About Benjy Schirm, J.D.
Benjy Schirm is a storyteller, writer and advocate. He attended the University of Iowa as an undergrad, worked as a theater artist, and went on to earn a J.D. from Western Michigan University so he could take his storytelling from the stage to the courtroom. He has contributed to legal publications in Minnesota, and is a North Star Lawyer, full-time public defender serving Rice County, and on the 4th District Ethics Committee as an investigator.
Articles written by Benjy Schirm, J.D.
Who Gets the Ring When the Engagement’s Off?
Engaged couples can break up for any reason, from shortly after the engagement to just before "I do." Whatever the reason, the couple and their family may have to deal with wedding contracts, uninviting people, and figuring out what to do with the engagement ring. Property rights in the engagement ring depend on state law and who called off the wedding. To find out whether you should give the engagement ring back or keep it, talk to a local family law attorney. When the Wedding Is Called …
When Beneficiaries Attack: Illinois' Slayer Statute
A marriage ends in tragedy as one spouse shoots the other. A mentally ill child kills their aging parent. A grandchild, heavily in debt, poisons their grandparent. Such incidents happen, and are often followed by media hoopla and a criminal trial. But after the cameras go away, who gets the proceeds from the deceased’s life insurance and estate? Can a convicted killer receive the payout? And what can the loved ones of the deceased do to ensure justice is served? The Slayer Statute The …
Legal Resurrection If You're Mistakenly Declared Dead
What if you woke up one morning to find that you had been declared dead — even though your heart was still beating, your lungs were still taking in air, and your thoughts were still swirling around in your head? Believe it or not, this happens. And, in most cases, this is caused by a simple clerical error at the Social Security Administration (SSA). In 2011, an audit estimated that about 1,000 people per month were declared legally dead, though an SSA employee later said that the number is …
Five Things To Look Out for in a Non-Disclosure Agreement
It happened. You got the job. And now you’re in the office, presented with a pile of paperwork. Tucked within that pile is an NDA, or non-disclosure agreement. This is a legal contract that creates a structure of confidential materials, communications, information, and knowledge between you and your new employer. These are often used to protect trade secrets, new discoveries, budding technologies, and other strategic information that’s vital to a business. The confidentiality agreement …
Can I Fence off My Neighbor?
You can choose where you live, but you can’t choose your neighbors. And, unfortunately for some, the personalities and habits of those living next door can be less than optimal. In some cases, the divide between people builds until one decides to build a new fence on the boundary line. Which is fine. Fences are a legal right — to a point. For legal advice on your situation, consult with a local real estate lawyer. The Law for Spite Fences Under Indiana state law, there is a specific statute …
Can Emojis Be Deemed Sexual Harassment?
Words convey meaning, but in the modern lexicon, we’ve rapidly shifted toward truncated spellings of phrases and representational electronic communication like emojis that can convey a multitude of ideas. These pictures of emotions and objects are available on every device and social media platform. Studies have shown that posting and reading an emoji elicits an emotional response equal to the one a person has when having an in-person conversation. Communication of any kind can be laced with …
How To Legally Emancipate Minors
Legal emancipation gives minors the legal right to make their own decisions, free from parental control. There are many reasons why the relationship between teens and their parents may no longer be in the best interests of the child. Depending on your particular circumstances, the state may allow a legal separation. Parents have legal responsibility for their children until the children become an adult or an emancipated minor. The legal process for emancipation depends on state law. To find out …
When Are Pay Bonuses Not Discretionary?
When an employee leaves a job for a better opportunity, an employer will often attempt to cover any monetary losses from losing a great employee. Any action an employer takes is governed by the employment contract the employee signed at their start. If this initial agreement included a bonus structure, those bonuses become a non-discretionary part of the employee's income and must be paid. When Bonuses Are Discretionary Both employers and employees should be aware of whether bonuses are …
Emojis in the Court of Law: Avoiding Ambiguity in Workplace Communication
In today's fast-moving world, we want to say whatever we can as fast as we can. This means we often employ truncated spellings of words or phrases in text messages, as well as emojis — those pictures of emotions and objects found on nearly every device and social media platform. However, emojis can have different meanings to different people. When coworkers use emojis on the job, it can cause confusion and misinterpretation that could get workers and employers in trouble. The wrong emoji can …
Taking Noise Nuisances Into Your Own Hands
Noise disruption is a serious issue for some. Beyond being annoying, it can deprive you of sleep, impact loss of hearing, increase stress levels and has even been linked to heart disease. As your blood pressure continues to rise in accordance with the decibel levels, what can you do to deal with the situation? For personalized legal advice, reach out to a local real estate lawyer. Local Actions Arm yourself with your municipal and county ordinances on excessive noise. Most cities have rules on …
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