January 27th, 2010
Just kidding. Yes, I am a lawyer, no, I’m not going to ruin the internet. Not even lawyers can do that (unless you’re working with the feds and media megacorps to destroy net neutrality, then, yes, you actually could ruin the internet. But I’m not that kind of lawyer).
What kind of lawyer am I? One that thinks he doesn’t get enough time to speak his opinions in court and therefore must also submit the internet to his ramblings?
Sure. But I’m so much more than that. I’m a lawyer that cares.
Too fantastical? Too cliche? Too much like a car salesman or a lawyer that says he cares just to get your business and your money?
While I do enjoy getting paid, that’s not the reason I got into this biz. I did it because I’m passionate about the law and because I’m passionate about making sure the law serves the public in the manner they deserve. We live in one of the greatest countries in the world, but even so, the system, as I’m sure you’ll agree, is dangerously flawed. I’m someone who seeks to avoid those flaws so you can avoid unnecessary upset in what matters most…your life.
Here I’ll be posting about contemporary legal issues in a not so legal manner. Legal mumbo jumbo doesn’t exactly cause site traffic to spike, but entertaining insight on current events in the legal community may. So, check out my “About Me” page to find out how many Circuits for the US Court of Appeals I’m licensed to practice law before (FYI, it’s a lot), and stick around.
Oh, and I’m also into Real Estate. In case you need a new place.
February 1st, 2010
Despite (good) Attorneys being able to persuade someone to see things from their point of view (or the point of view of their client), it is a different story when they are trying to get two separate people to come to an agreement. Particularly when the Attorney is not directly involved in that agreement.
Such is the case of the dreaded Mediation of divorcing marriages.
The purpose of mediation is to get the failing couple into the same room and negotiate who is going to get what when they separate. Hopefully, this is done without the use of any weapons, real or verbal. The problem is, Family Attorneys are trained in the intricate art of pillaging a wrecked life promise, not in the art of rebuilding rapport between two people who, quite possibly, have grown to genuinely hate one another.
A few reasons why immature couples can create mediation nightmares:
- The couple is so pissed at each other that they will not even speak, and if they are in the same room, the walls set on fire due to angry outbursts.
- One party is in so much denial over the divorce that they will absolutely refuse to cooperate, attempting to doom their mate to a true ‘until death do we part’ marriage of ‘Oh my god, get over yourself you needy, pathetic prick/bitch.’
- One, and in more electric situations, both parties are having an affair, and that adds a third or fourth level of cat-fight or wrestling match inducing verbal manipulation.
- One party is being so stubborn that they are not open to shared custody rights to the poor children they are putting through this, with complete disregard to what would be best for them. This is usually because that party is simply pissed, or it’s ‘inconvenient.’ Yes, having your child was ‘inconvenient.’
There is something called a collaborative divorce, and it is this mythical process where two fully-grown adults act maturely and recognize their marriage is ending, yet work in a civil manner to see that each party is looked after in the best way possible so they can move on with their lives with the least amount of stress and pain.
Yeah, those are pretty tough to come by. So, if you are a Family Attorney, and you cannot seem to find this holy grail of divorce situations, stick to what you are good at, and leave the mediation to someone who can actually mediate.
Like a therapist.
February 5th, 2010
Every once in a while, the media lightens up, especially on all things considered law, and there is a pleasant story to be told. This is one of those stories that I’m happy to bring you.
Family Law is a tough facet of the legal system, and it doesn’t take a genius for anyone to guess it’s because of the children. They didn’t ask for any of this to happen. They were born innocently into a dysfunctional marriage, and they can’t understand why it is that mommy and daddy are leaving one another. After all, most of the time they both love mommy and daddy, so doesn’t that mean that mommy and daddy should love one another too? And if they don’t, what does this mean for them?
Children are concerned about one thing in divorces that aren’t too dramatic, i.e. a collaborative divorce: How am I going to get to see both my parents and continue to lead the life I’m liking thus far?
Advances in the times require advances in the law. Prior to this decade, custodial arrangements were made regarding visits and phone calls, but nowadays we’ve got all sorts of ways to communicate…text messaging, cell phones, social media sites like Facebook, and causing the most uproar currently is video messaging. And here’s how it’s changing the game.
Before, parents who lived in separate states or were not granted the visitation rights they would have liked, are now turning to services like Skype to connect with their children on a regular basis. These “video dates” are priceless to both the children and the parent, and really keep together what otherwise would have been the end of a father/mother figure. While specific laws and decisions by judges are still being ironed out in order to make sure such virtual visitations aren’t damaging or upsetting to the children, it’s still an amazing step in the right direction to transmute turmoil into harmony.
February 9th, 2010
See, even lawyers can think outside of the box! What’s a good way to get the attention of your local district court and its citizens when you want to be the next judge? Run for the election!
No, seriously. Run for it. Get your ass out there, rock those short shorts, and haul yourself across the entire god damn county. And do it with a smile!
Brad Morris, a distinguished family law attorney, mediator, and former associate judge (and apparently passionate long-distance runner) is making a statement this election season by literally running for Judge. His reasoning behind actually makes sense too. He’s out there to get a solid sense of the county, its layout, its citizens, and its needs. He welcomes all citizens of Harris County to stop and say hello, letting people know when he’ll be running and what routes he’ll be taking.
What a trooper. I hope the guy makes it. If I ran for Judge…well, I’d just sit on my ass and have someone make me commercials. Go Morris!
October 30th, 2010
After you have decide to finally end your relationship and make the separation of ways into legal actions, the next thing to do is understand what will happen, what are the things that you need to do and what are the circumstances that may occur for such act. The following are basic guidelines on divorce family law that will help you gain more perspective about what is it to expect and what are the legal considerations accompanied by marriage dissolution.
Filing of petition for divorce or separation. After you have gathered all the necessary documents and legal papers, the nest step to take is to file the petition for marriage dissolution in court. The petition is then serve to the respondent and he or she will be given a period to respond. He will be given the chance to comply with the said petition and seek legal assistance from an attorney Divorce family law varies from different state and country, depending on what the law dictates either party may ask for orders from the court such as temporary orders for child support.
Discovery stage. After the petition is filed, the nest step for most divorce family law is the gathering of all the necessary information such as marital property and assets. Bank statements and other legal documents may be submitted and needed at this stage.
Mediation. If both parties have arrived into a mutual agreement regarding how the property will be shared, the custody of minor child or children and alimony that will be given if the state requires for it, they may opt not to proceed for court hearing. But in cases that either or both did not agree to go for out of court settlement, then preliminary hearing of the case will take place.
Depending on each state, family divorce law may vary but most likely the process is almost the same.
November 1st, 2010
Litigation lawyers are the lawyers that deal with bringing a case through the court process. They litigate on behalf of a client or defend a client if a lawsuit has been filed against them. They work for a contingent fee which means if they do not win they do not get paid, so they usually though have some charge the client has to pay before hand. Many people who see lawyers go to litigation lawyers to get started in the legal process. Seeing one of these lawyers you can get advised in what to do and who to go to in your next step. There are many types of litigation lawyers that deal with certain cases and guiding them through the court process.
As stated there are many types of litigation lawyers for different types of cases. Mainly though they deal in a lot of personal injury cases against big and small companies, and this seems to be the litigations lawyers’ top niche. Some lawyers work alone while others have a team in which they then file the lawsuits to companies for their clients. The types of litigations are :
Medical Malpractice litigation
Divorce litigation (to dissolve the marriage to not have it exist at all on record.)
Picking any type of lawyer is important. With ligation lawyers it is no different, yet a bit different depending if you are a defendant or a plaintiff. The litigation process can be very long and tedious which can cause a lot of stress, and you may be out to win, win win. It is best to have a game plan and how much you are willing to fight. Always talk it over with your lawyer that is what they are their for to represent you, or to defend you.
January 3rd, 2012
There are a lot of funny legal words that a lot of laymen don’t quite understand, but we’ve got our fun, epic names too. Judge isn’t all that epic…unless you’re the Supreme Court Justice. That’s epic. Attorney, Lawyer, stuff like that though, they don’t really strike fear into the hearts of men and women. Unless the world knows for damn SURE you’re guilty.
So what’s to save this facet of government from boring titles? Enter Special Master!
What they do isn’t exactly as cool as it sounds, but I’m kind of a Star Wars guy myself, so I can imagine something cool going down when these characters get together. You might be asking “What the hell is a Special Master?”
Teach you, I will. (Yes, Yoda reference, forgive me).
Special Masters are experts in the field of Family Law, and they are the “go to folks” when shit gets hairy. They’re the old man (or woman) at the top of the mountain that has all the answers. When a third party opinion is necessary, and the Family Law attorney can’t seem to get matters settled on his own, he gets in line with all the other questioning Family Law Attorneys to meet these gurus.
Family Attorneys and their parties meet (and this is where I imagine cool things going down) once a month at “Special Master Sessions”, where they are given the opportunity to present their case to one male and one female Special Master. It’s like they’re entering some majestic temple where they will be bestowed with the wisdom required to carry about their grand journey…through the legal system.
It seems a bit extraneous, but a staggering eighty percent of cases that are presented to Special Masters are being settled without a trial, which makes the parties (and the Judges) very happy.
Maybe one day I could be a Special Master…
A young Family Law Attorney can dream, can’t he?