Calling a lawyer after a self defense situation

[shaftbass]

Well, if the unthinkable happens, and you are involved in a self-defense shooting, you are obviously going to need a lawyer. This is one number that anyone who carries a gun for self defense should have on him. I am guilty of not having this info, which is why I'm making this post.

Who do you call? Obviously you don't want to trust your next 20 years to someguy out of the yellow pages. Is there a directory of lawyers who specialize in self-defense cases? It would be nice to have this info if you ever needed it.

[Marswolf]

I think this is an excellent topic.

Wish I had a good answer for you.

[Guest DEIMOS]

The Shooter's Bar

[Marswolf]

Notice that there is no one from Tennessee? Not even the lawyer who heads the TFA.

[Guest DEIMOS]

sorry, did not look at the list. I got the link from TFL. There are several posts about this subject.

[molonlabetn]

I would be calling Mr. Harris (615-244-6670), as a member of the TFA, for a reference. I'd also likely get ahold of Nimmo, Hoehn & Nimmo (615-244-2244) http://www.nimmolaw.com/PracticeAreas/Firearms-Rights.asp

Simply calling the NRA would probably be a good idea... I'm sure they have references.

I also know, and have a few friends who are, lawyers in TN... even though their specialty is not defending self-defense with a firearm, I would trust them to be able to point me in a proactive direction, if other avenues failed (in which case I'd be in deep doo-doo anyways)

[BIG ROB]

This is a subject that must be planned NOW. Rather than after you use your weapon. Glad to see you guys working on it now. Given the way our state is made up, you may want a lawyer that you can get in contact immediately. You may not have the same one if anything goes to court. Knowing someone to call anytime is a step in the right direction. Finding a good lawyer is the first step in protecting yourself legally. When you get in a confrontation you protect yourself in three ways. Personally, Legally, and Mentally. having a plan for all three will help you recover faster.

[Guest GlocKingTN]

It would have to be someone with experience for sure. Because you are talking about your life. Around here, not sure either!

[TGO David]

I do have an attorney that I've used for other matters in the past. She would do in a pinch and I trust her to refer me to one of her peers who might be more versed in this area if she herself wasn't up to the task.

[Guest ProguninTN]

Those who have posted, do you have a contingency plan for when you travel ? You may need to use your weapon in another state, and your preferred attorney may not have passed the bar in that state. Do you get NRA recommended lawyers ? Is your lawyer admitted to multiple bars ? Do you petition the court for pro hac vice counsel ?

[wjh2657]

I have a prepaid legal service. One toll free call anywhere in the U.S. and I have a lawyer rolling. Shop around there are several good services in every area. By the way, this was covered in strong detail at our HCP classes in Galatin. Recommendation was a lawyer on retainer (Can be expensive) or legal service ( usually cheaper but just as effective.) I have laminated card in wallet right under HCP that I hand to LEO, smile, shut up and call my service. You need t have a pre-planned legal backup if you carry!

[Guest nraforlife]

Legal fees could eat you up. Need a bunch of atty's that work pro bono on cases

[BigPoppa]

Take a look at John M.L. Brown. He is an attorney and firearms instructor. He is on retainer by the Nashville FOP Chapter for their LEO involved shooting incidents. John is our kind of people.

www.prifirearmstraining.com

[VERO1]

Wasn't it this board, an attorney from the Nashville area joined a few months back? I seem to remember he had a web sight and blog and had written some legal defense things for shooters, HCP, etc. Or maybe, I am just going nuts.

[Guest Revelator]

Wasn't it this board, an attorney from the Nashville area joined a few months back? I seem to remember he had a web sight and blog and had written some legal defense things for shooters, HCP, etc. Or maybe, I am just going nuts.

That would likely be me. Memphis, actually. I have not written a blog in several months but I still have some gun-related posts on my site: patrickstegall.com. I'm also now on Shooter's Bar--the only TN lawyer!

[DaveTN]

You don’t necessarily need to talk to the lawyer you are going to use; I doubt you are going to talk to a big name attorney in the middle of the night. However… if you are going to invoke your right to talk to a lawyer; you are going to need to talk to him right then.

The decision of whether or not you are going to trial could very easily be determined in the hours after the shooting. If you have a clean shoot; you have to make a statement to the police.

You also need to discuss this with an attorney you trust. Refusing to make a statement in a good shoot is as reckless as making one in a bad shoot.

I don’t have a local attorney I could call. But I’m pretty confident that I won’t be in a questionable shoot; so I’m confident I could make a statement. If my shoot was bad or questionable I’ll have to make a call out of state and wait until they can get me help.

I know the name John Harris and have his number but I doubt I would get to talk to him at 3AM.

[Guest Todd@CIS]

Take a look at John M.L. Brown. He is an attorney and firearms instructor. He is on retainer by the Nashville FOP Chapter for their LEO involved shooting incidents. John is our kind of people.

www.prifirearmstraining.com

+1

John is squared away.

[DaveTN]

+1

John is squared away.

Got any recommendations on Rutherford County attorneys?

[Guest price g]

We have an attorney that shoots the matches with us. I will ask if he is available and pass info along.

[Guest canynracer]

That would likely be me. Memphis, actually. I have not written a blog in several months but I still have some gun-related posts on my site: patrickstegall.com. I'm also now on Shooter's Bar--the only TN lawyer!

OK Patrick...IF the unthinkable happens...do you have a 24/7 number?

LOL

[Guest Revelator]

I think I'm gonna duck that one. There's not a whole lot a lawyer can do for you in the middle of the night except to tell you to keep quiet, and hey I can tell you that now and won't even charge you for it. The worst thing that can happen after a shooting is you get arrested. Whether that happens is going to depend on whatever evidence the police have when they get there; it's certainly not going to depend on whether the lawyer's there or not. It's not like your lawyer could argue with the police when they go to take you away.

[bteague2]

Officer I wave my phone call in exchange for a PM on TGO.

[DaveTN]

I think I'm gonna duck that one. There's not a whole lot a lawyer can do for you in the middle of the night except to tell you to keep quiet, and hey I can tell you that now and won't even charge you for it. The worst thing that can happen after a shooting is you get arrested. Whether that happens is going to depend on whatever evidence the police have when they get there; it's certainly not going to depend on whether the lawyer's there or not. It's not like your lawyer could argue with the police when they go to take you away.

That’s your legal advice?

It’s a homicide. The question is whether it is justifiable or not. If it’s justifiable the Police need to hear that from your client.

The people here have had it beat into their heads not to make a statement until they talk with an attorney. They need to hear you tell them in a good shoot its okay to make a statement.

No point in them possibly spending the night in an interview room because you can’t have your sleep interrupted is there?

[Guest Phantom6]

This is a question that comes up in every one of the classes I teach. If it doesn't, I bring it up. My answer which has been endorsed by attys. that have taken our courses is very similar to the way I choose medical specialists.

Most of us know an atty. or two. He or she may have assisted us with a will, property transfer, contract negotiation or we may know them socially. Call 'em up or if you see 'em out ask this simple question of them: "If you had to use a gun to defend yourself and/or someone you love and shoot someone to save a life, who would you use for your defense in a criminal investigation?" Years ago I asked this question of a civil atty. that I have used for a variety of little things (wills etc.) in the past and after pondering on this question for a moment or two he came up with two names. One was well known and handles a lot of high profile cases throughout oru area and the other I had not heard of but Harry seemed to place an awful lot of trust in him. I called each of these fellows and told them I needed simply 10 minutes of their time and set up an interview. After speaking with both of them I chose the one that I was most omfortable with and carried that gentleman's card in my wallet at all times. We are not friends but are certainly acquaintences and he knows me by name. I see the guy once or twice a year socially and always make it a point to speak with him but never about legal matters because we're not at work. I always remind him that if I'm ever in a bind I'm calling him to which he generally answers with something like "I'll be glad to take care of you".

I try to ask this "who would you call?" question of most every attorney I meet if the circumstances allow. My guy's name comes up a lot and I'm pretty damned comfortable with that. I now keep two other atty's cards in my wallet. These are my "bull pen" in case someone is out of town on a case or on vacation. If the time ever comes that I need these types of services these guys and gal will probably get the call from my wife or a close friend as I only get one call and they can continue to make calls until they reach someone.

After a defensive shooting incident I'm only making one statement which will cover three very important topics in the order I provide them below and then I ain't saying another word until I talk with my atty.

1. I thought he was gonna kill me!
   
2. I'll be happy to provide a statement after I talk with my attorney.
   
3. I don't feel so well. My heart is running like a freight train. I think I need to get to a doctor.
   

What have I done here? Well my first utterance indicates that I firmly believe that I have met the threshold for the use of deadly force under Tennessee law. Secondly Miranda is now in play as I have invoked my 5th amendment rights regarding self incrimination and finally I asked to be placed into a physician's care which will a.) make sure that I am physically OK, b.) provide a medical record for grand jury or trial that I was not impared by alcohol or drugs and c.) kept me "out of the box" until my attorney can get to me.

Edited October 20, 2008 by Phantom6

[Guest canynracer]

Thanks Phantom...your 3 points are exactly what I was taught in my class, except switch 2 and 3....

"I thought he was going to kill me, I need to go to a doctor" and while in the ER "I will give a statement when I have an atty present"