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
Montana does not have a statutory right-to-die statute. However, in 2009, the Montana Supreme Court held that, under the state's consent statute, a physician who provides aid in dying to a competent, terminally ill patient may be able to raise consent as a defense to certain homicide charges, depending on the facts. Lawmakers continue to challenge the practice of medical aid in dying for Montanans. For more information about patients' rights and end-of-life care in Montana, talk to an estate …
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
Sports betting is legal in many parts of the United States, but the rules depend on where you live. After the U.S. Supreme Court's decision in Murphy v. NCAA, states gained the authority to decide whether to legalize and regulate sports wagering. Since then, many states have passed laws allowing sports betting, creating a complex legal landscape that varies from one jurisdiction to another. The expansion of sports betting has changed the way states approach gambling, business regulation, and …
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
Fraudulent misrepresentation using a fake service dog or online certification scam violates public access ADA compliance and Fair Housing Act housing discrimination laws. Service animal fraud using fake credentials is a crime in many states, with potential civil fines, criminal prosecution, and misdemeanor penalties for state law violations. Landlord rights and business owner rights allow them to ask verification questions to people with a legal service dog (not including emotional support …
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
If your scholarship is in jeopardy, talk to your financial aid office or scholarship contact to understand the academic performance issue and file a formal appeal letter to show mitigating circumstances. Ask for an administrative review to appeal the scholarship revocation, which may include violating the code of conduct or scholarship contract, academic probation, or breach of agreement. Review your institutional policies about disciplinary hearings for academic appeal, including a student …
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