longer enjoy it. Without a will you
cannot pass particular items of your
property (that sentimental vase or the
family ’ ’ photo album) to your partner or
close friend. If you are incapacitated from
terminal illness, you can direct your physi
cian not to use extraordinary means to pro
long your life, and I will discuss the pre
cise requirements for the “ living wills”
which can carry your wishes into effect.
Landlord and Tenant. Oregon has a
very specific landlord-tenant law which
creates legal rights and duties for both the
owner and tenant. Knowing this law can
head off common problems between land
lord and tenant. Repairs, eviction, rent
withholding and the like will be discussed
in a future column.
Employment. Most employment is “ at
will,” meaning the employer can fire a
worker for any reason or no reason at all.
But there are important limits to this rule:
Employers cannot fire for socially unac
ceptable reasons, such as filing for work
ers compensation, or in violation of the
employer’s own procedures. The rights of
a wrongfully discharged employee will be
discussed, as well as the rights of the busi
ness owner.
Accidents and Injuries. Oftentimes
persons injured through the carelessness
(“ negligence” ) of others may be able to
recover damages for their injuries, includ
ing lost wages, medical bills, pain and
suffering and the like. Not knowing that a
recovery is possible could leave you un
compensated for your injuries.
Divorce and Custody. Gay parents,
whether single or in a couple, can and do
get custody of their children. It is usually
not easy, and a real willingness to stick it
out though long legal proceedings are
sometimes needed. Recent developments
in divorce and custody law will be discus
sed in a future column.
very “ in” thing with police and prose
cutors. What to do if (God forbid!) you are
stopped late some night with one too many
under your belt? Oregon law provides very
specific rights and “ consequences”
regarding taking the breath test, doing
field sobriety tests, and provides for
drivers’ license suspensions in various
situations. A “ diversion” program is of
fered to some first offenders, and that
program has plusses and minuses to con
sider if you are ever in such a jam. Under
some circumstances, you (as registered
owner) may be liable for injuries to a third
person by someone to whom you have lent
your car. Knowing your rights and duties
can save costly insurance claims being
made on you. Social hosts can also be
liable for damages caused by their intox
icated guests, and I will talk about how to
limit your “ host liability.”
There are many other legal areas that
I'm sure affect various members of our
community, and I will do my best to cover
topics of a broad general interest. Please
let me know, in care of the editors, of
particular legal issues you would like to
see discussed. I will look forward to talk
ing with you next month about how to hire
and what to look for in a lawyer.
The author is an attorney in private
practice; he maintains offices in the Lloyd
Center and Northwest Portland areas.
Motor Vehicle Matters. Liability in
surance is mandatory; DUII is currently a
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