Tulsa Attorney Blog
Courtroom Best Practices: Managing Evidence and Documents Effectively
Do you have court coming up and you're not sure how to handle the documents and evidence? Attorney Carl Birkhead from Wirth Law Firm has some advice for you. It's crucial to make sure your attorney has all the evidence ahead of time, so you can go through it, make copies, and ensure everything is ready for court. Clean, unaltered copies are key, and originals are always preferred, especially for notarized documents. Avoid marking up or altering evidence, as it could be deemed tainted and not admissible. Trust the experts at Wirth Law Firm to guide you through your legal proceedings. Contact us for assistance today. Read more »Courtroom Best Practices: Stay Alert During Court Proceedings
In the courtroom, paying attention is crucial. As an attorney with seven years of experience, I've seen clients miss important details or even implicate themselves by not listening closely. Whether you're there for a trial or a procedural matter, stay focused. Take notes, ask questions, and communicate with your attorney. Your life is at stake, so make sure the facts add up. If something doesn't seem right, speak up. We're here to help you navigate the legal process, but we need you to be an active participant. Don't let distractions like phones or daydreaming derail your case. Stay present, stay engaged, and stay informed. Read more »Courtroom Best Practices: Navigating Confusion in Court
In the midst of a legal battle, it can be overwhelming to try to understand all the complexities of the courtroom. Attorney Carl Birkhead of Wirth Law Office shares some tips on how to navigate through a confusing situation. Whether it's bringing a notepad to jot down questions or simply talking to your lawyer, communication is key. Carl recounts a case where a client misunderstood the terms of his plea, resulting in unforeseen consequences years later. Don't hesitate to ask questions and seek clarification - it could make all the difference in your case. Let Carl and his team help make law easy for you. Read more »Courtroom Best Practices: Stay Calm and Collected
Are you in the middle of a very emotional and intense case and you're not sure how to handle yourself in court? My name is Carl Birkhead, an attorney with Wirth Law Office, specializing in family and criminal law. Today, I want to talk about keeping your cool in court, especially in emotionally charged situations. It's crucial to remain calm, rational, and articulate during testimony. I recently had a client freeze on the stand due to the gravity of losing parental rights. While it's normal to be emotional, it's essential to prepare with your attorney and seek support to ensure you can present yourself effectively in court. Remember, it's okay to feel, but it's crucial to stay composed during proceedings. If you need help preparing for court, don't hesitate to reach out. I'm here to help you navigate the legal process with ease. Read more »Courtroom Best Practices: Speaking To The Judge
Navigating the courtroom can be intimidating, especially when addressing a judge directly. In my years of practicing law, I've seen clients struggle with knowing when and how to speak to the judge. Remember to always address the judge as your honor and answer questions directly, without providing unnecessary information. Consulting with your attorney before speaking to the judge is crucial to avoid any missteps that could harm your case. If you find yourself in need of guidance before heading to court, don't hesitate to reach out for a free initial strategy session. Let's work together to make the legal process as easy as possible. Read more »Courtroom Best Practices: Testimony Tips
Are you feeling nervous about taking the stand in court? Don't worry, I'm here to help. I'm Carl Birkhead, a criminal and family attorney at Wirth Law Office in Oklahoma. When testifying, it's important to speak clearly and make sure your testimony is accurately recorded by the court reporter. I learned the hard way about the importance of speaking slowly and waiting for questions to be fully asked before responding. If you're ever unsure, your attorney can guide you through the process and ensure your story is heard. Remember, we're here to make the legal process easier for you. Don't hesitate to reach out if you have any questions. Read more »Courtroom Best Practices: Courtroom Behavior
Are you going to court and unsure how to behave? Attorney Carl Birkhead shares some do's and don'ts for courtroom behavior. Your non-verbal cues are just as important as what you say. Maintaining respect and composure is crucial, even in emotional situations. Carl recommends using a notepad to jot down frustrations instead of making faces at the other side. This simple tip can help you earn the court's respect and improve your chances of winning your case. Remember, proper behavior in court can make a big difference. Contact Carl at Wirth Law Office for more helpful advice on navigating the legal system. Read more »Courtroom Best Practices: What To Bring To Court
Are you heading to court and you're not sure what you should or shouldn't bring? My name is Carl Birkhead. I'm with Wirth Law Office and I want to try to help make law easy by helping you figure out how to navigate the court system and your role in it. Today I want to talk about what should you or should not bring to court. A lot of these videos in this series are going to be something that might seem like common sense, but honestly, it's a little bit more complicated than that. The obvious ones, don't bring guns, don't bring knives, don't bring incendiary devices or drugs or anything like that into the courthouse. That's not going to get you very far. You can bring your phone, and keep it silenced. You can bring your purse, your wallet, things like that. Just make sure that there's nothing dangerous in any purse or handbag that you're bringing. What you really need to be focused on bringing is whatever your attorney has told you will be helpful in court. I've had a lot of cases where I've told my clients, I need you to bring printouts of screenshots of text messages. I had a case a couple of years ago where I really needed a client to bring proof that certain deeds for land that he had purchased had been recorded with the county clerk. Didn't bring it, couldn't get it to me ahead of time, and didn't bring it with me to court. It made my job a lot more difficult trying to get through that particular hearing. Just check in with your attorney. If you've got court coming up, let's say you've got court coming up next Monday, by the Wednesday before that, touch base. Hey, I have court coming up. Do I need to bring anything? Is there anything that I need to be aware of? Is there anything that I need to say? That will really guide you better than anything else. But if you're unsure and you haven't gotten real clear advice or let's say you've got court tomorrow morning and it's 9.45 the night before court, obviously you can't call your lawyer and ask. If something comes to you where you're thinking, maybe I should have brought that up, just think to yourself, is it relevant to the case? If it is relevant to the case, how is it relevant to the case? And if it's relevant and you think that it's going to be beneficial, go ahead and bring it. I tell my clients all the time, that it's better to have it and not need it than it is to need it and not have it. We want to make sure that you are as equipped as possible to get the result that you're going for. Your attorney is going to do everything that they can to make sure that they're prepared on their end, but make sure that you are checking in and following their advice on what you need to bring on your end to make sure that you are absolutely prepared. If you have any questions about what to do to get ready for court or what to bring to court, please feel free to give us a call. My name is Carl Birkhead with Wirth Law Office and I'm here to make law easy. Thank you. Read more »Courtroom Best Practices: How To Address Court Staff
Are you heading to court and not sure how to act? As an attorney with Wirth Law Office in Oklahoma, I've got some tips to share. When addressing court staff, it's important to know your audience. Use Yes, your honor when speaking to the judge and be formal and polite with others using Mr. or Mrs. Last Name. If you're unsure, ask your attorney for guidance. It's easy to get caught up in the formalities, but being respectful and professional will go a long way in court. Remember, we're here to help you navigate the legal system and make law easy. Give us a call if you have any questions. Read more »Courtroom Best Practices: Don't Be Late!
Are you unsure of what to do or how to act in court? As an attorney with Wirth Law Office, I want to make law easy for you by providing some simple tips for navigating the legal system. One important tip is to always be on time for your court appearances. Showing up late can have serious consequences and may even result in a warrant for your arrest. It is crucial to be present and ready to participate in your case so that your attorney can effectively assist you. Remember, being punctual can make a huge difference in the outcome of your case. For more helpful tips, visit makelaweasy.com. Read more »Uncontested Divorce and Custody Cases: Simplifying the Process
Are you in a case where you think that you might have an uncontested divorce or custody case? My name is Carl Birkhead. I'm an attorney with Wirth Law Office. I've been doing this family law for about seven years, and I want to help you make law easy by describing to you kind of what it looks like to do an uncontested divorce or custody case. I just had this come up this week. My client came to the office and got all of his information. We're ready to file the paperwork and get the case going. And two days later, he calls and says that he's reached an agreement with the other side, which is fantastic. He says that they sat down, they hashed it all out, they wrote it all out. He wants to bring her with him to the office next week so that way we can go over the paperwork. Everything was great up until that point. I love it when my clients reach an agreement. I tell every one of my clients, that you should enter an order that you've negotiated and agreed to yourself where you had one hand on the steering wheel instead of having to be stuck with an order that a judge just shoved down their throat regardless of what your preference was. I'm all for negotiating an agreed settlement. That's beautiful. But I'm also for protecting my clients, and so I had to tell my client, listen, you can't bring the other side with you. Why? Here's why. Because this thing is called attorney-client confidentiality, it only works if it's just the attorney and the client. Sometimes in my meeting, I'll have my paralegal or someone in staffing with me taking notes. But confidentiality covers me and everyone in the office. It doesn't cover anyone that you bring in. It doesn't cover if you bring in the other party. It doesn't cover if you bring in your mama, your best friend, or your preacher. That kills confidentiality. More importantly, though, in this particular instance, if you're going to bring the other party in here, let's say the three of us sit down. It's me, you, the opposing party. We start going over the terms of the agreement. I start answering questions. The other side starts having questions. I answer them. Inadvertently, I'm going to end up giving legal advice to the other side. It's a huge risk. Even if I don't actually overtly give legal advice, even if I'm giving something that I'm just telling my client, but the other party hears it and relies upon that advice that they've heard from me, that creates an attorney-client relationship between me and someone that I never should have or wanted to have an attorney-client relationship with. Now, what's the problem with that? The problem is that as much as I love an agreed resolution, I love it when parties are getting along, I cannot just assume that you're always going to be getting along forever. If I've created an attorney-client relationship with the other side, then when you guys don't get along anymore, I cannot help you with your case. I'm conflicted about it because there's now a relationship with you and a relationship with them. I can't be that lawyer anymore. I love it when clients agree on their own. It makes me so happy, but my job is always going to be to protect you first and foremost, even sometimes if that means that I can't meet with everyone that you want me to meet with. In this particular situation, if you've got an agreement with your significant other or soon-to-be ex-significant other to try to resolve these issues, that's great. Just keep the communication between yourself and your attorney. If you have any other questions or you think that you might have an uncontested divorce or custody case that you want to chat about, please feel free to give us a call. My name is Carl Birkhead. I'm with the Wirth Law Office. Thank you. Read more »Understanding Guardianships: Exploring the Different Types
Are you considering taking guardianship of a child? Carl Birkhead, a family lawyer in Tulsa, Oklahoma, can help you understand the process. A guardianship allows you to assume custody of a child to ensure their well-being without gaining custodial rights. Guardianships can be voluntary, where a parent consents to temporary care, or necessary, when a court determines a child is in danger. In both cases, the goal is always to reunite the child with their parent once conditions improve. If you are in need of guidance on guardianship, reach out to Carl Birkhead at Wirth Law Office for assistance. Read more »Navigating Domestic Violence Cases: Essential Steps To Take
Are you in a domestic violence situation and unsure of how to navigate the legal system? Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, is here to help. Domestic violence cases can be complex, especially when it comes to criminal charges or custody battles. It's crucial to understand the rules and protections available to you, such as protective orders. One key piece of advice from Carl: do not contact the abuser, as it can harm your case and put you in further danger. If you need guidance on how to protect yourself and your loved ones, don't hesitate to reach out for help. Read more »Understanding Your Rights: How To Secure Grandparent Visitation
Are you a grandparent who wants to try to get some time to have visitation with your grandchildren? My name is Carl Birkhead. I'm an attorney with Wirth Law Office in Tulsa, Oklahoma. I want to talk with you a little bit about what is required to be able to establish grandparental visitation rights. We've been getting a lot of these calls lately, and it's something where, unfortunately, grandparents, parents, and grandchildren, there's not always harmony in that circle. Sometimes there's some bad blood between the parents and the grandparents. Sometimes there's just a little bit of confusion, and hurt feelings, whatever the case may be. But what it ultimately boils down to is grandparents are not being allowed to visit with their grandchildren the way that they feel that they should or the way that is best for their grandchildren. So what do you need to establish a grandparental visitation case? You need to show that, one, there's an ongoing and positive relationship between you and the grandchildren. It needs to be consistent, and systemic over a long period. You guys had a positive and loving relationship between grandparents and grandchildren. The second is you have to show that the parents are acting against the kid's best interest by denying that contact, that visitation between grandparent and grandchild. You have to show there's a presumption that the parents are acting in the kid's best interest, but it's a rebuttable presumption. You have to show by a preponderance of the evidence that the parents are not actually acting in the kid's best interest. The last thing you have to show is that the intact nuclear family is no longer a thing. Mom and Dad were never married. Mom and Dad were married but are now divorced. Mom and Dad were dating but split. Mom and Dad are, one of them is deceased or one of them is incarcerated. Or, in certain instances, it could be showing that there was an ongoing custodial relationship between the children and the grandparents, even if there was no order in place to that effect. Off the top of my head, if the grandparents lived with the kid for a little bit or something like that. It's not an easy process to establish grandparental visitation rights, but it is absolutely worth it. And it's absolutely the kids who benefit from these types of situations when we can reestablish that relationship between grandparent and grandchild. If you have any questions about this or you or someone you know think that you might need to speak with an attorney about these issues, please give me a call. My name is Carl Birkhead. I'm at Wirth Law Office. You can find me at MakeLawEasy.com. Thank you. Read more »Courtroom Best Practices: Silence Your Phones
Are you going to court and not sure how to handle yourself? Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, is here to help make law easy. In this excerpt, Carl shares some valuable advice on how to behave in court, emphasizing the importance of respect for the court, the judge, and other parties involved. He recounts a recent incident where a man's behavior led to him almost being arrested for contempt of court. Carl stresses the significance of being respectful and courteous in the courtroom, as it can greatly impact the outcome of your hearing. Reach out to Carl at MakeLawEasy.com for more guidance on navigating the legal system. Read more »Dos and Don'ts for Handling Protective Order Cases
Are you or someone you know the defendant in a protective order and wondering what to do in this situation? Carl Birkhead, an attorney in Tulsa, Oklahoma, shares his expert advice on navigating protective order cases. It's crucial to understand the do's and don'ts, especially when it comes to violating the protective order. Even seemingly innocent actions can have serious consequences. Carl emphasizes the importance of seeking legal guidance to protect yourself and avoid potential criminal liability. Don't risk making a costly mistake – reach out to a knowledgeable attorney like Carl Birkhead for help. Visit MakeLawEasy.com to learn more. Read more »What Is Discovery in Divorce and Custody Cases?
Discovery is a crucial part of the legal process, especially in family law cases like divorce and custody battles. As an attorney in Tulsa, Oklahoma, I understand the importance of gathering evidence to build a strong case. There are three main types of discovery: interrogatories, request for production, and request for admission. Interrogatories are open-ended questions that require thoughtful responses. Request for production demands the turning over of documents. Request for admission requires admitting or denying specific statements. These tools help attorneys gather information and strengthen their clients' cases. Understanding the discovery process can make navigating the legal system easier. If you have questions, don't hesitate to reach out. Read more »Probate Explained: What You Need to Know
Losing a loved one is never easy, and navigating the legal process that comes after can be overwhelming. As a representative of Wirth Law Firm, I understand the difficulties that arise when trying to handle your loved one's affairs. From dealing with personal belongings to dividing assets, the process can be confusing and emotional. Whether your loved one had a will or not, probate is essential to ensure their wishes are carried out correctly. Let me help you make this process easier for you during this heartbreaking time. Reach out to me at MakeLawEasy.com, and together we can ensure your loved one's affairs are handled with care and respect. Read more »Tips for Successful Court Appearances
Are you going to court for the first time and feeling unsure of what to do? As an attorney with Wirth Law firm in Tulsa, Oklahoma, I want to help make law easy for you. Whether it's a traffic ticket, divorce, custody case, or criminal matter, here are some basic tips for your court appearance. First, dress appropriately - think office attire, not casual wear. Second, never argue with the judge. Let your attorney speak on your behalf or keep your responses short and to the point. Remember, it's okay to be nervous, but always act respectfully and follow your attorney's lead. Visit MakeLawEasy.com for more information. Thank you. Read more »Steps to Take If Your Child Is Taken Out of State
When the co-parent of your child has fled the state with them, it can be a terrifying and helpless situation. Carl Birkhead, from Wirth Law Firm, recently dealt with a case where a parent absconded with a child who was primarily placed with the other parent. With DHS involvement and erratic behavior from the parent, an emergency situation arose. Through legal legwork, including obtaining a writ of assistance and working with local law enforcement, the child was safely returned to the client's care within three days. If you find yourself in a similar situation, don't hesitate to reach out for help. Carl Birkhead is here to make law easy for you. Read more »Deprivation Case: DHS or Child Welfare Child Removal
Navigating a juvenile deprived case can be incredibly overwhelming, especially when your children have been removed by Child Welfare Services. As an attorney at Wirth Law Firm, I understand the complexities of the legal process and am here to guide you through every step. From the initial show cause hearing to the possibility of a petition to terminate your parental rights, I can help you understand your rights and options. It's crucial to have a knowledgeable advocate on your side during this challenging time. Don't face this alone - reach out to me, Carl Birkhead, for support and legal guidance. Your children's future is worth fighting for. Read more »Navigating Custody Decisions: Sole vs. Joint Custody
Navigating the complexities of custody arrangements can be overwhelming for parents. As an attorney specializing in family law, I understand the differences between sole custody and joint custody. Sole custody grants one parent the majority of time with the child, while joint custody allows for shared decision-making regarding important aspects of the child's life. Whether it's joint legal or joint physical custody, there are various options to consider when creating a parenting plan that works for both parties. Every situation is unique, and I'm here to help guide you through the process. If you have questions or need assistance with a custody case, don't hesitate to reach out. Read more »NEW LAW Fixes Major Problem with Oklahoma Family Law Courts (HB 2478).
A new law in Oklahoma is set to fix a major problem in family law courts. Attorney James Wirth reports on HB 2478, which will go into effect on November 1st, 2024. This law aims to address delays in the family court process, particularly in Tulsa County, by ensuring timely hearings for temporary orders. The law mandates that parties are entitled to a substantive hearing within 30 days of filing for temporary orders, with a quicker timeline of 10 days for cases involving domestic abuse. This change is crucial in ensuring that families receive timely and fair resolutions in custody and visitation matters. Read more »NewsOn6: Paternity Actions Explained by James M. Wirth, Esq.
The Tankersley family has been fighting for years to get a birth certificate for their nine-year-old niece in Checotah. Without one, she faces a future full of obstacles, unable to get a job or a driver's license. The family has tried every legal avenue possible, but each one leads to a dead end. However, they refuse to give up the fight. With the help of the Department of Human Services and their determination, they hope to establish paternity through DNA testing as a last resort. Family lawyer James Wirth advises parents in similar situations to file a paternity action to legally establish parentage and obtain a birth certificate. Read more »What if Your Ex Uses False Allegations of Child Abuse to Get a Protective Order and Custody?
Experiencing false allegations of child abuse from your ex can be a devastating and stressful situation, especially when it's used as a tactic to gain a protective order or custody. Charles Attorney James Worth sheds light on the consequences for the other parent in family law court. Winning your case and proving the allegations false should be the primary focus, but there are potential punitive measures such as attorney's fees and perjury charges. It's crucial to gather evidence and seek legal advice early on to navigate through this complex and sensitive situation. Don't hesitate to reach out to an attorney for guidance and support. Read more »
