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.
Avoid Legal Pitfalls in Rent-To-Own Home Contracts
For many Americans, the dream is home ownership. But for some, it’s a goal out of their financial reach. It may be a poor credit score or prior foreclosure. While you may not qualify for a mortgage, you still need a place to live, and one option to consider is a rent-to-own contract. For legal advice on renting-to-own, consult with a local real estate lawyer. What Is a Rent-To-Own Contract? Rent-to-own contracts are agreements between a homeowner and a home buyer to slowly transfer real …
Considerations With Physician-Aided Suicide in Montana
People live their lives in different ways. Some want to live on their own terms, and wish to die in the same way. In the state of Montana, that is now an option thanks to Montana Supreme Court case Baxter v. Montana. “In 2008, there was a district court ruling in a case where a physician was charged with prescribing a lethal dose of medicine with the intent that the patient take their own life,” says Daniel J. Auerbach, a health care attorney in Missoula. “And the judge found there to be …
Who Pays for Montana Nursing Home Care When Medicaid Won’t?
No future planning is perfect. There are unforeseen illnesses, injuries, and economic downturns that can sink any plan. Nevertheless, care planning is essential for the future well-being of yourself and your loved ones. The challenges you may confront in long-term care planning depend on various factors, including your financial situation and where you live. Montana, for example, is primarily a rural state, and most of its small towns don’t have nursing homes. So if a parent is unable to take …
After Prohibition: The Changing Legal Landscape of Sports Betting
In a 2018 case, Murphy v. National Collegiate Athletic Association, the U.S. Supreme Court ruled that a 1992 federal law (the Professional and Amateur Sports Protection Act or PASPA) prohibiting sports betting violated the U.S. Constitution. The upshot is that there is no longer a federal prohibition on sports betting. However, this does not mean that sportsbooks will be opening at every gas station and street corner any time soon. Since the Supreme Court’s 2018 decision, the regulation of …
Protection for Domestic Abuse Victims in Texas
There are moments in life that shatter the very essence of what you believe to be true. Domestic violence, sexual assault, and stalking are the kind of crimes committed most often by the people you trust most. And a breach of peace at home is one of the most unsettling, destabilizing and shocking experiences a person can go through. If you are If you or someone you know is a victim of domestic violence, a reputable domestic violence lawyer can help navigate reporting and preservation of …
Faking a Service Animal Status Is Illegal
In recent years, many states have enacted laws cracking down on service animal misrepresentation. The rationale behind these state laws is to protect individuals who genuinely need service animals, as they should not be hassled or have to jump through hoops to do so. It’s also to prevent situations in which untrained animals are confined in pressurized cabins or lash out at unsuspecting passengers. Service Animal Protections in State and Federal Law Under the federal Americans with …
Landlords Beware: Minnesota's Lesser-Known Disorderly House Statute
One way to create wealth is through real estate and private property. In fact, creating passive income through rental property streams has become a common practice for many joining the landlord game. However, there are many pitfalls that could sink your new venture and, even worse, potentially land you — the property owner — in jail. There are quite a few regulations and state statutes that dictate the landlord-tenant relationship. One of the lesser-known Minnesota statutes that can affect …
Kids in Minnesota Have the Right to Their Own Custody Lawyers
“You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” These words familiar for those who watch any cop-based TV show guarantee your basic rights to consult with an attorney in a criminal context. But as of August 2017, when “McKenna’s Law” went into effect in Minnesota, even more people will be hearing the phrase in the future. For help exercising your legal rights, reach out to a custody and visitation lawyer. Required Legal …
Are Secret Societies Legal in North Carolina?
Groups such as the Freemasons, Elks, and Shriners are present in many communities throughout the United States, where they enjoy fraternity and engage in charitable activities. Many people, whether a member of a fraternal organization or not, may be surprised to learn of North Carolina laws regulating the activities of "secret societies" in the state. Speak to an experienced North Carolina lawyer today to have your questions answered. North Carolina Law Prohibits Creating Secret Societies for …
What To Do If Your Scholarship Is in Jeopardy
Students heading off to college enter full of anticipation, diving headlong into every opportunity to learn, grow, and change. But like so many challenges in life, college can prove a difficult balance. One of the main challenges that comes with going to college is the cost of attendance. If a college scholarship or financial aid package is revoked, college costs can become unmanageable. Six Reasons Why Scholarships May Be Revoked As a college student, there are six main reasons for financial …
Find top lawyers with confidence
The Super Lawyers patented selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers lists each year. We know lawyers and make it easy to connect with them.
Find a lawyer near you