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lawyer help- preparing for the future
Posted: Thu May 13, 2010 10:36 pm
by cubbyjg
I remember reading that quite a few people on this and other forums have lawyers on retainer in case the situation arises where you have to use your weapon or if you are arrested on some type of weapon related incident. I am still a novice CHL and trying to prepare as much as possible. What are some things i should consider when determining what lawyer to go with? Are there any good programs like prepaid legal that are worthy of me spending money each year for? A buddy of mine had prepaid legal in college and didnt have a good experience with it so i am not too sure if i would consider them just yet (this is open to change based on feedback from others on this forum). I feel that its better to have one on standby than worry about trying to find one if something does happen. I would like have some kind of representation that will encompass the state of Texas and not just Houston. I appreciate all the help and advice i can get.
Re: lawyer help- preparing for the future
Posted: Fri May 14, 2010 1:36 pm
by texas1234
I would not put an attorney on retainer or buy insurance for carrying a gun for deadly force situations for numerous numerous numerous reasons.
You are covered by the law to use deadly force under certain conditions, you will have plenty of options to find a great attorney after the fact.
We had to hire a criminal defense attorney for a family member years ago on a false allegation. Example, the guy I would have chosen to go on retainer to defend the case had I decided to be proactive prior to the incident ended up not being able to properly represent our family member and three attorneys later we found someone that was able to destroy the prosecution in court. My point is, every situation is differnt and the person you think is going to be the best to defend you may not be when you actually need the help, but you have paid them a retainer wasting money.
As far as the insurance goes why pay out the wazzoo for something that has very little chance of every happening. Many Cops have served until they retired never having to use deadly force.
I wont do it and I dont recomend it.
Thats my .02!
Re: lawyer help- preparing for the future
Posted: Fri May 14, 2010 2:58 pm
by TxKimberMan
As far as the insurance goes why pay out the wazzoo for something that has very little chance of every happening
I believe that is the nature of buying insurance. Statistically, my home is not likely to burn down, yet I carry insurance to avoid the financial catastrophe of rebuilding it in the unlikely event that it does burn.
I agree that the law allows a CHL holder a legal defense to prosecution in the use of their weapon in legally sanctioned situations, however I would not give a statement to LEO's or face a Grand Jury without legal representation, and purchasing that representation AFTER the fact can be equally financially catastrophic.
my $.02 (but After the fact, my .$.02 will be $20,000.00)

Re: lawyer help- preparing for the future
Posted: Fri May 14, 2010 7:14 pm
by gigag04
It's up to you...as a CHL holder I would not mess with having an attny on retainer/pre paid legal. It is very new and unproven, plus you aren't sure what you get. Many of these companies have no track record.
As an LEO, I'm a member of TMPA which provides legal coverage. However, from what others at my dept have told me its not a matter of *IF* you need them, as an LEO it's a matter of *WHEN*. So...since I have an increased likelihood of some sort of need of legal services, I joined for $28/mo. I get a significant amount of peace of mind that someone will go to bat for me for criminal/civil matters that I may be faced with as an LEO.
Like I said - as a CHL holder it's so unlikely that you would find yourself needing legal protection. If you do, you can secure a lawyer at the time.
Re: lawyer help- preparing for the future
Posted: Fri May 14, 2010 11:28 pm
by Ol Zeke
A possible "middle of the road" solution, might be CHLPP. I went ahead and signed with them for $129 a year because they will take care of any CHL incident and help me get my gun back.
http://www.chlpp.com/" onclick="window.open(this.href);return false;

Re: lawyer help- preparing for the future
Posted: Fri May 14, 2010 11:35 pm
by cubbyjg
I do agree that maybe getting a lawyer on retainer/prepaid legal, etc might be overkill, but if something does happen, i do not want to have to do a lot of searching then to find a good one who will defend me and provide the best legal defense. I rather spend some time now and be prepared. If at the very minimum, i would like to have in my mind or wallet the contact info to one just in case the need arises.
Re: lawyer help- preparing for the future
Posted: Sat May 15, 2010 12:04 am
by srothstein
I think you will find that this is one of those areas where there are many and widely varied opinions. The idea of prepaid legal for general coverage is well established and I have used it for my benefit a couple times. But most of the general plans exclude things like criminal defense, so they might not do you any good at all in a CHL shooting. And the concept of prepaid insurance for CHLs is new enough that it is not yet proven either way. As was pointed out, most of the companies in this area do not have a well enough established track record to say either way.
Putting a lawyer on retainer can be expensive, and can be a waste if you choose the wrong lawyer, as was pointed out. Most of the cases where you find lawyers actually on retainer are for business use, not individuals.
But there is another fairly inexpensive way to go. Start calling around and finding the criminal defense lawyers in your area. Call each one and set up a meeting where you can talk to him. Ask him for his experience and background in criminal defense, especially in self-defense cases. Let him know you are looking for a good lawyer to keep in touch with in case you ever need one. When you find one who you think will be able to help, ask him if you can call him if you ever need him. You do not want him on retainer and he does not represent you in any way until you call him. You also understand that he is not bound in any way to be available to you (which is the other half of the reason for a retainer). You might have to pay for the initial consultation, which can add up, but you then know who to call when you need him.
I am not as worried on this aspect because I have a working relationship with a lawyer from handling some personal injury cases. If I ever needed one, I would call him for a recommendation when I needed it. You could also build up a working relationship with a lawyer for other things (wills, real estate, business, personal injury, etc.) as you might need them, then call him for a recommendation.
Re: lawyer help- preparing for the future
Posted: Sat May 15, 2010 12:30 am
by G26ster
Ol Zeke wrote:A possible "middle of the road" solution, might be CHLPP. I went ahead and signed with them for $129 a year because they will take care of any CHL incident and help me get my gun back.
http://www.chlpp.com/" onclick="window.open(this.href);return false;

''
On their web site they say they only cover " acts of self-defense." That's fine, but what if I need a lawyer to cover other "infractions" that can get a CHL in trouble with the law (unintentional exposure, trespass, carrying in a prohibited place, etc.)? Those can be costly too. I don't believe I've seen any of the CHL pre-paid defense plans that cover that. Granted, the self defense issue is paramount, but I'd like to have coverage, and an attorney's number to call, for
any CHL related offense.
Re: lawyer help- preparing for the future
Posted: Sat May 15, 2010 7:14 am
by SecedeTX
I keep a lawyer on retainer, but I had that even before I got my CHL. My lawyer specializes in real estate, trusts, and estate law. He is certiantly not the guy should a CHL related incident arise, but as in the past, if something comes up that is out of his speciality, he reffers me.
In my line of work, having someone on retainer that understands your situation from past experiece is convienient. It also saves a bunch on hourly fees.
My wife had prepaid legal for a while, and actually had a good experience with it.
Re: lawyer help- preparing for the future
Posted: Sat May 15, 2010 7:49 am
by cougartex
I would not have a lawyer on retainer just for CHL related incidents.

Re: lawyer help- preparing for the future
Posted: Sat May 15, 2010 4:58 pm
by sjfcontrol
G26ster wrote:
On their web site they say they only cover " acts of self-defense." That's fine, but what if I need a lawyer to cover other "infractions" that can get a CHL in trouble with the law (unintentional exposure, trespass, carrying in a prohibited place, etc.)? Those can be costly too. I don't believe I've seen any of the CHL pre-paid defense plans that cover that. Granted, the self defense issue is paramount, but I'd like to have coverage, and an attorney's number to call, for any CHL related offense.
You guys should check your homeowners/Umbrella policies. It turns out that some of the "non-criminal" problems that CHLs run into can be covered by insurance you already have. Things such as accidental discharge, bodily injury, etc.
Re: lawyer help- preparing for the future
Posted: Sat May 15, 2010 5:00 pm
by Quahog
sjfcontrol wrote:You guys should check your homeowners/Umbrella policies. It turns out that some of the "non-criminal" problems that CHLs run into can be covered by insurance you already have. Things such as accidental discharge, bodily injury, etc.
Excellent suggestion sjfcontrol!

Re: lawyer help- preparing for the future
Posted: Sat May 15, 2010 7:36 pm
by wgoforth
G26ster wrote:Ol Zeke wrote:A possible "middle of the road" solution, might be CHLPP. I went ahead and signed with them for $129 a year because they will take care of any CHL incident and help me get my gun back.
http://www.chlpp.com/" onclick="window.open(this.href);return false;

''
On their web site they say they only cover " acts of self-defense." That's fine, but what if I need a lawyer to cover other "infractions" that can get a CHL in trouble with the law (unintentional exposure, trespass, carrying in a prohibited place, etc.)? Those can be costly too. I don't believe I've seen any of the CHL pre-paid defense plans that cover that. Granted, the self defense issue is paramount, but I'd like to have coverage, and an attorney's number to call, for
any CHL related offense.
I talked to their rep before purchasing and they said they defend all situations in regards to carrying...including accidental exposure. We talked about 20 min on the phone about various things they covered.
Re: lawyer help- preparing for the future
Posted: Sat May 15, 2010 8:09 pm
by G26ster
wgoforth wrote:G26ster wrote:Ol Zeke wrote:A possible "middle of the road" solution, might be CHLPP. I went ahead and signed with them for $129 a year because they will take care of any CHL incident and help me get my gun back.
http://www.chlpp.com/" onclick="window.open(this.href);return false;

''
On their web site they say they only cover " acts of self-defense." That's fine, but what if I need a lawyer to cover other "infractions" that can get a CHL in trouble with the law (unintentional exposure, trespass, carrying in a prohibited place, etc.)? Those can be costly too. I don't believe I've seen any of the CHL pre-paid defense plans that cover that. Granted, the self defense issue is paramount, but I'd like to have coverage, and an attorney's number to call, for
any CHL related offense.
I talked to their rep before purchasing and they said they defend all situations in regards to carrying...including accidental exposure. We talked about 20 min on the phone about various things they covered.
I appreciate your input very much. However, did they explain why on their paper application page it says, "The written contract, together with this application, constitutes the entire agreement between the company and the individual member with respect to the membership, and there are no agreements, understandings, warranties, or representations other than as set forth herein and in the membership contract. We have or are awaiting issue of a valid CHL license or permit.
We understand that CHLPP covers only acts of self-defense. We certify we are legally residing in the United States of America."
If they cover "all situations," then the quote above is incorrect. But, it concerns me that the
contract covers only acts of self-defense, regardless of what they told you verbally.
Re: lawyer help- preparing for the future
Posted: Sat May 15, 2010 9:20 pm
by wgoforth
G26ster wrote:wgoforth wrote:G26ster wrote:Ol Zeke wrote:A possible "middle of the road" solution, might be CHLPP. I went ahead and signed with them for $129 a year because they will take care of any CHL incident and help me get my gun back.
http://www.chlpp.com/" onclick="window.open(this.href);return false;

''
On their web site they say they only cover " acts of self-defense." That's fine, but what if I need a lawyer to cover other "infractions" that can get a CHL in trouble with the law (unintentional exposure, trespass, carrying in a prohibited place, etc.)? Those can be costly too. I don't believe I've seen any of the CHL pre-paid defense plans that cover that. Granted, the self defense issue is paramount, but I'd like to have coverage, and an attorney's number to call, for
any CHL related offense.
I talked to their rep before purchasing and they said they defend all situations in regards to carrying...including accidental exposure. We talked about 20 min on the phone about various things they covered.
I appreciate your input very much. However, did they explain why on their paper application page it says, "The written contract, together with this application, constitutes the entire agreement between the company and the individual member with respect to the membership, and there are no agreements, understandings, warranties, or representations other than as set forth herein and in the membership contract. We have or are awaiting issue of a valid CHL license or permit.
We understand that CHLPP covers only acts of self-defense. We certify we are legally residing in the United States of America."
If they cover "all situations," then the quote above is incorrect. But, it concerns me that the
contract covers only acts of self-defense, regardless of what they told you verbally.
Yes, said that means they do not cover if you are the perp. One thing about it, they have covered several cases of handgun uses. On their testimonial page is examples, including that of an accidental exposure.