It's All About Green!

Legally Rambling (10/24/2009). Ok, so you got me – right from the start tonight - this post has absolutely nothing to do with the law. Yes, that’s right – break night - and I deserve one! Further, this post has nothing to do with the Green Movement. I’m not going to discuss the removal of Mahmoud Ahmadinejad. Old News! I’m also not talking about biodegradable toilet paper either. Been done! Now, I will save trick toilet paper for another night! So what am I rambling about tonight? Ok, buddy lets get down to business.

I am talking about the perception of which is evoked by light having a spectrum dominated by energy with a wavelength of roughly 520–570 nanometres. Ok, so if you still don’t know what I am talking about - in the subtractive color system, it is not a primary color, but is created out of a mixture of yellow and blue. Moreover, in nature the largest contributor to it is chlorophyll, the chemical by which plants photosynthesize.

Now Erma Bombeck once noted that you should “never go to a doctor whose office plants have died.” I agree – what’s up with people who can’t keep a plant green! I mean tonight I was watching the UT – Missouri game and just after UT scores I look to my right and sitting on my brother’s table is a dead house plant! Come on, it’s not like you have to house break it, take it for a walk, or to the vet! It’s just a plant! Sunlight, water and love! And, frankly if you can’t keep it green and care for it you should not have one. Period. You know some people are dog people, some people are cat people, hell some people are even fish people, but if you are not a plant person or are not responsible enough to care for one you should not have one! Face it - plastic flowers were made for people like you.

And why do people just leave the plants where they die – it’s not going to come back from the dead! No more green! It reminds me of another great problem – carved pumpkins on the porch weeks after Halloween.

Some People … Ramble On!

Push

Legally Rambling (10/22/2009). Even as a lawyer, I am shocked at times about how long it takes to get things done. I realize that we live in a society that believes in the magic button, but sometimes, you just have to get out and push to get the job done. If you think about it, you realize that it’s all about the extra effort – the last few yards.

Now, Jacques Cousteau said that “every morning I wake up saying, I’m still alive; a miracle. And so I keep on pushing.” It seems to be a key character trait of people who are very productive. You know, Rene Descartes stated that “You just keep pushing. You just keep pushing. I made every mistake that could be made. But I just kept pushing.” I kinda feel like good old Rene!

It’s a good lesson for very young lawyers. When you hit the wall don’t stop – go over it! Keep pushing! In fact, push until the case is done and the last fee earned! You will be told no, can’t be done, don’t have time … etc. Push!

In my office I encourage the “push.” It helps the tempo - quickens the flow, opens the flow of information and means we get more done. It works both ways – associate to partner/partner to associate! My staff can push with the best of them and I appreciate that!

Push ahead … and Ramble On!

Cheerios

Legally Rambling (10/21/2009). I am in the direction business. You see I point people in the right direction on a variety of legal and life issues. The trouble is unlike Harry Potter, I don't have a magic map. Of course, I pray a lot!

Life happens at a million miles an hour today. I think that far too often we wait for some burning bush to provide direction in life and none comes - so we wonder what next? We stop on the street corner of life and just watch the cars go by and we wait.

We think that there has to be some magic message! Kinda like Peter in Family Guy - Peter: Brian look! There's a message in my alphabits: it says "ooooooooooo" Brian: Peter, those are Cheerios. Yes, just Cheerios! Then again, alot of life - if you really think about it - is just Cheerios! But you know, if you keep searching for the message you miss the rest of life!

Sometimes events happen that you don’t want to happen, but you just have to deal with them. You have to accept them and move on! I believe what happens next of course is up to you! ………….. Ramble On!

Lawyer and the Listening Game

Legally Rambling (10/20/2009). My little compadres are not home this evening so the Wright house has a strange unfamilial quiet. What to do? Perhaps the Orionids?

If you don’t known, the Orionid meteor shower will peak tonight. The showers occur from October 17-25th and will peak on October 21st (tonight) and 22nd when 20-25 shooting stars should be visible each hour. Unfortunately, the Lord has dictated that a high cloud deck is present so I will not be watching the show tonight. The scope, neglected yet another night!

Now, one of the things I have witnessed over years of practicing law is that lawyers love to talk. I am no exception. I love to tell stories. I love to make people laugh. I love to laugh! I love to bug people. I just love to talk. Yet is this really what should be going on?

Tonight, when I was attending a group meeting, I didn’t really say a word the entire night and toward the end of the meeting one of the participants said don’t you want to say anything and I noted that “I was just playing the listening game!” The group laughed! It’s a good illustration that even lawyers need to listen.

I believe that lawyers should not only listen, but should ask their clients the questions - What can I do for you? How can I legally serve you? Try it! - It could change your practice!

The next time you see a family member - spouse, parent, child or even significant other - ask the questions - What can I do for you? How can I serve you? Try it! - It could change your relationship!

I will take it a step further, why don’t you ask these questions of the next person you meet on the street. What can I do for you? How can I serve you? Try it! - It could change a life!

Ramble On … (Listening Mode)!

Pop Goes the Weasel

Legally Rambling (10/19/2009). Ok, so normally a story that involves storm chasing, the Roswell crash and the world ending in 2012 would get my attention, but one that involves child exploitation really makes me angry! If you don’t know what I am talking about it’s the “Heene spectacle” or in the vernacular- “Balloon Boy” – enough said!

Now, at last glance, it is my understanding that child protective services (CPS) had been contacted to investigate the well being of the Heene’s children. Hello! Richard Heene has always professed that aliens are humanity’s ancestors! I also read that he wanted to ride a motorcycle into a tornado! Who stopped this guy!

What’s amazing is that no one thought anything was up when Heene began to build a helium balloon in his backyard. It appears that he assembled it with foil, rope and duct tape. Well, I wonder what I can build in my backyard? At last, after two thousand years of research, the illudium Q-36 explosive space modulator! Come On!

What is really obscene is that his guy appeared on national television and acted shocked that his child vanished in the balloon. Who was watching the child?

My understanding is that the pending charges on the Heenes include, conspiracy, contributing to the delinquency of a minor, making false reports to authorities, attempting to influence a public servant … etc. The authorities are also seeking restitution for costs. I hope they have good lawyers! I can’t wait for the federal charges, because Heene also called the FAA. Yes, that’s all we need - a guy that can build a balloon in federal prison! Perhaps this is just the break all the stock fraud guys need!

Hey, I am a big believer in the “presumption of innocence” and can’t wait to watch it at work in this case, but … I hope he likes Johnny Cash! The Balloon and Weasel just went pop! … Ramble On!

Viagra or Rogaine

Legally Rambling (10/18/2009) Sitting out under a beautiful sky tonight, and like most modern astronomers - I’m cheating by using a Starry Night program to assist with my view of God’s canvas – what a beautiful picture – Jupiter in Capricornus toward the South, the kids asleep – the house quiet. Some live John Mayer on my iphone. A great Sunday night!

Since its Sunday night, I thought I would take a break, bring up the house lights and bring out the stool (proverbially speaking) and well just ramble under God’s canvas.

Now when most folks hit forty (even though it’s the new twenty), you start to question a lot of things. If you are a guy you kinda look at each passing Porsche with greater interest. If you are not married you wonder if you ever will. If you are divorced you wonder if you will marry again. If you have never found true love - well you wonder if - the “one” is still out there. Like Mayer I’m still looking for the “one” – yes the “I’ve got your back kinda love” according to Mayer. As Mayer states “it’s the last thing I have to check out before I checkout!” I agree. But for a guy should the forties essentially just boil down to a Viagra or Rogaine or both – question? (OK so I knew the title would suck you in!) I’m still a romantic at heart and I do believe that love is the most powerful thing in the world, but I think not. I think it involves a much more important question.

An interesting note is that one of the greatest legal traps in the history of the world is found in the book of Matthew and involves love. It begins when an expert in religious law tries to trap Jesus with this question – “Teacher, which is the most important commandment in the law of Moses?” Jesus replied, “'You must love the Lord your God with all your heart, all your soul, and all your mind.’ This is the first and greatest commandment. A second is equally important: ‘Love your neighbor as yourself.’ The entire law and all the demands of the prophets are based on these two commandments.” Matthew 22:36-40. So legally speaking, based upon a strict reading of religious law - it appears that all love should begin with a love of the Lord your God.

I have been asking this question on a personal level lately, but how is your walk? .............Ramble On!

Sticks in the Spokes

Legally Rambling (10/17/09) This morning, I am up early, playing the early morning game that seems to get more difficult with age – “where is my coffee cup?” Yes, cat and mouse with a coffee cup! Now, it’s not that I intentionally misplace my cup, it’s just that I get distracted. Life as we all know it - is full of a lot - of little distractions – lots of “sticks in the spokes.” Things often left undone, missing things, unfinished dreams, problems and the like.

Now, when I was a kid, sticks in the spokes of a bike seemed neat – they made a lot of noise and looked cool!

But as you grow older it's amazing to look back on your ride – so to speak - and find the accumulation of a life of sticks. Some look pretty; some make a hell of a lot of noise, but let’s face it - most are just messing up your ride. They slow you down, call unnecessary attention to your ride – they are just obnoxious! They can also really get in the way of God’s ultimate calling for us.

I think that part of good lawyering at times is like being a good spouse, parent, priest, pastor or friend – you have to really get beyond the law and assist people in identifying and removing those sticks or preventing them from adding new ones. You have to speak truth beyond what’s in the law books. It’s tough! But, you also know at the end of the day there is no magic in the law – the courthouse is not The Magic House tm (hopefully the title to my book!) It’s in these rare instances of practice – often in unforgiving and tragic times that you have to hope that you will gain someone’s attention and inspire them to ultimately … change.

Ramble on!

My Friends Are My Estate

Legally Rambling (10/17/09) It’s late in Dallas, as I walk down the hall the tap of my shoes echos from the hardwood floors, the shadows and curve of the hall slightly concealing the entrance to the library and then before me, above the door one of my favorite quotes, “Nisi Dominus custodierit domum, in vanum vigilant qui, custodiunt eam” or as translated by Victor Hugo, “Unless God protects a house, they who guard it watch in vain.” Yes, Les Miserables has always been one of my favorite books. But, you know, even little Cosette grows up!

What a great entry to mark our return to the Wright library after a few days of rendering unto Caesar the things which are Caesar’s. Perhaps the happy feeling is fostered by jamming to Rob Thomas at a volume that will probably cause some minor ear damage, or wake the neighbors at the least, but it is the weekend – a clear day!

George Herbert stated it best when he said that “the best mirror is an old friend.” And, tonight Legally Rambling spent some quality time with the beautiful women and founders of the UNT Zeta Sigma chapter of Kappa Kappa Gamma – many old friends. Now there is a quote which goes something like this - “You meet people who forget you. You forget people you meet. But sometimes you meet those people you can’t forget. Those are your friends.” I am so blessed to call many of these women that sacred word - friend. So without being to paternalistic or appearing patronizing – I am proud of all of them for being such great life teachers.

You see in my practice, I see so many people concerned with their estates – accumulation, distribution, taxation … etc. Money! So does an estate in life really deal only with accumulation of kingdom and treasure? I think not! A great life lesson - an estate in life consists of much, much more - it consists of building community. I believe that Emily Dickinson nailed it when she stated - “my friends are my estate” Thanks guys! and of course … Ramble On!

Big

Legally Rambling (10/11/2009). A cool, misty day in Dallas, but Legally Rambling and Oprah both made it to the State Fair of Texas today. Now while I was at the State Fair the idea that kept coming to my mind was "Big." I'm not talking about Carrie Bradshaw - Big, or Tom Hanks - Big, but well just big!

It all goes back to family vacations with my grandfather. We would be sitting on a beach and all he would want to do was point out all the really, really "big" people on the beach. Or, if we went to the grocery store, he would exclaim - "look at that person over there - big." Now he didn't do it in a mean way, and I'm sure he would have been best friends with all of these people - their size well, it was just interesting to him. Just like every newspaper article about big people that he ever saw.

So, as I was thinking about my grandfather today and contemplating whether to write on this topic, I was about to get on the adult hang-glider ride with my eight year old son. Like any good lawyer, as I was waiting in line I read the legal on the ride. And, in front of my eyes was this statement, and I paraphrase - "We apologize to some of our bigger guest that you will not be able to ride this ride as our harnessing will not fit you." I laughed! Big!

So why are big people so fascinating? Is it that pointing others out makes us feel better about well - us? Or, is it that we are fascinated about the differences in us all. I really don't know. What I do know is that I didn't see any really big people today. Yes, the State Fair has been cleaned up - I didn't even see the worlds biggest _________ (you fill in the blank) - no shows like when I was a young kid, but hey no dancing girls like they used to have in my grandfather's day. Progress - who knows - perhaps for another entry! What I did see today - a lot of interesting people!

I suppose that these same people look at me on a daily basis and say look at the guy in a suit - look a guy in a suit! Ramble On!

Sinatra Would Not Emoticon!

Legally Rambling (10/10/09). It's a quiet night in the Wright Library, a hint of Fall in the air, a little dark and damp, a few tweets of comfort from the cockatiel. Of course, the cats are no where to be found tonight - yet. Yea, it's a Sinatra night tonight, a taste I believe I acquired from my grandfather - also named Frank! I once saw Sinatra in concert - amazing! Even late in his career, the women were still going crazy. Now Sinatra once remaked that “I like intelligent women. When you go out, it shouldn't be a staring contest.” And, hey, Frank and I agree about that point, but you know, Frank never had to contend with texting. I wonder would Frank text or not?

As I was scaning the news this morning, during my third cup of Kona, I ran across an interesting article from Judy McGuire, entitled "Texting and your love life." If you are in family law, you are certainly familiar with how texting plays a huge role today not only at the start of a relationship, but also at its death. In fact, attorneys often have to read volumes of this stuff! I digress.

Now, as the article mentions, texting adds a great degree of complexity at the beginning of a relationship today. I mean do you text, e-mail, call .... And, this is a huge gender issue - guys just love to text and text and text. Women on the other hand - based upon my observations are still waiting by the phone. I have to admit, that I am truly a phone guy. I know that Asimov once noted that he loved writing because he felt it was "thinking with his fingers" but you know, I can't type to save my life, and I agree with the article, the text takes all the "possibility" out of the conversation. I really don't like to text. And, the hanging or unanswered text drives me nuts. However, is it that we are afraid to use the phone? I mean have our phones become like "hot lines" to only be used in times of trouble, discussions with family . . . etc? Have they become too personal? I think so.

Then there is the issue of emoticons. I really hate these things. When I have used them, I feel like I have put on a pink shirt! And, I'm not going to even get into the sexting issue. I mean, you handle one elder divorce case with sexting (including photos) and it's enough to make you scream - Enough!

Now, I have a lot of unanswered questions in life, but the one thing I do know - as fact, is that Sinatra would never use an emoticon - and from here on out - neither will I . . . Ramble On!

Nansy-Pansy

Legally Rambling (10/9/09) I awoke this morning to the pleasant sound of my iphone, a quick morning coffee and off to scan the morning news. The AP report noting that President Barack Obama had been awarded the Nobel Peace Prize. I thought WTF! Would someone please resurrect Vince Lombardi! This world needs some serious butt kicking! Lombardi of course was of the mind that “leaders are made, they are not born. They are made by hard effort, which is the price which all of us must pay to achieve any goal that is worthwhile.” What hard effort has actually taken place here? Another example of "nansy-pansy" behavior!

Now, it has been noted that the Nobel Prize was created by the final will of Alfred Nobel. The relevant portions of that will follow:

The whole of my remaining realizable estate shall be dealt with in the following way:

The capital shall be invested by my executors in safe securities and shall constitute a fund, the interest on which shall be annually distributed in the form of prizes to those who, during the preceding year, shall have conferred the greatest benefit on mankind. The said interest shall be divided into five equal parts, which shall be apportioned as follows: one part to the person who shall have made the most important discovery or invention within the field of physics; one part to the person who shall have made the most important chemical discovery or improvement; one part to the person who shall have made the most important discovery within the domain of physiology or medicine; one part to the person who shall have produced in the field of literature the most outstanding work of an idealistic tendency; and one part to the person who shall have done the most or the best work for fraternity among nations, for the abolition or reduction of standing armies and for the holding and promotion of peace congresses.

The prizes for physics and chemistry shall be awarded by the Swedish Academy of Sciences; that for physiological or medical works by Karolinska Institutet in Stockholm; that for literature by the Academy in Stockholm; and that for champions of peace by a committee of five persons to be elected by the Norwegian Storting. It is my expressed wish that in awarding the prizes no consideration whatever shall be given to the nationality of the candidates, so that the most worthy shall receive the prize, whether he be Scandinavian or not.

—Alfred Nobel, Alfred Nobel's Will

OK, so read it again! Am I missing something here! Look, I know that it is not Obama’s fault, and the controversy surrounding this award is amazing. I mean although nominated five times, Mahatma Gandhi didn’t even win this award! What was the Committee thinking? This is just another example of the "everyone gets a trophy mentality" that has developed in this global society. Where is the effort for the reward! Just look at the intent of the maker of this will, surely Alfred Nobel didn't intent for this to be a political award. He wanted it to act as an incentive to achieve a desired result - hard work to confer the greatest benefit to mankind.

Now, Harry S. Truman noted that “the reward of suffering is experience.” So as a “world” are we now discounting the merit of suffering and hard work? It appears so. And what will ultimately happen to our life experience?

This situation appears to be a local to global problem. Yes, the celebration of mediocrity. Case in point, a few weeks ago, while my son’s soccer team was killing the other team, the coach looked back toward the parents and informed us that he was going to have to shut the team scoring down. You see he had been informed by the league that if we out scored an opponent by more than five points that we could be sanctioned! What! Stop hard work! Let the kids play. Sure someone has to win and lose! In fact, losing on this small level teaches the kids to rise again and again. As Lombardi also said “the greatest accomplishment is not in never falling, but in rising again after you fall." And, in real life, the kids will soon learn despite the Nobel Committee's example today that if they want success and awards in life they will have to work for them - no one is going to just give success to them.

As Dicky Fox states in the movie Jerry Maguire, "hey ... I don't have all the answers. In life, to be honest, I have failed as much as I have succeeded. But I love my life. I love my wife. And I wish you my kind of success." And, Dicky Fox was no - nansy-pansy ... Ramble On!

The World As It Will Be

Legally Rambling (10/8/2009) At last, another night in the Wright library, a cold beverage, the cats asleep on the rugs and the peace that comes among the piles and piles of books - collected since I could beg my parents to take me to the book store. And to set the mood, the slight hint of Mussorgsky’s Pictures at an Exhibition for background music. I am just waiting on the rain. My book collecting is not just an interest, but a serious addiction in a good way – self education, the best kind.

Now one of my favorite writers, Isaac Asimov once stated that, “no sensible decision can be made any longer without taking into account not only the world as it is, but the world as it will be.” His contribution to the law regarding the field of robotics I believe has yet to be felt by the general public. In case you don’t know what they are:

1. A robot may not injure a human being or, through inaction, allow a human being to come to harm;

2. A robot must obey any orders given to it by human beings, except where such orders would conflict with the First Law;

3. A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.

In fact, I believe that the earliest recorded use of the word, “robotics” is attributed to Asimov’s short story Liar. OK, so a serious digression.

Now what really intrigues me, if I think of “the world as it will be,” is the field of Virtual Law. In fact, one of my virtual friends, Benjamin Duranske, has written a book published by the ABA regarding Virtual Law as it applies to navigating the legal landscape of Virtual Worlds (like Second Life). My office is really sick of me talking about virtual law, but I am really not interested in governance, contract, civil procedure, criminal law … etc., as it applies to virtual worlds, but really what happens when you die. I mean don’t get me wrong, the legal issues regarding financial fraud, gambling, stalking, sexual age play … in a virtual world are fascinating legal issues, but what about virtual probate. I mean my Avatar is right where I left him in Second Life. What if something happens to me? Don’t I need a virtual will? What happens with all my virtual stuff or property?

Now, when the world wide web becomes the world wide mesh in the next few years, immersive virtual reality worlds will make Face Book look like pong did when I was a kid. Imagine for a minute, you won’t just look up your friend’s status to see what he or she is doing, you will enter the coordinates of their virtual location, be teleported there and enter their virtual house to have a conversation in VR. I honestly just want a virtual lanai where I can change islands. In fact, Ray Kurzweil states in his book, The Singularity is Near, that by 2030, “nanobot technology will provide fully immersive, totally convincing virtual reality.” As I write about 60,000 people are immersed in the Second Life virtual world. Just think of the implications for long distance virtual speed dating!

So, with all of the above being said, I have been thinking of becoming the first virtual probate judge – if one doesn’t already exist. Not a bad gig, I don’t have to take the pay cut, I don’t have to campaign, and I can make my court a hip status place to probate like some of the early English probate courts. It would be the probate court for the entire virtual world!

In closing, you have to admit that my wishes regarding virtual probate law are pretty tame when you consider that “Experience Beamers” are also in the not to distant future – when combined with fully immersive virtual reality - heck I might also climb K2 as well … Ramble On!

Anywhere But Here

Legally Rambling (10/7/2009). I sat on the chaise lounge chair, watching through some toy plastic binoculars, the whales traverse Manele Bay, their misty spouts, the only thing breaking the reflection of the coming evening on the bay. The wind was slightly blowing the palms against the exposed metal rail of my lanai, the condensation trailing down the neck of my Long Board beer, the temperature perfect - I was at peace. I was in heaven.

Then the crack of reality broke my day dream – 7:45 a.m. – Dallas, stuck at the intersection of Northwest Highway and Abrams Road, again. I have hated this intersection ever since I could remember to hate this intersection. It has to be one of the longest lights in the City of Dallas and has become one of the major road blocks in my life. You see it stands at not quite the midpoint of the daily commute between my house and my son’s school. It has become for me a great impediment, one of life’s obstructions – I thought “anywhere but here.”

I then thought what a great example this intersection provides. You see - each of us suffers from some great impediment in this life whether in a relationship, job, family problem, addiction, lawsuit … the list goes on and on. I see it in practice all the time. Yet, most of us stop at that red light and wait … and wait … and wait. We fail to change. Sure, we are all imperfect beings. However, this situation is also very interesting, very personal, because if you think about it, every experience in your life has prepared you for this very second in time and space and has brought you to this place. You are right where God wants you to be. Think about that for a minute … just think …. So what do you do? In Confessions of a Winning Poker Player, Jack King states that “few players recall big pots they have won, strange as it seems, but every player can remember with remarkable accuracy the outstanding tough beats of his career.” So do we just focus on our losses in life?

Now, composer, musician and film director, Frank Zappa, once stated “without deviation from the norm, progress is not possible.” I was taught growing up that you should never ever quit. Yet, the older I get the more I realize that deviation from the norm, or quitting in some situations, is acceptable. In fact, Sir Winston Churchill once stated that “there is nothing wrong with change, if it is in the right direction.”

So tomorrow I’m taking a different route and discovering the fruit of the other possibilities in life that that decision bears.

Ramble On!

Party In The U.S.A.

Legally Rambling (10/6/2009) Today as I was waiting in line at Wendy’s for a very healthy lunch, I was jamming to the latest song by Miley Cyrus. As I was listening, the thought occurred to me - why do I like this song? Hey, I thought it’s OK to like this song! Perhaps because I was listening to it really loud, or perhaps because it doesn’t make me feel so darn responsible. It makes me feel younger.

As Ferris Bueller once opined – “Life moves pretty fast. You don't stop and look around once in a while, you could miss it” I mean one minute you are watching Cookie Monster (“Me not *take* cookies, me *eat* the cookies”) and then you are trying a case in front of a judge or jury. Wait – what just happened? Life does move fast.

But growing old doesn’t mean you have to - well - act old. I mean look at Brett Favre, last night’s performance is just another indication that forty is the new thirty, or for me - hey, the new twenty! I mean ABC’s new show Cougar Town is even sporting “40 IS THE NEW 20” shirts for sale on their web site. Even the U.S. Army is getting into the act. My understanding is that the maximum enlistment age is now forty-two! Yes, my bet is that 40 is the new 20. I like the math here people. My understanding is also that insurance mortality tables are also being adjusted up – 120 years. Why? – it’s because people keep outliving the table!

So for someone in law school, this is really great news. Think about how much of your time between age twenty to thirty is dedicated to your education and professional development. If you think about it a lawyer’s education and professional development practically wipes out the entire decade. In fact, for most of the time during that ten year period you are just trying to figure it all out and it sucks! So that’s where all the time went during that decade of my life!

Now don’t get me wrong, if I think about it, armed with the professional decrees and the life knowledge and skills I have acquired over the last forty plus years – being twenty again sounds pretty good. Hey, I’m no Zac Efron, but Seventeen Again sounds fun as well. However, since I just started running again, my body tells me I am definitely not 20! But, the good news if you really think deeper - as my great aunt Zula Patranella, who lived to be 100 would state - “age is just a state of mind.” True each of us are much more than any age!

Ramble On ……You still have lots of time!

The Greatest Adventure

Legally Rambling (10/5/2009). My practice brings very interesting people into my life and often, very often, they leave my life as well. Sometimes in very short order. You see, as Victor Hugo once put it - they take to the road on the great adventure. They die.

Now my Christian faith teaches me not to fear death. I don't - it's all faith ya know. But, so many people do. And, as a topic people flee from it as fast as they can. Perhaps it is why so many people die without a will. As I tell my clients “we are all terminal.” Or as the band Simple Minds states “no one gets out alive.” In simple accounting terms, it is in fact, just a timing difference for us all. So is fear the reason why so many people do not have a will? I believe so. Statistics continue to support the fact that 60% to 70% of the US adult population does not even have a basic Last Will and Testament. In my practice, it seems much higher.

Most clients don’t realize that even famous people fail to execute wills. People like Abraham Lincoln and former NFL star Steve McNair.

Perhaps it is because attorneys make estate planning so boring. I mean fill out the in-take form, basic docs, sign here, a witness here, a witness there. Boring! I mean think of all the really cool things you can do with your estate planning. Just disinherit someone for God's sake! Having your will prepared should not have to be pre-planning your funeral - it should be fun!

Recently, while my associate Lindsay Sherp and I were at the probate clerk's filing desk in Dallas county we were proclaimed to be the "fun" probate attorneys. Yes! We intend to live up to our new title!

Most clients don’t realize that your will provides a great wealth of information about you as well - the state of your family, your wealth, status … etc. It is in fact, a mini family information time capsule. Since it is generally a public document after being filed it can also provide a great wealth of information for genealogical research. I was thinking about placing a haunting provision in my will - "I WILL HAUNT ANYONE WHO READS MY WILL AFTER THE ENTRY OF THE ORDER APPROVING THE INVENTORY, APPRAISEMENT AND LIST OF CLAIMS" Come on people just a little probate lawyer humor! Just look at some of the early wills probated in the Probate Courts of Great Britian - just awesome! Yes, I have looked and they contain some really interesting provisions - lots of specific bequests. A while back, I even reviewed some historical wills in my own family. It was great fun.

In closing .... get a will, yes . . . get a will! ... Ramble On!

The Winds That Blow

Legally Rambling (10/4/2009). I stood in my office this Sunday afternoon, watching the rain fall, the traffic break and reflecting on the day, a nice separation from the law. Of course, it was a rainy, dark day in Dallas, but you know, the light still shines on ... it always does!

This Sunday morning, I had the opportunity to visit Watermark Community Church and listen to Dr. William Lane Craig defend Christianity. What a great mind and a very interesting intellectual and spiritual discussion. Since I am a collector of books, stories and word phrases in general, my mind grabbed a term that he used within the discussion to describe some men – “Sentient Moral Agents.” As a follower of Christ and defender of the faith, the responsibility immediately hit me – I am a Sentient Moral Agent who is also a lawyer. I also thought how many non-sentient moral beings exist in this world? Even - how many sentient a-moral agents exist? And, like a savory piece of mind candy I thought about it for the rest of the day.

I thought OK great here we go and in a Jerry Maguire moment, this picture came to mind:

“I’m finished, I’m fucked. Twenty four hours ago, man, I was hot! Now … I’m a cautionary tale. You see this jacket I’m wearing, you like it? Because I don’t really need it. Because I’m cloaked in failure! I lost the number one draft picked the night before the draft! Why? Let’s recap: Because a hockey player’s kid made me feel like a superficial jerk. I ate two slices of bad pizza, went to bed and grew a conscience!

Now, I’m not going to go all Maguire on you, because unlike Luther, I don’t believe you have to split from the law to effect change. I am not a cautionary tale or cloaked in failure – quite the opposite – cloaked in the one. However, since I love To Kill A Mockingbird, what really came to mind was actually Atticus Finch’s jury argument – it’s one of my favorites:

Now gentlemen, in this country our courts are the great levelers, and in our courts all men are created equal. I'm no idealist to believe firmly in the integrity of our courts and of our jury system. That's no ideal to me. That is a living, working reality.

So, I know what you are thinking (Sentient Moral Agents made me think of the Matrix as well) – that line from Morpheus in the Matrix next comes to mind:

I know *exactly* what you mean. Let me tell you why you’re here. You’re here because you know something. What you know you can’t explain, but you feel it. You’ve felt it your entire life, that there’s something wrong with the world. You don’t know what it is, but it’s there, like a splinter in your mind, driving you mad.

It’s the reason a lot of people go to law school, because you want to do something about this human mess that we have created! First, of all you can’t really do anything without Christ. It really has to start with Christ. Period.

So where am I going next with all of this? – well these ideas usually don’t come to me, unless I’m looking at my AstroView 120 EQ at the Orion Nebula, or scanning my favorite stars in that region (check out Betelgeuse – 10th brightest star in the sky and a supergiant – if it ever blows it could be like a second sun) and its really cold outside. That region has been an obsession since I was a kid. I digress.

Now one of my favorite books is A Man for All Seasons about Sir Thomas More and in that same book there is an exchange between William Roper and Sir Thomas More that I really love that goes something like this:

William Roper: So, now you give the Devil the benefit of law!

Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?

William Roper: Yes, I'd cut down every law in England to do that!

Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!

Yes, give the Devil the benefit of the law and use your training to defend the faith - resist the winds that blow in this world! As a Christian Sentient Moral Agent what a great privilege and responsibility ... Ramble On!

Gaps In The Day

Legally Rambling (10/3/2009) Between the soccer game, laundry (Yes, this lawyer does laundry) movie night, and general tomfoolery that visits my house when my sons are home (Ok, so I encourage the tomfoolery!), the gaps in my day today were filled with thoughts of "home." Maybe author John Ed Pearce has it right - "home is the place where you grow up wanting to leave, and grow old wanting to get back to." Perhaps it's that I want my sons to have the same experience that I had growing up in a big Italian-American Family. I am truly blessed with that experience.

Now, I am not sure that people realize that work-life balance issues are so great in the lives of most successful lawyers. Perhaps its the hours that negate the time for "home." Perhaps it's that lawyers deal with conflict all day long and yearn for that peaceful place to - well - not be a lawyer ("home"). A place to get out of the fire. I mean at times dealing with conflict in a family law case, or contested probate really makes me wonder whether these clients ever experienced the concept of "home" and if they did - what happened?, and more importantly can they get it back? It kind of scares me. If you practice long enough, you have to wonder if Robert Frost was really wrong. I mean, is home "the place where, when you have to go there, they have to take you in"? Or is the concept of "home" just an ideal for us all.

But then again, after thinking about work-life balance issues and case conflict, Apollo 13 commander Jim Lovell's comment comes to my mind, "So uh, you, uh, never know...what... what events are to transpire to get you home." We are all in fact on God's pocketwatch. In one way or another I suspect we all get home. Ramble on!

The Question

Legally Rambling (10/2/2009) In the middle of the work day today (believe it or not - even I get a break now and again), as I was busy reading the Perez Hilton site looking for new material on the Gosselin train wreck (lots of interesting legal issues there) and trying to pull a contract blog entry out of it (OK, so I was trying to weave Farnsworth into it - I am really a Geek!), the question again entered my mind. Now before I continue with the question, you have to admit that Jon is going down in a major way, but I digress. Again, with the question. A question that from time to time all lawyers ask? Drum roll please - "If I was not practicing law what would I do?"

Now it's amazing that the question exists at all considering all the people who want to be lawyers. Although, I think that law is kinda like chasing a good looking woman - for some men - its the chase (paper or otherwise), and once people achieve the measure they ask, now what? But I have heard a great many lawyers ponder the question. Generally after a bad day.

So, as I was listening to Elvis, I thought what would I do, whose job do I want? The answer was easy - ANTHONY MICHAEL "TONY" BOURDAIN'S. I mean look at the guy, Travel, Chef, Writer, Television ... etc. A guy know for travel and consuming exotic food and drink. Who cares if he ate warthog rectum in Nambia or fermented shark in Iceland - I could do that! Again, I mean you have to love the fact that the network has to start his show No Reservations with a viewer discretion advisory - its a show about travel and food! He once remarked that the playing of music by Billy Joel in his kitchen was grounds for immediate firing. I love the sarcastic comments!

So, now you know my answer to The Question.

Oh well, Ramble On .......!

Counting Billable Hours

Legally Rambling (10/1/2009). I honestly don't like to sleep. My closest friends and family know that the over-night hours are my sacred time. I guess it's the ability to read, reflect, work on client matters and at times write.

Now, when I think about my lack of sleep, it reminds me of that old joke about the CPA who could not sleep. So, he goes to his doctor to find a remedy and his doctor recommends that he count sheep. To which the CPA replies, "well Doc, I tried that, but every time I mess up, I spend the next three hours searching for the error." Funny and tragic - I am also a CPA.

So the other day, at about 1:30 a.m., I was reading a column by Kyle Western regarding the data on men and their smartphones. As I was reading a statistic jumped off the page - sixty seven (67%) of men take their smart phones to bed! I looked down and there she was. I thought again - in the majority! Yes! But, I also thought that explains alot.

Now the other day, my brother and I were reflecting on the number of client calls received bewteen 12:00 and 6:00 am. I believe that my brother holds the record. Think about that - while other people are sleeping you could be counting billable hours. And, with the smart phone in bed with you -it just makes it that much easier. An associate should never have a problem meeting their billable hour requirement. So does it mean that people are lying in bed thinking about their case and just instinctively reach for the phone to call their lawyer in the middle of the night. I think so.

Why fight it. So taking it to the next level, since its after hours, shouldn't you be able to bill at time and a half - heck plumbers can do it - right! So that would mean that my billable rate should be adjusted to $375.00 an hour for overnight calls. Still cheap as lawyers go! I'm revising my fee agreement in the morning!

I can't wait to start counting billable hours and at $375.00 an hour I don't mind trying to find the error or the interruptions. I'm up anyway.

Ramble on ....!