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.
What Attorney-Client Privilege Means for You
Being charged with a crime is incredibly stressful, and it’s hard to know who to trust when it comes to legal advice. Most of the people a defendant encounters after arrest are not looking out for their best interests. However, a defense attorney and their legal services can be the exception. What Is Attorney-Client Privilege? Attorney-client privilege is a court rule of evidence that says attorneys can’t be forced to reveal confidential communications with their clients. Being able to …
How To Deal With Stolen Mail Packages
With the rise in online shopping — and thus package deliveries — there has been a rise in package theft from people’s front porches. So, legally speaking, what are the rights of a customer who is receiving a package from a delivery company? Whose responsibility is it to ensure full delivery, who pays for a stolen package and missing mail, and do you need a consumer lawyer to assist? Liability for Lost or Missing Packages There are various options for liability when shipping a package. The …
The Legal Issues Involved in Surrogacy
Approximately 10 percent of people of reproductive age in the United States face some form of infertility. For couples wishing to have families, these statistics are hardly a comfort. For a growing number of families in the United States, infertility is being combated with surrogacy laws. As assisted reproductive technology becomes more common, the laws surrounding it are also developing. If you are considering using a gestational surrogate or assisted reproductive technology, ensure that …
Water Theft in the World of Weed
The amount of water used to grow a single marijuana plant varies with each grower, but a large growing operation can use a substantial amount. As more farmers enter the marketplace, that means more water use. In many places in the United States, you have a right to use all the gallons of water you would like as it passes through your property. In Oregon, however, this isn’t the case. What Water Supply Laws Are in Place in Oregon? Oregon’s water ownership laws operate under a system …
Five Ways To Reduce Jail Time in My State
Facing the possibility of jail time can feel like life as you know it is on pause. But a conviction doesn't always mean serving the maximum sentence. Courts, prosecutors, and judges often have discretion to reduce jail time, especially when the right legal strategy is in play. By understanding the most common ways sentences are reduced, you can make informed decisions before, during, and even after the trial. A skilled criminal defense attorney can help you pursue these options and protect …
What To Do If You Find a Foreign Object in Your Food
Every once in a while you see it in your timeline or on the news: Someone has found an atrocious substance in their food. Some of these objects have included mice, human fingers and condoms. It leads to wonder what laws are in place to protect these consumers. If something in your food causes you injury and it's due to a food manufacturer or food preparer's fault, you may be able to get compensation for your injuries. Taking Legal Action for Contaminated Food in Georgia Successful suits have …
The Shocking State of Securities Fraud
Uncovered Ponzi schemes in the United States have totaled billions of dollars in lost money and decades of time in prison sentences. The operators of these schemes often target highly educated people with disposable incomes. Unsophisticated investors, with their large amounts of capital, are the ideal bait for these fraudsters. If you suspect or have been a victim of a Ponzi scheme, reach out to experienced legal help. What Is a Ponzi Scheme? Named after Charles Ponzi, a 20th century swindler, …
When ADA Accommodations Collide
Two people work in the same office. Sandy enjoys the company of her service animal, Max, who leads her safely around the office. Brad, however, is deathly allergic to dogs. Both employees have cubicles in the same office, and are now stuck in a difficult situation. How can a small company employer reasonably accommodate both workers, and stay on the right side of employment laws? What Does the Law Say? Laws prohibit employment discrimination based on a disability, and employers are required to …
Exposing Animal Abusers in Tennessee
From emotional damages to pet trusts, the law has made some significant strides in recent years to better establish and recognize animal rights. In May 2015, Tennessee made history when its state legislature passed the Animal Abuser Registration Act, making it the first state to track people who have been convicted of an animal abuse crime. The Animal Abuse Registry aims to inform its citizens and protect animal residents. What Is the Goal of Tennessee’s Animal Abuse Registry? In addition to …
Legal Risks of Backyard Fun: Understanding the Attractive Nuisance Doctrine
Parents want their children to have a great home. If they have the means, who doesn’t want to install a swimming pool, buy a trampoline, build a treehouse, or erect a skateboard ramp in the backyard? It may sound nice, but thanks to the attractive nuisance doctrine, parents may be opening themselves up to liabilities despite their good intentions. For legal help on premises liability claims, reach out to a premises liability lawyer. What Is the Doctrine of Attractive Nuisance? The doctrine …
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