His Employees Don't Work 'For' Him, But 'With' Him

A boss smiles at his employee, a young man sitting across his desk.

(Image credit: Getty Images)

“Mr. Beaver, your recent story about the employer who recommended a personal injury law firm to his employees because he liked the firm’s television ads hit a nerve with me. I am involved in something similar that I would like to discuss with you, and I hope you can help. Please call. Thanks, ‘Ted.’”

When readers ask me, “Where do you get such interesting stories?” — this is how.

“So, what’s going on, Ted?” I asked.

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“I own an office/home remodeling company. ‘Jason’ has been here since he graduated from high school. He is 25, married and has two kids. Recently, while driving in the rain, his truck hydroplaned and slid into a ditch. He wasn’t injured, and the truck wasn’t damaged.

“The state troopers responding to the accident suspected a DUI, and Jason blew a 0.12% (the legal limit is 0.08%). He was arrested and spent the night in jail. I learned from his wife they were having some issues, and Jason was drinking way too much.”

Ted told me he did not want Jason to have a public defender “even if he qualified financially.” He had been watching the YouTube videos of Texas Judge David Fleischer and others who call attention to cases in which lawyers do everything they can to keep repeat offenders out of jail.

“Instead of letting repeat offenders spend time in custody, these lawyers enable and encourage behavior that harms society,” Ted said. “I did not want a PD to give Jason the message, ‘Drunken driving is no big deal.’”

More to the story

As no jail time for a first DUI in their state would be fairly common, there had to be more to Ted’s fear. I asked him why he was so concerned.

In answering my question, Ted revealed that he is an employer who gets it. He cares about the people who work with him — he doesn’t think of employees as working for him.

“I was in Jason’s shoes 30 years ago at age 25 and caused an auto accident where, fortunately, no one was hurt. My grandfather hired a lawyer whom he told to ask the judge to give me several weekends in jail. At that time, there would normally be no jail time. But no one told me any of this. Even though I was the client, my lawyer didn’t tell me about this conspiracy that put me in jail, and I know his silence was technically not right.

“It was a lesson I’ve never forgotten and would not have learned had it not been for those weekends in the slammer. At my grandfather’s funeral, I was handed a letter he wrote to me years earlier that explained what he had done. He saved my life and, perhaps, other lives as well. I am so grateful to him and that attorney.”

That’s what Ted wanted for Jason.

No 'I can get you out of this' nonsense

After seeing a TV commercial for a DUI attorney and reading many Yelp reviews, Ted hired “Greg,” telling him, “I am not paying you for a defense, so no ‘I can get you out of this’ nonsense. I want you to have Jason admit his guilt and do some time in jail, or I fear he will keep on drinking and driving. He has a wife, two kids and is putting them all at risk!”

But Greg told him that without Jason’s full understanding and agreement, ethically he could not just tell him to plead guilty. He did say he would tell Jason what Ted felt was best.

However, as Ted discovered later, that did not happen. Instead, Jason was informed there was a real defense, the case dragged on for months, and he was finally allowed to plead to “unsafe driving for the conditions.”

Jason celebrated the dismissal of his DUI, on the same day, at a bar with friends until 2 a.m. Driving home, he hit a telephone pole, winding up with a leg fracture. His blood alcohol level was 0.24%. There are substantial medical deductibles to pay.

How did this go south?

After obtaining a signed authorization from Jason and Ted, I phoned Greg, who immediately admitted his office screwed up. “I assigned Jason’s case to an associate who never saw my memo, which said, ‘Tell client what employer feels is in his best interest — based on his own experience — a straight-up guilty plea and several weekends in custody.’

“Dennis, I feel terrible about the accident, because I am quite sure without that dismissal, he never would have gone to the bar with his friends. So, I want to pay for Jason’s medical deductibles as a way of trying to make things right. Please convey that to your reader.”

Greg added, “Family conspiracies to send a loved one to jail after a DUI save lives. Jail therapy is often the only thing that works.”

I phoned Ted to tell him, “Greg would like to speak with you, and I am certain you will be pleased with what he has to say.”

As mentioned in my previous article, here are some tips if you need to hire an attorney:

Get referrals. Ask friends, family or colleagues who they’ve worked with.
Do your research. Consider the attorney’s experience and check their reviews on websites such as Lawyers.com and Avvo, paying particular attention to the negative ones.
Ask questions. Make sure you ask the lawyer about their experience and fees when you first meet.

Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.

Disclaimer

This article was written by and presents the views of our contributing adviser, not the Kiplinger editorial staff. You can check adviser records with the SEC or with FINRA.

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After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, You and the Law. Through his column, he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."