AUSTIN – The Texas Parks and Wildlife Commission Monday authorized the acquisition of nearly 18,000 acres of biologically diverse and culturally significant land in Val Verde County with 10 miles of frontage along the pristine Devil’s River by leveraging $4 million in public dollars with more than $10 million in private donations.
“What an exciting Christmas gift for the State of Texas,” Commission chair Peter Holt said moments after the commission voted unanimously to authorize Texas Parks and Wildlife Department Executive Director Carter Smith to formally close the purchase of the Devils River Ranch later this week.
The ranch, which adjoins the 67,000-acre Amistad National Recreation Area, has been appraised at $15,875,000 but the owner agreed to sell the property to TPWD for $13 million as well as donating several hundred thousand dollars worth of ranch equipment and furnishings to the state.
TPWD will use $10.1 million in private donations, $2.7 million in state funds allocated for park land acquisition and $1.3 million in federal Land and Water Conservation Fund dollars to acquire the property. The donations also will cover operating expenses for two-and-a-half years as well as development of a master plan for joint public use of the ranch and the Devils River State Natural Area, 12.7 miles upstream.
A proposal to exchange the 20,000-acre state natural area for the Devils River Ranch was pulled from the Nov. 4 commission agenda after TPWD heard extensive public input. At the time, the commission directed TPWD staff to continue exploring options to acquire new land along the river while keeping the existing state natural area and working toward achieving a balance between recreational use of the land and protection of the wild stream’s sensitive resources.
“The Devil’s River Ranch is a stunning piece of property with incredible potential,” said Commissioner Dan Hughes, who after visiting the site led the fund-raising effort along with agency director Smith. “This land is a treasure for all generations to come.”
At Monday’s meeting, of 13 persons who testified before the commission, all said they favored the Devils River Ranch purchase. Of 24 written comments received from the public by TPWD, 20 supported the purchase.
“The public input process has worked the way it should – we’ve heard from Texans across the state and have been responsive to that input,” Holt said. “One of the things we’ll be doing in response to that input is putting together a working group to develop a long term plan for the protection of the river and for ongoing operation of the two units of the Devils River State Natural Area.”
Holt said the working group will include landowners, paddlers, businesses, non-profit partners and others who will seek solutions to address the recreational interests of Devils River users as well as the property rights of adjacent landowners.
“We anticipate that it will take two-and-a-half years to complete the master plan for the operation of the two units of the Devils River State Natural Area,” said Smith. “While that is taking place, public access to the current Devils River SNA will remain open. In the meantime, we’ll also be stepping up law enforcement patrols by Texas game wardens all along the river.”
Commissioners Monday also approved acquisition of about 14 acres of private land just north of the Texas Freshwater Fisheries Center in Athens. The tract will be used to build a small reservoir to provide water for fish hatchery ponds.
Thứ Ba, 21 tháng 12, 2010
Homes at Risk, and No Help From Lawyers
In California, where foreclosures are more abundant than in any other state, homeowners trying to win a loan modification have always had a tough time. Now they face yet another obstacle: hiring a lawyer.
To protect homeowners seeking loan modifications, California banned payment to lawyers before the work was done. Now lawyers say they cannot afford to help.
Read the full New York Times story here.
To protect homeowners seeking loan modifications, California banned payment to lawyers before the work was done. Now lawyers say they cannot afford to help.
Read the full New York Times story here.
Thứ Bảy, 18 tháng 12, 2010
Court Enters Take Nothing Judgment in Former Tenants' Security Deposit Lawsuit
Following a bench trial, a Bexar County Judge entered a Take Nothing Judgment in a lawsuit filed against D'Ann Harper Property Management Corporation by the former tenants of a managed property in San Antonio, Texas. Trey Wilson represented the Defendant in the suit.
The tenants filed their suit when -- after vacating the property -- the property manager withheld a portion of the security deposit to pay for damage to a door frame. The damage occurred during the term of the lease, but the Tenants demanded that the landlord make and pay for the repairs. Citing a provision in the standard TREC lease form that requires tenants to pay for all repairs to doors, windows and screens, the landlord refused. Thereafter, the tenants vacated and filed suit claiming that their security deposit was wrongfully withheld.
After considering the lease, the Tenants' testimony and various other exhibits admitted into evidence, the Court granted a verdict in favor of the property management company, and denied all of the Tenants' claims.
The tenants filed their suit when -- after vacating the property -- the property manager withheld a portion of the security deposit to pay for damage to a door frame. The damage occurred during the term of the lease, but the Tenants demanded that the landlord make and pay for the repairs. Citing a provision in the standard TREC lease form that requires tenants to pay for all repairs to doors, windows and screens, the landlord refused. Thereafter, the tenants vacated and filed suit claiming that their security deposit was wrongfully withheld.
After considering the lease, the Tenants' testimony and various other exhibits admitted into evidence, the Court granted a verdict in favor of the property management company, and denied all of the Tenants' claims.
Thứ Sáu, 17 tháng 12, 2010
How do I answer a pro se litigant that wants to prepare discovery in his/her divorce.
I strongly encourage you to hire an attorney. What you are trying to do is just not easy!
The Harris County Law Library is available to the public. The law schools also have law libraries. I don't know if they are available to the public. You would have to call and see if they would let you use them.
You can go to any law library and look for books that contain information on preparing discovery. Please only read about "discovery" in the State of Texas. Please don't read about discovery in federal court. Divorce is a state issue. There are many books. There is a set of books called the TX FAMILY PRACTICE MANUAL that family law attorneys use. You will immediately notice that discovery is not easy. There is not a form that you can just download and print out -- no such thing exists.
You will quickly determine that attorneys really to "practice" law. They "craft" documents. There is not one document out there that every attorney uses. There are master forms. But for each divorce an attorney must develop the discovery for that particular case. It requires thought and strategy. This is what an attorney gets paid for!
This is why I recommend that people hire an experienced family law attorney. When an attorney gets out of law school they know the law but they don't know how to practice law! They have to learn how to apply what they have learned.
There are the Texas Rules of Evidence plus Harris County local rules of court.
For example, when you issue interrogatories, you can only issue a certain number of them. Why? Because you cannot overwhelm the other side. If necessary, you can issue more than one set of interrogatories. Again, you must follow all of the applicable rules. (All of this is confusing to attorneys too!)
Many years ago, we were required to send a copy of everything to the court's file. The court's got tired of their files getting so thick and heavy. Now you no longer have to send them a copy of everything.
If you violate these rules, bad things can happen to you, such as, the judge strike your pleadings (and that is very, very serious) or order you to pay your spouse's attorney fees. If you don't understand what "striking" your pleadings means, that means you really need an attorney.
Even though it is a remote possibility, you could be looking at contempt by the court, that includes monetary fines and/or jail time. Yes, it can happen!
I don't try to do my own dental work and I don't do my own plumbing work, I hire someone that knows what they are doing. A plumber once told me that he "loved" guys who tried to fix their own plumbing and the made a lot of money off the "do it yourself" guys, he charged them 3x a much because they made a huge mess! He admditted the handy men kept him in business!
Remember, if you make a mess then you are going to have to pay a lot more in legal fees to an experienced attorney to "fix the mess" you are creating. Plus, you might make a bad impression on the Judge and that is not a good idea!
Please don't buy anything at an office supply store, sold on the radio, t.v. or internet by a company outside of the State of Texas! There kits were not designed by a Texas attorney. They do not comply with Texas laws.
Plus, please do not call 411 and ask for "legal aide". That company is a for profit company that has a horrible BBB rating. The man changes his name every few months and has lots of unpaid claims against him. It's a total rip-off.
If you need a referral, call or email me at fran@familylaw4u.com.
The Harris County Law Library is available to the public. The law schools also have law libraries. I don't know if they are available to the public. You would have to call and see if they would let you use them.
You can go to any law library and look for books that contain information on preparing discovery. Please only read about "discovery" in the State of Texas. Please don't read about discovery in federal court. Divorce is a state issue. There are many books. There is a set of books called the TX FAMILY PRACTICE MANUAL that family law attorneys use. You will immediately notice that discovery is not easy. There is not a form that you can just download and print out -- no such thing exists.
You will quickly determine that attorneys really to "practice" law. They "craft" documents. There is not one document out there that every attorney uses. There are master forms. But for each divorce an attorney must develop the discovery for that particular case. It requires thought and strategy. This is what an attorney gets paid for!
This is why I recommend that people hire an experienced family law attorney. When an attorney gets out of law school they know the law but they don't know how to practice law! They have to learn how to apply what they have learned.
There are the Texas Rules of Evidence plus Harris County local rules of court.
For example, when you issue interrogatories, you can only issue a certain number of them. Why? Because you cannot overwhelm the other side. If necessary, you can issue more than one set of interrogatories. Again, you must follow all of the applicable rules. (All of this is confusing to attorneys too!)
Many years ago, we were required to send a copy of everything to the court's file. The court's got tired of their files getting so thick and heavy. Now you no longer have to send them a copy of everything.
If you violate these rules, bad things can happen to you, such as, the judge strike your pleadings (and that is very, very serious) or order you to pay your spouse's attorney fees. If you don't understand what "striking" your pleadings means, that means you really need an attorney.
Even though it is a remote possibility, you could be looking at contempt by the court, that includes monetary fines and/or jail time. Yes, it can happen!
I don't try to do my own dental work and I don't do my own plumbing work, I hire someone that knows what they are doing. A plumber once told me that he "loved" guys who tried to fix their own plumbing and the made a lot of money off the "do it yourself" guys, he charged them 3x a much because they made a huge mess! He admditted the handy men kept him in business!
Remember, if you make a mess then you are going to have to pay a lot more in legal fees to an experienced attorney to "fix the mess" you are creating. Plus, you might make a bad impression on the Judge and that is not a good idea!
Please don't buy anything at an office supply store, sold on the radio, t.v. or internet by a company outside of the State of Texas! There kits were not designed by a Texas attorney. They do not comply with Texas laws.
Plus, please do not call 411 and ask for "legal aide". That company is a for profit company that has a horrible BBB rating. The man changes his name every few months and has lots of unpaid claims against him. It's a total rip-off.
If you need a referral, call or email me at fran@familylaw4u.com.
Thứ Tư, 1 tháng 12, 2010
Sheriff Arvin West: the Man Who Busted Willie Nelson for Pot over Thanksgiving Weekend
Hudspeth County, Texas, is located on the Texas - Mexico border, and for several years now, Arvin West has been the local sheriff there. Lots of folk are getting to know Texas Sheriff West this week - maybe you already recognize his name.
After all, it was Sheriff Arvin West who was responsible for pulling over Willie Nelson's tour bus at a border partrol checkpoint on the day after Thanksgiving. Instead of getting an autograph, though, law enforcement ended up arresting the 77-year-old country singer for possession of six (6) ounces of marijuana.
Nelson was booked - the mugshot is a popular online item this week. Willie was then released on $2500 bond and not long thereafter was back on the road again, going home to Austin. If convicted, Willie Nelson faces a possible two years incarceration in a state facility.
Who is Sheriff West anyway?
Sheriff Arvin West has testified before Congress about the growing problem of drug distribution by drug cartels in his jurisdiction - you can read his testimony online from a February 2006 presentation he gave to the Committee of the House of Representatives. It's got a title: "Armed and Dangerous: Confronting the Problem of Border Incursions."
Sheriff Arvin West also regularly appears on the national news shows. You can read the transcript of his April 2010 interview by Greta Von Susteren at FoxNews telling Greta that the Texas-Mexico border is "wide open" and that he's been telling farmers and ranchers in his jurisdiction to arm themselves against the dangers of drug runners, since his Sheriff's Department only has 17 deputies to cover 5000 miles. Sheriff Arvin West has also appeared on Nightline in July 2010 (click the link to watch the video), calling the area as being under "siege" and that his fight against Mexican drug lords as "war."
Already, the Texas Tribune (among other news sources) are looking into Sheriff West and his own "Texas legend" status (quoting Glenn Beck). According to their investigations, Sheriff West may have his own agenda for busting Willie Nelson -- it brings more media coverage, it boosts what some argue is Sheriff West's goals of maximizing state and federal funding for his department.
So, there is a growing distrust of Sheriff West and his motives for busting Willie Nelson on the day after Thanksgiving.
Willie Nelson Starts the "Teapot Party"
However, Willie Nelson may have an agenda of his own. Shortly after his arrest, he started the "Teapot Party," which favors legalization of marijuana with the arguments that it cuts back on the criminal operations, and gives a new tax base to fund governments in sore need of revenue.
If you didn't know this was a real news story, you might think you were reading an Elmore Leonard novel -- where the Texas Sheriff wearing the big white cowboy hat and the Country Music Legend wearing the bandanna were secretly friends who had cooked up this media plot. But that would just be fiction, right?
After all, it was Sheriff Arvin West who was responsible for pulling over Willie Nelson's tour bus at a border partrol checkpoint on the day after Thanksgiving. Instead of getting an autograph, though, law enforcement ended up arresting the 77-year-old country singer for possession of six (6) ounces of marijuana.
Nelson was booked - the mugshot is a popular online item this week. Willie was then released on $2500 bond and not long thereafter was back on the road again, going home to Austin. If convicted, Willie Nelson faces a possible two years incarceration in a state facility.
Who is Sheriff West anyway?
Sheriff Arvin West has testified before Congress about the growing problem of drug distribution by drug cartels in his jurisdiction - you can read his testimony online from a February 2006 presentation he gave to the Committee of the House of Representatives. It's got a title: "Armed and Dangerous: Confronting the Problem of Border Incursions."
Sheriff Arvin West also regularly appears on the national news shows. You can read the transcript of his April 2010 interview by Greta Von Susteren at FoxNews telling Greta that the Texas-Mexico border is "wide open" and that he's been telling farmers and ranchers in his jurisdiction to arm themselves against the dangers of drug runners, since his Sheriff's Department only has 17 deputies to cover 5000 miles. Sheriff Arvin West has also appeared on Nightline in July 2010 (click the link to watch the video), calling the area as being under "siege" and that his fight against Mexican drug lords as "war."
Already, the Texas Tribune (among other news sources) are looking into Sheriff West and his own "Texas legend" status (quoting Glenn Beck). According to their investigations, Sheriff West may have his own agenda for busting Willie Nelson -- it brings more media coverage, it boosts what some argue is Sheriff West's goals of maximizing state and federal funding for his department.
So, there is a growing distrust of Sheriff West and his motives for busting Willie Nelson on the day after Thanksgiving.
Willie Nelson Starts the "Teapot Party"
However, Willie Nelson may have an agenda of his own. Shortly after his arrest, he started the "Teapot Party," which favors legalization of marijuana with the arguments that it cuts back on the criminal operations, and gives a new tax base to fund governments in sore need of revenue.
If you didn't know this was a real news story, you might think you were reading an Elmore Leonard novel -- where the Texas Sheriff wearing the big white cowboy hat and the Country Music Legend wearing the bandanna were secretly friends who had cooked up this media plot. But that would just be fiction, right?
Thứ Hai, 22 tháng 11, 2010
Hints on hiring a family law attorney in Texas
Here are a few hints on finding a decent and reputable family law attorney:
1. Check out websites like http://www.lawguru.com/ or http://www.avvo.com/
Attorneys answers questions for free so you can read their answers and get a "feel" for them before you call them.
Most family law attorneys offer payment plans.
How much is a down payment? This can vary dramatically. Anywhere from $500 - rarely $100,000.
Some attorneys will let you make a down payment of $1,500 if the case is a "basic" case.
If the case is complex or there is a hearing pending, then you should anticipate paying closer to $5,000.
Why? The attorney is going to need to do a lot of work to get ready for the hearing.
(You expect to get paid for the work you do and so does your attorney.)
On the http://www.avvo.com/ website beware of their rating system -- many excellent attorneys have never "claimed" their profile so their rating might be low -- don't necessarily trust a high or low rating!
Should I hire a board certified attorney?
If money is an issue for you, you don't need to hire a board certified attorney -- their prices are much higher per hour than a non-board certified attorney Most board certified attorneys charge at least $400 per hour - so expect your legal bill to add up quickly. If you hire a board certified attorney, expect your legal bill to easily run $20,000. Some "high profile" attorneys charge a one-time fee just to accept your case! And, these fees are non-refundable if you have a change of heart later! Remember, if name dropping is important to you, then you are going to pay for this privilege. FYI: There are many excellent attorneys in Houston that are not written up in the press or are not known by the public. These attorneys are just as respected by the Judges and their peers.
What sort of experience should I look for in an attorney?
Try to hire an attorney that does at least 70% family law and has at least 5 years experience. I personally would prefer someone with at least 10 years experience, but try to avoid someone with less than 5 years experience -- they are too new!
You might want to call PATRICIA BUSHMAN at 713-807-9405.
She will go outside Harris County. She offers payment plans and accepts credit cards. Her deposits are reasonable. I thinks she takes a common sense approach to practicing law. She does only what is required. She does not try to do a lot of extra work to charge extra money. She represents both men and women.
She has represented men and has gotten men custody.
She has handled several jury trials.
She is not afraid to go to trial.
(Believe it or not, many attorneys will NOT go to trial & they will withdraw right before trial.)
I rent space in her office so tell her that I sent you to her!
2. You can read my blog. www.txfamilylaw4u.blogspot.com and read about my comments on family law. Of course, the TX legislature changes the law every 2 years so really old blogs might be somewhat out of date, but you can get an idea of Tx family law.
There are many attorneys that "blog". Of course, it's our opinions. So "filter" every attorney's comments and blogs!
3. Do your research. I always say that knowledge is power! The TX Family Code is availabe on-line. There are many law libraries around the State of Texas. Many are located inside small courthouses. Be aware that they may NOT contain the most recent form books and/or up-to-date books. However, they are free and open to the public.
The Houston Bar Association has an excellent basic, free brochure on their website called "family law". It's approximately 50 pages - available in English, Spanish and Vietnamese.
The Office of the Texas Attorney General has a website that contains lot of information on family law for free.
You can go to my website at www.familylaw4u.com and look under "links" for some website links.
If you "google" family law or divorce law be sure to only look under TEXAS LAW. Texas courts do not care what California law says!
What most people don't understand is that divorce law (also known as family law) is a states right issue. Divorce law is regulated by the state and it varies from state to state.
Therefore, a Texas attorney does not know what a Louisiana court will do!
4. You can go to your local courthouse and visit the courthouse. It's usually open to the public and you can usually visit the any courtroom. It's very educational and informative.
If the baliff asks you what you are doing, tell him that you have a family member involved in a family law matter and that you are observing. You must turn off your cell phone, not wear a hat, not chew gum, cannot wear a hat, etc. You must dress appropriately and observe all court rules.
While you are visiting the courthouse, pick up a copy of the local court rules. Your relative will need to know the local county rules. Also, does that court have their own court rules? Each judge is allowed to set their own set of rules to follow.
Be sure to stand when the judge enters and leaves the bench!
5. If an attorney PROMISES you anything, run. No decent family law attorney can promise you that you will win custody, etc.
6. Ask your friends and family for a referral. If your friend recently went through a divorce, ask him/her who the opposing attorney was in their case! I received many referrals from an FBI agent who was the opposing party in a divorce I handled many years ago! He thought I handled his difficult divorce in a respectful manner and he sent many people to me over the years!
7. If an attorney says that he/she has WON 100% of their cases, run! No family law attorney ever actually WINS a case! A family law attorney is dealing with the death of a family. There are no "winners" in family law - except the attorney who is making money on this case!
If an attorney "won custody" for a father who sexually abuses his children, would that be a "win" for those children? I don't think so.
I've been on cases where there were issues of drug abuse and the attorneys worked together to protect the children. This is what professionals do when for the "best interests of the children."
As a mediator, I'm often put in a horrible position of gently letting the party know that all outrageous promises their attorney told them at the beginning of the case will NOT happen.
8. Hire an attorney BEFORE you need one. It's easier to pay for a consultation & receive peace of mind. I'm an attorney and when I need legal advice in an area of the law that I'm not familiar with, I talk to an attorney that is knowledgeable in that area of the law.
It's a lot like going to the dentist every 6 months for a dental cleaning, it's cheaper and easier to go every 6 months then to wait until it's a major dental emergency!
Or, it's a lot like getting my oil changed every 3,000 miles rather than waiting until the engine blows up!
1. Check out websites like http://www.lawguru.com/ or http://www.avvo.com/
Attorneys answers questions for free so you can read their answers and get a "feel" for them before you call them.
Most family law attorneys offer payment plans.
How much is a down payment? This can vary dramatically. Anywhere from $500 - rarely $100,000.
Some attorneys will let you make a down payment of $1,500 if the case is a "basic" case.
If the case is complex or there is a hearing pending, then you should anticipate paying closer to $5,000.
Why? The attorney is going to need to do a lot of work to get ready for the hearing.
(You expect to get paid for the work you do and so does your attorney.)
On the http://www.avvo.com/ website beware of their rating system -- many excellent attorneys have never "claimed" their profile so their rating might be low -- don't necessarily trust a high or low rating!
Should I hire a board certified attorney?
If money is an issue for you, you don't need to hire a board certified attorney -- their prices are much higher per hour than a non-board certified attorney Most board certified attorneys charge at least $400 per hour - so expect your legal bill to add up quickly. If you hire a board certified attorney, expect your legal bill to easily run $20,000. Some "high profile" attorneys charge a one-time fee just to accept your case! And, these fees are non-refundable if you have a change of heart later! Remember, if name dropping is important to you, then you are going to pay for this privilege. FYI: There are many excellent attorneys in Houston that are not written up in the press or are not known by the public. These attorneys are just as respected by the Judges and their peers.
What sort of experience should I look for in an attorney?
Try to hire an attorney that does at least 70% family law and has at least 5 years experience. I personally would prefer someone with at least 10 years experience, but try to avoid someone with less than 5 years experience -- they are too new!
You might want to call PATRICIA BUSHMAN at 713-807-9405.
She will go outside Harris County. She offers payment plans and accepts credit cards. Her deposits are reasonable. I thinks she takes a common sense approach to practicing law. She does only what is required. She does not try to do a lot of extra work to charge extra money. She represents both men and women.
She has represented men and has gotten men custody.
She has handled several jury trials.
She is not afraid to go to trial.
(Believe it or not, many attorneys will NOT go to trial & they will withdraw right before trial.)
I rent space in her office so tell her that I sent you to her!
2. You can read my blog. www.txfamilylaw4u.blogspot.com and read about my comments on family law. Of course, the TX legislature changes the law every 2 years so really old blogs might be somewhat out of date, but you can get an idea of Tx family law.
There are many attorneys that "blog". Of course, it's our opinions. So "filter" every attorney's comments and blogs!
3. Do your research. I always say that knowledge is power! The TX Family Code is availabe on-line. There are many law libraries around the State of Texas. Many are located inside small courthouses. Be aware that they may NOT contain the most recent form books and/or up-to-date books. However, they are free and open to the public.
The Houston Bar Association has an excellent basic, free brochure on their website called "family law". It's approximately 50 pages - available in English, Spanish and Vietnamese.
The Office of the Texas Attorney General has a website that contains lot of information on family law for free.
You can go to my website at www.familylaw4u.com and look under "links" for some website links.
If you "google" family law or divorce law be sure to only look under TEXAS LAW. Texas courts do not care what California law says!
What most people don't understand is that divorce law (also known as family law) is a states right issue. Divorce law is regulated by the state and it varies from state to state.
Therefore, a Texas attorney does not know what a Louisiana court will do!
4. You can go to your local courthouse and visit the courthouse. It's usually open to the public and you can usually visit the any courtroom. It's very educational and informative.
If the baliff asks you what you are doing, tell him that you have a family member involved in a family law matter and that you are observing. You must turn off your cell phone, not wear a hat, not chew gum, cannot wear a hat, etc. You must dress appropriately and observe all court rules.
While you are visiting the courthouse, pick up a copy of the local court rules. Your relative will need to know the local county rules. Also, does that court have their own court rules? Each judge is allowed to set their own set of rules to follow.
Be sure to stand when the judge enters and leaves the bench!
5. If an attorney PROMISES you anything, run. No decent family law attorney can promise you that you will win custody, etc.
6. Ask your friends and family for a referral. If your friend recently went through a divorce, ask him/her who the opposing attorney was in their case! I received many referrals from an FBI agent who was the opposing party in a divorce I handled many years ago! He thought I handled his difficult divorce in a respectful manner and he sent many people to me over the years!
7. If an attorney says that he/she has WON 100% of their cases, run! No family law attorney ever actually WINS a case! A family law attorney is dealing with the death of a family. There are no "winners" in family law - except the attorney who is making money on this case!
If an attorney "won custody" for a father who sexually abuses his children, would that be a "win" for those children? I don't think so.
I've been on cases where there were issues of drug abuse and the attorneys worked together to protect the children. This is what professionals do when for the "best interests of the children."
As a mediator, I'm often put in a horrible position of gently letting the party know that all outrageous promises their attorney told them at the beginning of the case will NOT happen.
8. Hire an attorney BEFORE you need one. It's easier to pay for a consultation & receive peace of mind. I'm an attorney and when I need legal advice in an area of the law that I'm not familiar with, I talk to an attorney that is knowledgeable in that area of the law.
It's a lot like going to the dentist every 6 months for a dental cleaning, it's cheaper and easier to go every 6 months then to wait until it's a major dental emergency!
Or, it's a lot like getting my oil changed every 3,000 miles rather than waiting until the engine blows up!
Chủ Nhật, 21 tháng 11, 2010
Houston TX helpful numbers to know
Here are some helpful numbers for the Houston & Harris County Texas are:
Certified Public Accountant Referral
CPA's
http://www.houtoncpa.org/
713-622-7733
Chamber of Commerce
Greater Houston
http://www.houston.org/
713-844-3600
City of Houston Deed Restrictions
832-393-6333
Copies of State and Federal Laws
Austin, Texas
http://www.capitol.state.tx.tus/
Federal Public Defenders
http://www.fpdsdot.org/
713-718-4600
Greater Houston Fair Housing Center
for housing discrimination
713-641-3247
Houston Apartment Association
http://www.haaonline.org/
713-595-0300
Houston Association of Realtors
http://www.har.com/
713-629-1900
Landlord Dispute Hotline
City of Houston
sends inspectors to check out complaints with apartments
713-868-8461
Harris County Law Library
Downtown Houston
Open to the public
713-755-5183
Harris County Tax Assessor & Collector
713-368-2000
Certified Public Accountant Referral
CPA's
http://www.houtoncpa.org/
713-622-7733
Chamber of Commerce
Greater Houston
http://www.houston.org/
713-844-3600
City of Houston Deed Restrictions
832-393-6333
Copies of State and Federal Laws
Austin, Texas
http://www.capitol.state.tx.tus/
Federal Public Defenders
http://www.fpdsdot.org/
713-718-4600
Greater Houston Fair Housing Center
for housing discrimination
713-641-3247
Houston Apartment Association
http://www.haaonline.org/
713-595-0300
Houston Association of Realtors
http://www.har.com/
713-629-1900
Landlord Dispute Hotline
City of Houston
sends inspectors to check out complaints with apartments
713-868-8461
Harris County Law Library
Downtown Houston
Open to the public
713-755-5183
Harris County Tax Assessor & Collector
713-368-2000
24 hour emergency & crisis intervention services
Here is a list of emergency & crisis intervention services from the Houston Bar Assocation's Resource & Referral Guide of 2010:
Center for Disease Control & Prevention
http://www.cdc.gov/
1-800-232-4636
Crime Stoppres
http://www.crime-stoppres.org/
713-222-tips
Crisis Hotline
713-hot-line
Harris County Sheriff's Office
713-221-6000
Harris County Family Domestic & Sexual Assault Unit
713-967-5743
http://www.hcso.hctx.net/
Houston Police Department
Non Emergency Line
713-884-3131
Houston Police Dept.
Family Violence Unit
713-308-11--
Mental Health & Mental Retardation
Authority Crisist Line
713-970-7070
Morgue
Harris County Medical Examiner's Office
www.co.harris/tx.us.me/
713-796-6761
open 8-5 only Monday-Friday
Rape Crisis Hotline
1-800-256-0661
713-528-7273
Runaway Hotline
1-888-580-4357
Star of Hope Mission
http://www.sohmission.org/
713-748-0700
Teen Crisis Hotline
713-529-teen
Texas Department of Protective & Regulatory Services
Abuse Hotline
Report abuse or neglect or children & the elderly
1-800-252-5400
Texas Youth Hotline
1-800-210-2278
United Way Information
http://www.unitedwayhousotn.org/
713-957-4357
713-658-2300
Center for Disease Control & Prevention
http://www.cdc.gov/
1-800-232-4636
Crime Stoppres
http://www.crime-stoppres.org/
713-222-tips
Crisis Hotline
713-hot-line
Harris County Sheriff's Office
713-221-6000
Harris County Family Domestic & Sexual Assault Unit
713-967-5743
http://www.hcso.hctx.net/
Houston Police Department
Non Emergency Line
713-884-3131
Houston Police Dept.
Family Violence Unit
713-308-11--
Mental Health & Mental Retardation
Authority Crisist Line
713-970-7070
Morgue
Harris County Medical Examiner's Office
www.co.harris/tx.us.me/
713-796-6761
open 8-5 only Monday-Friday
Rape Crisis Hotline
1-800-256-0661
713-528-7273
Runaway Hotline
1-888-580-4357
Star of Hope Mission
http://www.sohmission.org/
713-748-0700
Teen Crisis Hotline
713-529-teen
Texas Department of Protective & Regulatory Services
Abuse Hotline
Report abuse or neglect or children & the elderly
1-800-252-5400
Texas Youth Hotline
1-800-210-2278
United Way Information
http://www.unitedwayhousotn.org/
713-957-4357
713-658-2300
Pro Bono Services in Houston, Texas
With the economy down, more and more people are looking for free (pro bono) legal services.
Here is a brief list of the pro bono services that I'm aware of in the Houston and Harris County area:
Houston Volunteer Lawyers Program
713-228-0732
This agency is overwhelmed - anticipate a 6 month waiting period
http://www.hvlp.org/
Lone Star Legal Aid
713-652-0077
This agency is overhelmed - it is difficult to even get accepted by this agency
http://www.lonestarlegal.com/
University of Houston Law School
Accepts easy cases for law school students to get experience
South Texas College of Law
Accepts easy cases for law school students to get experience
Texas Southern University Law School
Accepots easy cases for law school students to get experience
Protective Orders
Harris County District Attorney's Office
Falmily Violence Unit
Criminal Law Division
713-755-5888
http://app/dao/hctx.net
Harris County Domestic Relations Office
713-755-6757
http://www.dro.hctsx.net/
National Association for the Advancement of Colored People
NAACP
713-526-3389
http://www.naacphouston.org/
Texas Attorney General's Office
Several locations around Houston & Harris County
Anticipate 6 months minimum - this agency is overwhelmed
http://www.oag.state.tx.us/
A V D A - Aid to Victims of Domestic Dispute
713-224-9911
http://www.avda-tx.org/
FOR MORE IDEAS OF PLACES TO GO FOR HELP:
HOUSTON BAR ASSOCIATION puts out a list - Resource & Referral guide of non-profit agencies in the Harris County area that helps low income people
Go to your local public library for ideas & help
United Way Information
713-957-4357
http://www.unitedwayhouston.org/
Here is a brief list of the pro bono services that I'm aware of in the Houston and Harris County area:
Houston Volunteer Lawyers Program
713-228-0732
This agency is overwhelmed - anticipate a 6 month waiting period
http://www.hvlp.org/
Lone Star Legal Aid
713-652-0077
This agency is overhelmed - it is difficult to even get accepted by this agency
http://www.lonestarlegal.com/
University of Houston Law School
Accepts easy cases for law school students to get experience
South Texas College of Law
Accepts easy cases for law school students to get experience
Texas Southern University Law School
Accepots easy cases for law school students to get experience
Protective Orders
Harris County District Attorney's Office
Falmily Violence Unit
Criminal Law Division
713-755-5888
http://app/dao/hctx.net
Harris County Domestic Relations Office
713-755-6757
http://www.dro.hctsx.net/
National Association for the Advancement of Colored People
NAACP
713-526-3389
http://www.naacphouston.org/
Texas Attorney General's Office
Several locations around Houston & Harris County
Anticipate 6 months minimum - this agency is overwhelmed
http://www.oag.state.tx.us/
A V D A - Aid to Victims of Domestic Dispute
713-224-9911
http://www.avda-tx.org/
FOR MORE IDEAS OF PLACES TO GO FOR HELP:
HOUSTON BAR ASSOCIATION puts out a list - Resource & Referral guide of non-profit agencies in the Harris County area that helps low income people
Go to your local public library for ideas & help
United Way Information
713-957-4357
http://www.unitedwayhouston.org/
Thứ Năm, 11 tháng 11, 2010
Thứ Tư, 3 tháng 11, 2010
Texas Supreme Court and Texas Court of Criminal Appeals: 100% Republican
Yesterday was Election Day, and while many spotlights were focused upon the Governor's race between Rick Perry and Bill White (and Kathie Glass), some pretty powerful statewide spots were being decided as well. Positions on the two highest state courts - the Texas Supreme Court for civil matters, the Texas Court of Criminal Appeals for criminal matters - were also on the ballot.
And, once again, Republicans won every race. This keeps both high courts completely Republican - no Democrat, no Libertarian, no Independent, no Green Party - and it's been that way since 1994.
Sixteen Years of a Republican Monopoly in the Two Texas High Courts
Of course, there are those that argue this is not that big of a deal. Judges at the appellate level make decisions based upon law, not party affiliation. They aren't stumping for votes like Congressmen and Congresswomen. They aren't giving speeches and taking voters' questions like Mayors, County Commissioners, School Board Members, or even the Governor himself. Judges, it's argued, are above all that: taking on the label of one party or the other is simply a necessary evil given the reality that these are elected positions.
However, the mere fact that judges must run for office means that they must become politicians at some level. They need the campaign support that a party provides (at least most of them do) and they will have their own campaigns to run albeit smaller and more discrete than their legislative and executive contemporaries.
Does it Matter?
Are they swayed by their party affiliations? Some argue yes. These are the folk that push periodically for judges to be appointed, not elected. Look around, that's not been a very successful venture here in Texas. (Federal judges are appointed here in Texas and elsewhere, by comparison.)
As the appointment debate continues, the reality that Texas faces today is this: a uniform Republican presence on the state's highest courts. Are you comfortable with that?
And, once again, Republicans won every race. This keeps both high courts completely Republican - no Democrat, no Libertarian, no Independent, no Green Party - and it's been that way since 1994.
Sixteen Years of a Republican Monopoly in the Two Texas High Courts
Of course, there are those that argue this is not that big of a deal. Judges at the appellate level make decisions based upon law, not party affiliation. They aren't stumping for votes like Congressmen and Congresswomen. They aren't giving speeches and taking voters' questions like Mayors, County Commissioners, School Board Members, or even the Governor himself. Judges, it's argued, are above all that: taking on the label of one party or the other is simply a necessary evil given the reality that these are elected positions.
However, the mere fact that judges must run for office means that they must become politicians at some level. They need the campaign support that a party provides (at least most of them do) and they will have their own campaigns to run albeit smaller and more discrete than their legislative and executive contemporaries.
Does it Matter?
Are they swayed by their party affiliations? Some argue yes. These are the folk that push periodically for judges to be appointed, not elected. Look around, that's not been a very successful venture here in Texas. (Federal judges are appointed here in Texas and elsewhere, by comparison.)
As the appointment debate continues, the reality that Texas faces today is this: a uniform Republican presence on the state's highest courts. Are you comfortable with that?
Thứ Ba, 2 tháng 11, 2010
Need a divorce, come see us!
Our lawyers have been helping people going through divorce in San Antonio and in Bexar County. We understand that divorce is a difficult time, and you need some one to care about your legal needs.The Baez Law Firm has experienced attorneys that will fight for your rights and the rights of your children in court. Let our experience guide you through this difficult time in your life. Many times our attorneys advise clients that divorce is not the only option. This is why we say, we will treat you with respect and dignity.
To us, you are not a number, you are almost family. The divorce is between spouses, never between the children, so we let our clients know that. We care about your legal needs. When you are facing a divorce in San Antonio, come and see us!
Thứ Năm, 7 tháng 10, 2010
Do not let a divorce affect your children
Our law firm does not promote divorce, but sometimes its necessary! We say this because, many times spousal abuse, infidelity, cruelty and others allow our firm to represent the victims. In all cases, the children are affected by family divorce and the adults need to be conscious of this.We have helped thousands of family in Texas to cope with divorce specially when children are involved. We remind all parties that "they are divorcing their spouses, not the children." Our San Antonio lawyers will insure that the children are protected and that all parties are counsel as to "the best interest of the children."
When possible, children's environment should be left unaltered during separation and subsequently during divorce. We encourage this to all parties. If you or a loved one is facing divorce, come see us. Our lawyers will treat you with respect and dignity. This is why we say, we care about your legal needs!
Thứ Tư, 6 tháng 10, 2010
Pre-Authorization of UCC 1 Financing Statement
The typical loan/credit scenario unfolds that a creditor will run various credit checks on a potential debtor and, as part of that search, will run a search of all existing UCC financing statements on the debtor. After approval, the creditor will then prepare documents, set up the customer, and prepare whatever business preparations are necessary for that creditor's line of business. The credit department, having done its due diligence, then green lights the transactions knowing that they are holding a first lien position and away we go.
However, this particular scenario can cause some probems since many things can happen to the debtor after they apply for credit and before the actual purchase of the goods intended by the loan transaction. Even setting aside those nefarious characters out there, even honest business people, particularly when setting up a new business, are applying for credit at all sorts of institutions. So what is a prudent credit department to do?
Well, best practices would dictate that not only should a creditor "re-check" the UCC statements and credit reports prior to first shipment (depending on the length of time of the delay that is typical between that business approving credit and first delivery), there is one other way to ensure the best lien position possible. What is that?
Pre-filing the financing statement (UCC-1).
In Texas and under UCC 9-509(a)(1), a creditor can pre-file a UCC-1 financing statement with authorization from the debtor. What's more, the "first in time" rule, even if the transaction is later consummated, would allow the creditor to be ahead of any subsequent filed similar UCC-1 financing statements (unless they have special priorities, like purchase money security interests).
So how does one get authorized? Well, there must be some intent from the debtor to grant some future security interest, so getting the debtor to sign a "pre-authorization" letter (or you could include same conspicuously in your initial credit application) should do the trick. Basically, if the debtor authorizes the pre-filing in writing, you will meet the standards of 9-509(a)(1). A simple signed letter can also do the trick. Now it should be noted that you will still have to terminate the financing statements according to the rules as if the transaction occured should the transaction not occur.
So don't wait for the loan file to be complete before filing your UCC-1's...file the financing statement at the very beginning and establish / lock in your security interest priority.
However, this particular scenario can cause some probems since many things can happen to the debtor after they apply for credit and before the actual purchase of the goods intended by the loan transaction. Even setting aside those nefarious characters out there, even honest business people, particularly when setting up a new business, are applying for credit at all sorts of institutions. So what is a prudent credit department to do?
Well, best practices would dictate that not only should a creditor "re-check" the UCC statements and credit reports prior to first shipment (depending on the length of time of the delay that is typical between that business approving credit and first delivery), there is one other way to ensure the best lien position possible. What is that?
Pre-filing the financing statement (UCC-1).
In Texas and under UCC 9-509(a)(1), a creditor can pre-file a UCC-1 financing statement with authorization from the debtor. What's more, the "first in time" rule, even if the transaction is later consummated, would allow the creditor to be ahead of any subsequent filed similar UCC-1 financing statements (unless they have special priorities, like purchase money security interests).
So how does one get authorized? Well, there must be some intent from the debtor to grant some future security interest, so getting the debtor to sign a "pre-authorization" letter (or you could include same conspicuously in your initial credit application) should do the trick. Basically, if the debtor authorizes the pre-filing in writing, you will meet the standards of 9-509(a)(1). A simple signed letter can also do the trick. Now it should be noted that you will still have to terminate the financing statements according to the rules as if the transaction occured should the transaction not occur.
So don't wait for the loan file to be complete before filing your UCC-1's...file the financing statement at the very beginning and establish / lock in your security interest priority.
Did Texas Execute an Innocent Man? Court of Inquiry Into Execution of Cameron Todd Willingham Starts Today - Maybe
A two-day hearing is scheduled to start this afternoon in our state capital - actually in the 299th District Court in Travis County Courthouse down in Austin - and it's not your usual weekday hearing. Today, an official Court of Inquiry is set to begin, brought pursuant to Texas Code of Criminal Procedure Article 52.01(b)(2) and the motion filed by District Attorney R. Lowell Thompson of Corsicana.
The purpose of the action? To review the case of convicted arsonist/murderer Cameron Todd Williams in order to determine whether or not an innocent man was killed by lethal injection by the State of Texas back in 2004.
This is a big deal. Of course, it's a big deal if an innocent man was executed -- but it's also a big deal that the Texas criminal justice system appears to be grading its own papers, instituting its own investigation into the matter. Wow.
Motion to Recuse the Presiding Judge Also Set to be Heard Today
Before you get ready to drive to Austin, wait a minute. A challenge to the presiding judge has been filed, too. Sometime this morning, it's expected that State District Judge Charlie Baird will rule on whether or not he'll preside over the Inquiry. There are those that argue he shouldn't be involved - including the Navarro County District Attorney, who is seeking the recusal of Judge Baird. (Willingham was convicted in Navarro County - the prosecutor responsible for the conviction is seeking the recusal.)
However, it's curious because Judge Baird's role is not fact-finder: under Article 52.01(b), he must request that the district's presiding judge appoint another judge to review the evidence. Baird doesn't have that job.
The recusal motion is set for 10:30; the inquiry, at 1:30 this afternoon. Many are expecting a delay due to the recusal request.
Of particular note: Judge Baird has experience in handling a court of inquiry. He oversaw the court of inquiry into the conviction of Tim Cole (of Fort Worth).
Result: Tim Cole was exonerated, posthumously. (For details on Tim Cole's case, check out our earlier post.)
Was Cameron Todd Willingham Innocent?
Mr. Willingham went to his death never veering from his claim of being innocent of the murders of his three children, Amber (2 years old) along with 1 year old twins Karmon and Kameron, by arson in a fire that killed all three of them as they slept in their Corsicana home back in 1991. Willingham was tried, convicted, and executed in 2004.
Numerous respected experts have reviewed the arson investigation and determined that the case against Willingham was filled with errors and based upon outdated methodology.
What Does This Mean for Us?
This level of public scrunity into the justice system doesn't happen everyday - grading the papers long after the case is over, and in this instance, the man is dead. If the State of Texas executed an innocent man, it's a travesty. However, the fact that it isn't been swept under a rug -- that the system is checking itself -- this is a good thing for Texas.
The purpose of the action? To review the case of convicted arsonist/murderer Cameron Todd Williams in order to determine whether or not an innocent man was killed by lethal injection by the State of Texas back in 2004.
This is a big deal. Of course, it's a big deal if an innocent man was executed -- but it's also a big deal that the Texas criminal justice system appears to be grading its own papers, instituting its own investigation into the matter. Wow.
Motion to Recuse the Presiding Judge Also Set to be Heard Today
Before you get ready to drive to Austin, wait a minute. A challenge to the presiding judge has been filed, too. Sometime this morning, it's expected that State District Judge Charlie Baird will rule on whether or not he'll preside over the Inquiry. There are those that argue he shouldn't be involved - including the Navarro County District Attorney, who is seeking the recusal of Judge Baird. (Willingham was convicted in Navarro County - the prosecutor responsible for the conviction is seeking the recusal.)
However, it's curious because Judge Baird's role is not fact-finder: under Article 52.01(b), he must request that the district's presiding judge appoint another judge to review the evidence. Baird doesn't have that job.
The recusal motion is set for 10:30; the inquiry, at 1:30 this afternoon. Many are expecting a delay due to the recusal request.
Of particular note: Judge Baird has experience in handling a court of inquiry. He oversaw the court of inquiry into the conviction of Tim Cole (of Fort Worth).
Result: Tim Cole was exonerated, posthumously. (For details on Tim Cole's case, check out our earlier post.)
Was Cameron Todd Willingham Innocent?
Mr. Willingham went to his death never veering from his claim of being innocent of the murders of his three children, Amber (2 years old) along with 1 year old twins Karmon and Kameron, by arson in a fire that killed all three of them as they slept in their Corsicana home back in 1991. Willingham was tried, convicted, and executed in 2004.
Numerous respected experts have reviewed the arson investigation and determined that the case against Willingham was filled with errors and based upon outdated methodology.
What Does This Mean for Us?
This level of public scrunity into the justice system doesn't happen everyday - grading the papers long after the case is over, and in this instance, the man is dead. If the State of Texas executed an innocent man, it's a travesty. However, the fact that it isn't been swept under a rug -- that the system is checking itself -- this is a good thing for Texas.
Chủ Nhật, 3 tháng 10, 2010
Need a family lawyer, come and see us!
Our San Antonio Lawyers have been helping people in Bexar County with their family law issues. We do this because, we care about your legal needs! When you are facing family issues in your family, you need advice and counsel.For most of us, our family members will try to give us that advise, but most of the time, it’s not the best legal one. Families will look after one another, sometimes without knowing the legal consequences. Although family advice is crucial, legal advice its indispensible.
So, when your need a family lawyer, come and see us at The Baez Law Firm, P.C. Let our lawyers fight for your rights! Let us advise you on the best course of action on your case. We have helped thousands of families’ resolve their legal issues, including reconciliation between spouses.
We are not only divorce lawyers, we are lawyers that care about families and values. We care about your legal needs!
Thứ Sáu, 1 tháng 10, 2010
Question "I make minimum wage & I can't pay child support"
On law guru.com I just answered a common question so I thought I'd post it here. I've answered this question approx. 100 times and I thought I'd post it here.
The "basic" question is this:
The father makes minimum wage.
The mother makes $75,000/year
Father can't afford to pay the court ordered child support.
Father is complaining that Mom does not need his child support.
Father can't afford to pay his rent or buy food.
Here is my quick answer since http://www.lawguru.com/ is a free place for people to ask lawyers questions.
Child support is based on YOUR income.
In fact, child support is NOT based on income.
Child support is based on NET RESOURCES.
Net resources is your income from ALL SOURCES OF INCOME - so if you do any odd jobs, have any investments, pawn a watch to get cash, sell a car to get cash, get any money from friends, family, girl friends, etc. it goes toward your child support.
Mom's income is irrelevant.
For one child - child support is 20% of your net resources.
I suggest that you go to the TX A G child support website and read about child support. There website is written for the general public and it is actually very informative.
There are many websites on TX Child support. Be sure to read only about Texas child support.
There are even child support "calculators" that are even "somewhat" accurate. Do not rely totally on these free "calculators". However, they will give you a general idea of what you should be paying in child support in the State of Texas.
The more minor children that you can prove to the Judge that you financially support, you get to reduce the percentage of support for the child(ren) in front of the Judge in this case.
The TX A G website had the "official" chart that attorneys use to calculate child support.
Believe it or not, The TX A G is the agency appointed by the Texas Legislature to set the child support chart each year.
The chart is in the TX Family code. The TX Family Code is on the internet. Go to any major search engine, like GOOGLE, and look for it.
You cannot get c.s. lowered - you pay c.s. based on YOUR income - not hers.
FYI: THIS IS REALLY IMPORTANT SO READ THIS CAREFULLY!!!!
Child support comes BEFORE anything else - rent, food, etc.
Child Support survives YOUR death.
When you die, it becomes a debt of your estate.
If you inherit any money, the TX A G will intervene and "grab" the money if you are seriously past-due in your child support.
you cannot declare bankruptcy and make your past-due child support "disappear".
Also, be careful with anything using your social security number (bank accounts, etc) the TX A G computer will "grab" the money if you are EVER late with a payment WITHOUT ANY NOTICE!!! Then you will have checks bouncing!! (Yes, it happens all the time!!!)
When you retire, if you owe any child support, it will come out of your Social Security check!
In summary, child support is the debt that NEVER goes away!
The "basic" question is this:
The father makes minimum wage.
The mother makes $75,000/year
Father can't afford to pay the court ordered child support.
Father is complaining that Mom does not need his child support.
Father can't afford to pay his rent or buy food.
Here is my quick answer since http://www.lawguru.com/ is a free place for people to ask lawyers questions.
Child support is based on YOUR income.
In fact, child support is NOT based on income.
Child support is based on NET RESOURCES.
Net resources is your income from ALL SOURCES OF INCOME - so if you do any odd jobs, have any investments, pawn a watch to get cash, sell a car to get cash, get any money from friends, family, girl friends, etc. it goes toward your child support.
Mom's income is irrelevant.
For one child - child support is 20% of your net resources.
I suggest that you go to the TX A G child support website and read about child support. There website is written for the general public and it is actually very informative.
There are many websites on TX Child support. Be sure to read only about Texas child support.
There are even child support "calculators" that are even "somewhat" accurate. Do not rely totally on these free "calculators". However, they will give you a general idea of what you should be paying in child support in the State of Texas.
The more minor children that you can prove to the Judge that you financially support, you get to reduce the percentage of support for the child(ren) in front of the Judge in this case.
The TX A G website had the "official" chart that attorneys use to calculate child support.
Believe it or not, The TX A G is the agency appointed by the Texas Legislature to set the child support chart each year.
The chart is in the TX Family code. The TX Family Code is on the internet. Go to any major search engine, like GOOGLE, and look for it.
You cannot get c.s. lowered - you pay c.s. based on YOUR income - not hers.
FYI: THIS IS REALLY IMPORTANT SO READ THIS CAREFULLY!!!!
Child support comes BEFORE anything else - rent, food, etc.
Child Support survives YOUR death.
When you die, it becomes a debt of your estate.
If you inherit any money, the TX A G will intervene and "grab" the money if you are seriously past-due in your child support.
you cannot declare bankruptcy and make your past-due child support "disappear".
Also, be careful with anything using your social security number (bank accounts, etc) the TX A G computer will "grab" the money if you are EVER late with a payment WITHOUT ANY NOTICE!!! Then you will have checks bouncing!! (Yes, it happens all the time!!!)
When you retire, if you owe any child support, it will come out of your Social Security check!
In summary, child support is the debt that NEVER goes away!
Thứ Năm, 30 tháng 9, 2010
Choose a taxi not a cop
DWI's are a reality in Texas. Many people, after a few drinks, make the mistake of driving! Here in San Antonio, taxi can take you home safely if you have had one too many drinks.Police officers, specially during the holidays, are willing and able to capture as many individuals as possible when they believe they are driving recklessly. Police use several techniques to perhaps incarcerate a person who otherwise would not be apprehended, had it not been for this techniques. Tests like the HGN and others are used.
Our San Antonio lawyers have help people that have been faced with a charge of DWI. Let our attorneys handle your case for you. Do not do it alone. DWI representation is expensive, but not as expensive as loosing your job, family and friends as a result of a DWI charge.
We tell our clients to choose a taxi over a cop every day, but if you made the mistake of drinking and driving, let our attorneys handle the case for you. Give us a call (210) 979-9777 so that you can talk to one of our lawyers about your case. Do not let a DWI charge ruin your life. Contact The Baez Law Firm today!
Thứ Hai, 20 tháng 9, 2010
Had an auto accident, come see us!
Our attorneys are able to handle your personal injury case. We have represented thousands of people in their personal injury case. Whether your case involves broken bones, brain injury or even death, our San Antonio lawyers are here to help you.
Personal Injury is an area of law that, unless you are represented, the insurance company always is going to have the upper hand. Do not do it alone, have your own legal team on your corner.
The Baez Law Firm is here to help you with your legal needs, when you need us the most. Come see us, and you will know the difference from the moment that you walked through our doors, your initial consultation is always free.
Personal Injury is an area of law that, unless you are represented, the insurance company always is going to have the upper hand. Do not do it alone, have your own legal team on your corner.
The Baez Law Firm is here to help you with your legal needs, when you need us the most. Come see us, and you will know the difference from the moment that you walked through our doors, your initial consultation is always free.
Thứ Tư, 15 tháng 9, 2010
Changing a Minor Child's Name
In order to change a minor child's name on his birth certificate you need to get a judge's permission.
You need to get a judge to sign a piece of paper ordering the birth certificate agency to issue a new birth certificate.
The birth certificate agency is not going to issue a new birth certificate without an order signed by a judge ordering them to do it.
It costs money to file a document called a "Petition for Name Change of a Minor Child". This fee to the county is usually around $300. It varies from county to county in the State of Texas.
Then you need to have a document called "Order" for the Judge to sign.
FYI: These legal documents are NOT available at any courthouse.
You need to have these legal documents with you when you go to the courthouse.
You can find samples of these forms in a set of books called the TEXAS FAMILY PRACTICE MANUAL.
You must fill in these forms.
This is one of the reasons you need to hire an attorney.
An attorney knows how to fill out these forms.
The forms advertised on t.v. and radio sold by companies outside of Texas are NOT correct Texas forms that Judges are used to seeing.
If you puchase these forms be prepared for the Judge to reject them!
(You are probably wasting your money - so buyer beware!)
The Judge wants all parents (and/or parties with court ordered standing regarding this child) to be notified about this pending name change AND to agree IN WRITING to it.
There is a form called WAIVER OF SERVICE that must be properly notarized so that the other parent does NOT need to come to court to tell the judge that they agree to the name change.
I also like the other parent to sign the ORDER on the last page also confirming that they agree to the child's new name - that way the Judge knows that the other parent agrees to the child's name change.
Many people ask me if a judge will grant the name change because the other parent is behind in child support or for some other reason. Many judges will NOT grant a name change just because the other parent is behind in child support.
If you want to do a name change of a minor child, I recommend that you hire an experienced family law attorney that practiced in your county for many years and trust his/her advice.
If everyone agrees, most name changes can be done fairly quickly. There is no required waiting period lawsuits require in Texas.
You need to get a judge to sign a piece of paper ordering the birth certificate agency to issue a new birth certificate.
The birth certificate agency is not going to issue a new birth certificate without an order signed by a judge ordering them to do it.
It costs money to file a document called a "Petition for Name Change of a Minor Child". This fee to the county is usually around $300. It varies from county to county in the State of Texas.
Then you need to have a document called "Order" for the Judge to sign.
FYI: These legal documents are NOT available at any courthouse.
You need to have these legal documents with you when you go to the courthouse.
You can find samples of these forms in a set of books called the TEXAS FAMILY PRACTICE MANUAL.
You must fill in these forms.
This is one of the reasons you need to hire an attorney.
An attorney knows how to fill out these forms.
The forms advertised on t.v. and radio sold by companies outside of Texas are NOT correct Texas forms that Judges are used to seeing.
If you puchase these forms be prepared for the Judge to reject them!
(You are probably wasting your money - so buyer beware!)
The Judge wants all parents (and/or parties with court ordered standing regarding this child) to be notified about this pending name change AND to agree IN WRITING to it.
There is a form called WAIVER OF SERVICE that must be properly notarized so that the other parent does NOT need to come to court to tell the judge that they agree to the name change.
I also like the other parent to sign the ORDER on the last page also confirming that they agree to the child's new name - that way the Judge knows that the other parent agrees to the child's name change.
Many people ask me if a judge will grant the name change because the other parent is behind in child support or for some other reason. Many judges will NOT grant a name change just because the other parent is behind in child support.
If you want to do a name change of a minor child, I recommend that you hire an experienced family law attorney that practiced in your county for many years and trust his/her advice.
If everyone agrees, most name changes can be done fairly quickly. There is no required waiting period lawsuits require in Texas.
Thứ Ba, 14 tháng 9, 2010
I married a person from another country to get his/her green card. Now I want a divorce.
Ok, it sounds like you have committed a federal crime. This is a BIG DEAL!
First, keep your mouth shut.
Second, contact an experienced attorney (not someone right out of law school) that does immigration law and family law.
Third, plan on paying some money. This is not going to be cheap. You need someone sharp. You need to listen to your attorney. You need to keep your ears sharp and your mouth shut!
Fourth, he/she lied to me. He/she has a lover. He/she used me. Well, I'm not surprised. I hear this a lot. It happens all the time. But you need to be careful. You might be hurt and mad. But you don't want to make things worst for yourself. You need to take things slowly and carefully.
Get to an attorney's office NOW!
First, keep your mouth shut.
Second, contact an experienced attorney (not someone right out of law school) that does immigration law and family law.
Third, plan on paying some money. This is not going to be cheap. You need someone sharp. You need to listen to your attorney. You need to keep your ears sharp and your mouth shut!
Fourth, he/she lied to me. He/she has a lover. He/she used me. Well, I'm not surprised. I hear this a lot. It happens all the time. But you need to be careful. You might be hurt and mad. But you don't want to make things worst for yourself. You need to take things slowly and carefully.
Get to an attorney's office NOW!
I live in Alaska and I owe $50,000 in TX in past due child support. What can happen to me?
Here is my answer:
You realize that this debt will never go away.
What does that mean?
If you have a bank account, it will eventually get "hit"
Any tax refund will go to her.
If you ever inherit any money, the Attorney General will intervene and get it.
If you die, the Attorney General will intervene and get anything you own.
When you retire, your Social Security will be reduced and money will be sent to your ex-wife.
You might want to go back and ask to reduce your child support if you cannot pay the $450.
Will you ever be arrested? The short answer is yes. So don't ever get stopped in case there is a arrest warrant issued for you.
You realize that this debt will never go away.
What does that mean?
If you have a bank account, it will eventually get "hit"
Any tax refund will go to her.
If you ever inherit any money, the Attorney General will intervene and get it.
If you die, the Attorney General will intervene and get anything you own.
When you retire, your Social Security will be reduced and money will be sent to your ex-wife.
You might want to go back and ask to reduce your child support if you cannot pay the $450.
Will you ever be arrested? The short answer is yes. So don't ever get stopped in case there is a arrest warrant issued for you.
Thứ Hai, 6 tháng 9, 2010
We are representing the wrongfully accused in San Antonio
The Baez Law Firm is representing a wrongfully accused client this week in San Antonio. We are doing this because, the DA is not dropping the charges, even though all the evidence points out to our client's innocence. This is called exculpatory evidence.
There is no physical evidence that directly links our client, the DNA evidence positively excludes our client but yet, the DA has not and will not do the right thing. This is because as everyone know, its election year. The DA has to prove that "she" will prosecute all offenders. The problem is that, too many of them are innocent.
Our lawyers have assemble a team of experts that will attempt to show the jury all the inconsistencies on the prosecution's case. Too many to list here on the blog. Our goal is to prove, one more time that, the DA's office is not infallible. Too much power can and will pervert the people in charge, including the DA's office.
We hope and pray that, based on the last piece of evidence, which excludes our client from the crime, the prosecutor will drop the case this time. If not, we will be there defending the wrongfully accused one more time.
The case will be tried in the 186th District Court in the Bexar County Court house this Tuesday,September 7, 2010. If you believe in justice, and if you believe that the prosecution can be wrong, please show your support and be there for our client.
There is no physical evidence that directly links our client, the DNA evidence positively excludes our client but yet, the DA has not and will not do the right thing. This is because as everyone know, its election year. The DA has to prove that "she" will prosecute all offenders. The problem is that, too many of them are innocent.
Our lawyers have assemble a team of experts that will attempt to show the jury all the inconsistencies on the prosecution's case. Too many to list here on the blog. Our goal is to prove, one more time that, the DA's office is not infallible. Too much power can and will pervert the people in charge, including the DA's office.
We hope and pray that, based on the last piece of evidence, which excludes our client from the crime, the prosecutor will drop the case this time. If not, we will be there defending the wrongfully accused one more time.
The case will be tried in the 186th District Court in the Bexar County Court house this Tuesday,September 7, 2010. If you believe in justice, and if you believe that the prosecution can be wrong, please show your support and be there for our client.
Thứ Sáu, 3 tháng 9, 2010
Homeowner’s Fight Involves Flag Tied to Tea Party - NYTimes.com
LAVEEN, Ariz.
This year, Mr. Andy C. McDonel began flying a yellow “Don’t Tread on Me” flag on his roof in this unincorporated area just outside Phoenix. The historic banner — which dates to 1775, when it was hoisted aboard ships during the initial days of the Revolutionary War — has been adopted by the Tea Party movement. But Mr. McDonel said that he had unfurled the flag for its historical significance and nothing else.
He notes that the banner, the Gadsden flag, has been widely used over the years and was even featured on the cover of a rock album. “Am I a Metallica fan because I’m using the flag?” he asked.
This month, he received a letter from the homeowners’ association ordering him to remove “the debris” from his roof. It threatened fines if the debris (i.e., the flag) did not go within 10 days. But Mr. McDonel, 32, a logistics operation manager, has vowed to fight the order.
“It’s a patriotic gesture,” he said of his banner. “It’s a historic military flag. It represents the founding fathers. It shows this nation was born out of an idea.”
The Avalon Village Community Association, which sent the letter, takes a strict interpretation of the state statute that allows Arizonans the right to fly a variety of flags — the Stars and Stripes, the state flag, flags representing Indian nations as well as the official flags of the Army, Navy, Air Force, Marines and Coast Guard.
The listing of acceptable flags stems from a dispute several years ago in nearby Chandler, Ariz., in which a woman with a son serving in Iraq was challenged by her homeowners’ association for flying the Marine Corps flag. State legislators intervened.
The Arizona law, says the homeowners’ association butting heads with Mr. McDonel, does not give residents authorization to fly anything else on their properties. That means no pennants bearing sports team logos, no Jolly Rogers, no rainbow banners celebrating gay pride and no historic flags showing a coiled rattlesnake baring its fangs.
As Javier B. Delgado, a lawyer for the homeowners’ association, put it in a statement on the association’s Web site:
“Should the Arizona Legislature expand the Community Association Flag Display Statute to include the Gadsden Flag, the Association will accommodate Mr. McDonel’s desire to display it. Bottom-line, anyone considering residing in a community association should carefully review the association’s governing documents beforehand to ensure that the community is a good fit for them.”
Mr. McDonel knows the rules well since, until July, he was a member of his homeowners’ association’s board of directors. He resigned in a dispute with the board’s president and shortly thereafter received his first debris notice. That one concerned a treadmill that he had left on his porch, which he admits was a violation of the rules. His second debris warning, which came weeks after that, concerned the flag, which had been up for about six months.
“If this is a grudge, it’s sad that the funds that the homeowners put into the association are being wasted on such a petty matter,” Mr. McDonel said.
Mr. Delgado, whose law firm represents thousands of homeowners’ associations, denies that any dispute among board members led to the citation of Mr. McDonel’s property. “There is still the potential for dialogue on both sides,” he said, indicating that no fines had yet been levied.
The homeowners’ association represents a community of tract homes in what had been a sprawling agricultural area.
A survey of Mr. McDonel’s neighbors after the dispute drew the attention of the local news media revealed more concern about the television trucks that have been parking in front of his property than the flag flapping on his roof.
After Mr. McDonel’s standoff was picked up by the media, the American Civil Liberties Union of Arizona jumped in on Mr. McDonel’s side, arguing that homeowners’ associations do not have the right to “hijack” the free speech rights of their members. The A.C.L.U. fired off a letter to the association on Monday that seeks a meeting with Mr. Delgado to resolve the matter without going as far as a lawsuit.
“We’re urging the homeowners’ association to adopt a less limited interpretation of the statute,” said Dan Pochoda, the legal director for the civil liberties group. “The Gadsden flag meets the spirit of the law. It’s a historic military flag. Many consider it the original American flag, before the Stars and Stripes.”
As for the political significance that the flag has taken on in this election season, Mr. Pochoda was uninterested, saying that Mr. McDonel’s motivation for flying the flag was irrelevant to the dispute. “We didn’t ask him,” Mr. Pochoda said.
As the flag becomes more popular — it was on prominent display on the Washington Mall last weekend during a rally organized by the conservative commentator Glenn Beck — more such disputes are expected. Already, a Colorado homeowner flying the same flag is locked in a standoff with his homeowners’ association. And in Connecticut, a group of retired Marines is challenging the Capitol Police’s decision blocking the Gadsden flag from being flown over the State Capitol.
By MARC LACEY, New York Times
Homeowner’s Fight Involves Flag Tied to Tea Party - NYTimes.com
Thứ Tư, 1 tháng 9, 2010
DPS Trooper Busted for Selling Real Texas Drivers' Licenses to Illegal Immigrants
A Houston Federal Grand Jury Indictment, unsealed yesterday by U.S. Attorney Juan Angel Moreno, gives the details behind the arrests of Department of Public Safety (DPS) trooper Mark DeArza, DPS clerk Lidia Gutierrez, and service station manager Maen Bittar, each charged with conspiracy to produce illegal identifications by selling fraudulent Texas drivers' licenses to illegal immigrants.
Apparently, this profitable DPS moonlighting business had been operating since last March. No news yet on how many Texas driver's licenses were sold. And, while they were fraudulently obtained, these weren't fake IDs made with the latest computer technology or some copier gizmo. Nope.
These buyers got the real thing: actual Texas Drivers' Licenses were being sold here. Real Ones. Just like the one in your wallet.
Smooth: Pay at the Gas Station, Scoot Over to the DPS Station and Get Your License
Apparently, they thought this through, and things were efficient: the service station guy sold the fake licenses to illegal immigrants from his gas station. Price? $3000 per license. Once he had the cash, he would send the buyers over to the nearby DPS office.
That's right: they walked right into the DPS office, where the clerk and the trooper would process them -- complete with driving test -- nevermind that they had no legal paperwork to establish citizenship, identity, or anything else.
These three are all out on bail right now ($50,000 each). If convicted of these federal charges, they may get 15 years in a federal facility along with a big, big fine of $250,000.00.
How Much Money Did They Make -- We Don't Know.
Let's see. Setting aside the illegally gotten gains here and just considering numbers: $250,000 equals 83 sales of $3000 Licenses. Wonder how much these folk made since March? Did they each sell over 14 licenses a month? Does this fine look that big to them? Just something to ponder.
Apparently, this profitable DPS moonlighting business had been operating since last March. No news yet on how many Texas driver's licenses were sold. And, while they were fraudulently obtained, these weren't fake IDs made with the latest computer technology or some copier gizmo. Nope.
These buyers got the real thing: actual Texas Drivers' Licenses were being sold here. Real Ones. Just like the one in your wallet.
Smooth: Pay at the Gas Station, Scoot Over to the DPS Station and Get Your License
Apparently, they thought this through, and things were efficient: the service station guy sold the fake licenses to illegal immigrants from his gas station. Price? $3000 per license. Once he had the cash, he would send the buyers over to the nearby DPS office.
That's right: they walked right into the DPS office, where the clerk and the trooper would process them -- complete with driving test -- nevermind that they had no legal paperwork to establish citizenship, identity, or anything else.
These three are all out on bail right now ($50,000 each). If convicted of these federal charges, they may get 15 years in a federal facility along with a big, big fine of $250,000.00.
How Much Money Did They Make -- We Don't Know.
Let's see. Setting aside the illegally gotten gains here and just considering numbers: $250,000 equals 83 sales of $3000 Licenses. Wonder how much these folk made since March? Did they each sell over 14 licenses a month? Does this fine look that big to them? Just something to ponder.
Transition in my law practice
Effective September 1, 2010, my law practice is going to be focused on mediation.
This year was my 20th reunion at South Texas College of Law, it has been a time of reflection for me.
I decided that I need to focus on my passion - mediation.
I'm very good at it and I find it rewarding and fulfilling.
I am referring callers to the following 2 attorneys:
Patricia Bushman
8978 Kirby Drive
Houston, Texas 77054
713-807-9405
pblawinfo@gmail.com
She has been licensed over 15 years -- less than 20 years.
Pat recently hired a young lawyer to assist her that speaks Spanish.
Pat has a competent office staff and is able to handle complex litigation.
Pat is in court almost everyday.
She has handled many jury trials.
I call her my pit bull. She is tough.
She is exceptional at analyzing complex legal issues and knowing what the judge will focus on.
She is well respected by the judges because she is in the courtroom regularly.
She is willing to go to surrounding counties - including Montgomery County.
She is also a mediator.
I rent space in her office.
Her first meeting is free and she quotes her price at that time.
She offers payment plans and accepts credit cards.
She meets afternoons, nights and week-ends.
Please mention that I referred you - I will get a discount on my rent.
Rose Cardenas
713-271-4110
832-419-4110
rosecardenas@live.com
She has been licensed over 25 years.
She is in the courtroom on a daily basis.
She is well respected by the judiciary and by her fellow lawyers.
She offices with her brother, Robert Cardenas, and he does criminal law primarily.
She is very hands on and takes a limited number of cases.
She is compassionate, but is not a push-over.
She speaks Spanish.
She returns all of her own phone calls, so you must be patient.
Leave a message and she will call you back.
Her brother's website is http://www.attorneyhoustontx.net/
You will need to talk to Rose about her fee schedule.
Both of these attorneys will be able to assist you if you are interested in uncontested matters and in "creative" solutions to your family law problems.
There are many excellent attorneys in the Houston area.
Generally speaking, for the average family, no uncontested legal matter should cost more than $4,000 if the parties are willing to work together and not spend hours talking the attorney's ear off!
I have had a divorce with no kids, no property cost over $6,000, but the couple fought over everything and we spent 6 hours at the courthouse fighting over a used Timex watch!
I recommend that you check out http://www.lawguru.com/ and http://www.avvo.com/. However, do not trust the avvo.com rating. Many excellent attorneys have never "claimed" their avvo profile. I just happened to click on their email and be on the first attorneys to claim my profile!
This year was my 20th reunion at South Texas College of Law, it has been a time of reflection for me.
I decided that I need to focus on my passion - mediation.
I'm very good at it and I find it rewarding and fulfilling.
I am referring callers to the following 2 attorneys:
Patricia Bushman
8978 Kirby Drive
Houston, Texas 77054
713-807-9405
pblawinfo@gmail.com
She has been licensed over 15 years -- less than 20 years.
Pat recently hired a young lawyer to assist her that speaks Spanish.
Pat has a competent office staff and is able to handle complex litigation.
Pat is in court almost everyday.
She has handled many jury trials.
I call her my pit bull. She is tough.
She is exceptional at analyzing complex legal issues and knowing what the judge will focus on.
She is well respected by the judges because she is in the courtroom regularly.
She is willing to go to surrounding counties - including Montgomery County.
She is also a mediator.
I rent space in her office.
Her first meeting is free and she quotes her price at that time.
She offers payment plans and accepts credit cards.
She meets afternoons, nights and week-ends.
Please mention that I referred you - I will get a discount on my rent.
Rose Cardenas
713-271-4110
832-419-4110
rosecardenas@live.com
She has been licensed over 25 years.
She is in the courtroom on a daily basis.
She is well respected by the judiciary and by her fellow lawyers.
She offices with her brother, Robert Cardenas, and he does criminal law primarily.
She is very hands on and takes a limited number of cases.
She is compassionate, but is not a push-over.
She speaks Spanish.
She returns all of her own phone calls, so you must be patient.
Leave a message and she will call you back.
Her brother's website is http://www.attorneyhoustontx.net/
You will need to talk to Rose about her fee schedule.
Both of these attorneys will be able to assist you if you are interested in uncontested matters and in "creative" solutions to your family law problems.
There are many excellent attorneys in the Houston area.
Generally speaking, for the average family, no uncontested legal matter should cost more than $4,000 if the parties are willing to work together and not spend hours talking the attorney's ear off!
I have had a divorce with no kids, no property cost over $6,000, but the couple fought over everything and we spent 6 hours at the courthouse fighting over a used Timex watch!
I recommend that you check out http://www.lawguru.com/ and http://www.avvo.com/. However, do not trust the avvo.com rating. Many excellent attorneys have never "claimed" their avvo profile. I just happened to click on their email and be on the first attorneys to claim my profile!
www.RocketLaw.com
Please do not send me an email through http://www.rocketlaw.com/.
I cannot reply to any email sent to that website. I can read the emails but I cannot reply to them!
It is very frustrating.
Their website requires that I pay they over $89 a month to reply to emails! It just is not worth it for one or two emails a month. Additionally, most of the people on this website are from all over Texas. I am only interested in cases in the Houston area. I have no interest in cases in Dallas, El Paso, the Valley, etc. I have been listed on this website for many years and it used to be free to answer questions. The questions never generated any new business for me but I considered it a public service.
When I receive an email from Rocket Law it does not contain any identifying information such as a phone number or email so that I can contact the person directly.
It is frustrating to read about a person's problem and then not be able to reply to them.
Therefore, please don't get angry at me for not replying to your emails through http://www.rocketlaw.com/.
I cannot reply to any email sent to that website. I can read the emails but I cannot reply to them!
It is very frustrating.
Their website requires that I pay they over $89 a month to reply to emails! It just is not worth it for one or two emails a month. Additionally, most of the people on this website are from all over Texas. I am only interested in cases in the Houston area. I have no interest in cases in Dallas, El Paso, the Valley, etc. I have been listed on this website for many years and it used to be free to answer questions. The questions never generated any new business for me but I considered it a public service.
When I receive an email from Rocket Law it does not contain any identifying information such as a phone number or email so that I can contact the person directly.
It is frustrating to read about a person's problem and then not be able to reply to them.
Therefore, please don't get angry at me for not replying to your emails through http://www.rocketlaw.com/.
Thứ Ba, 31 tháng 8, 2010
Help us select our logo
The Baez Law Firm is a general practice law firm that cares about your legal needs. Since we handle most areas of law, our clients benefit from a variety of services in one place. We call this, the one stop shop for legal services.
Help us select our logo! We believe that the more people help us with our selection, the more impact will be made across Texas. Please select from choices one, two or three.
Our lawyers can help you with your criminal case, family case, personal injury case including malpractice, police brutality or auto accident. We handle appeals, litigation and bankruptcy in general . Come see us, and let us help you with your legal needs.
Thứ Năm, 26 tháng 8, 2010
Cost and Fee-Shifting in Texas Adverse Possession Cases
There is little doubt that adverse possession lawsuits can be costly. Litigants to these title disputes -- where the key evidence is necessarily historical and often pre-dates current ownership of a given property -- frequently incur substantial expense in surveys, document searches, depositions of prior owners, expert witnesses and title searches. Naturally, a real estate lawyer's time associated with weaving or undermining a credible claim for ownership which is contrary to "legal title" as it appears in the deed records can also translate into significant attorneys' fees. Thus, property owners with boundary disputes often inquire about the possibility of recovering their costs and attorneys' fees in the event that the prevail in an adverse possession case.
For all its criticism, the Texas Legislature has generally been sensitive to the sanctity of land ownership in Texas. For that reason, it enacted Section 16.034(a) of the Texas Civil Practice and Remedies Code to allow the Court (in its discretion) to award costs and reasonable attorneys' fees to the prevailing party in a suit for the possession of real property where one party is "claiming under record title to the property and one claiming by adverse possession." TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a). However, this grant of discretionary authority for trial courts to award fees didn't have much of an impact on the number of adverse possession suits, including those where claims of ownership by adverse possession were simply frivolous.
To address this concern, statutory revisions were made in 2009, and Section 16.034(a) now requires the trial court to award attorney’s fees “if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith, . . . .” TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a) (Vernon Supp. 2009).
The issue of unlawful possession is still part and parcel of the availability of attorney’s fees under section 16.034(a). TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a). However, under the statutory revisions, the presence of these elements, together with a finding of bad faith, frivolity and/or groundlessness will necessarily result in the shifting of costs and attorneys' fees.
When considering whether to litigate a trespass, title dispute or adverse possession claim, a landowner shouldn't count on having the opposing party pay his or her attorneys' fees. However, given the 2009 revisions to Section 16.034(a), the frequency of such recovery in those cases involving groundless claims of adverse possession seem much better.
For all its criticism, the Texas Legislature has generally been sensitive to the sanctity of land ownership in Texas. For that reason, it enacted Section 16.034(a) of the Texas Civil Practice and Remedies Code to allow the Court (in its discretion) to award costs and reasonable attorneys' fees to the prevailing party in a suit for the possession of real property where one party is "claiming under record title to the property and one claiming by adverse possession." TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a). However, this grant of discretionary authority for trial courts to award fees didn't have much of an impact on the number of adverse possession suits, including those where claims of ownership by adverse possession were simply frivolous.
To address this concern, statutory revisions were made in 2009, and Section 16.034(a) now requires the trial court to award attorney’s fees “if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith, . . . .” TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a) (Vernon Supp. 2009).
The issue of unlawful possession is still part and parcel of the availability of attorney’s fees under section 16.034(a). TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a). However, under the statutory revisions, the presence of these elements, together with a finding of bad faith, frivolity and/or groundlessness will necessarily result in the shifting of costs and attorneys' fees.
When considering whether to litigate a trespass, title dispute or adverse possession claim, a landowner shouldn't count on having the opposing party pay his or her attorneys' fees. However, given the 2009 revisions to Section 16.034(a), the frequency of such recovery in those cases involving groundless claims of adverse possession seem much better.
Recovery of Attorney's Fees in Adverse Possession Cases
There is little doubt that adverse possession lawsuits can be costly. Litigants to these title disputes -- where the key evidence is necessarily historical and often pre-dates current ownership of a given property -- frequently incur substantial expense in surveys, document searches, depositions of prior owners, expert witnesses and title searches. Naturally, a real estate lawyer's time associated with weaving or undermining a credible claim for ownership which is contrary to "legal title" as it appears in the deed records can also translate into significant attorneys' fees. Thus, property owners with boundary disputes often inquire about the possibility of recovering their costs and attorneys' fees in the event that the prevail in an adverse possession case.
For all its criticism, the Texas Legislature has generally been sensitive to the sanctity of land ownership in Texas. For that reason, it enacted Section 16.034(a) of the Texas Civil Practice and Remedies Code to allow the Court (in its discretion) to award costs and reasonable attorneys' fees to the prevailing party in a suit for the possession of real property where one party is "claiming under record title to the property and one claiming by adverse possession." TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a). However, this grant of discretionary authority for trial courts to award fees didn't have much of an impact on the number of adverse possession suits, including those where claims of ownership by adverse possession were simply frivolous.
To address this concern, statutory revisions were made in 2009, and Section 16.034(a) now requires the trial court to award attorney’s fees “if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith, . . . .” TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a) (Vernon Supp. 2009).
The issue of unlawful possession is still part and parcel of the availability of attorney’s fees under section 16.034(a). TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a). However, under the statutory revisions, the presence of these elements, together with a finding of bad faith, frivolity and/or groundlessness will necessarily result in the shifting of costs and attorneys' fees.
When considering whether to litigate a trespass, title dispute or adverse possession claim, a landowner shouldn't count on having the opposing party pay his or her attorneys' fees. However, given the 2009 revisions to Section 16.034(a), the frequency of such recovery in those cases involving groundless claims of adverse possession seem much better.
For all its criticism, the Texas Legislature has generally been sensitive to the sanctity of land ownership in Texas. For that reason, it enacted Section 16.034(a) of the Texas Civil Practice and Remedies Code to allow the Court (in its discretion) to award costs and reasonable attorneys' fees to the prevailing party in a suit for the possession of real property where one party is "claiming under record title to the property and one claiming by adverse possession." TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a). However, this grant of discretionary authority for trial courts to award fees didn't have much of an impact on the number of adverse possession suits, including those where claims of ownership by adverse possession were simply frivolous.
To address this concern, statutory revisions were made in 2009, and Section 16.034(a) now requires the trial court to award attorney’s fees “if the court finds that the person unlawfully in actual possession made a claim of adverse possession that was groundless and made in bad faith, . . . .” TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a) (Vernon Supp. 2009).
The issue of unlawful possession is still part and parcel of the availability of attorney’s fees under section 16.034(a). TEX. CIV. PRAC. & REM. CODE ANN. § 16.034(a). However, under the statutory revisions, the presence of these elements, together with a finding of bad faith, frivolity and/or groundlessness will necessarily result in the shifting of costs and attorneys' fees.
When considering whether to litigate a trespass, title dispute or adverse possession claim, a landowner shouldn't count on having the opposing party pay his or her attorneys' fees. However, given the 2009 revisions to Section 16.034(a), the frequency of such recovery in those cases involving groundless claims of adverse possession seem much better.
Thứ Năm, 19 tháng 8, 2010
City Appeal Fails to Overturn Order Blocking Apartment Demolition
On August 18, the Fourth Court of Appeals upheld a Bexar County trial court's issuance of a temporary injunction preventing the City of San Antonio (COSA) from demolishing an apartment complex undergoing renovations.
COSA appealed the issuance of the injunction, and the trial court's denial of its plea to the jurisdiction on grounds that the Plaintiff -- a bank who had provided over a half-million dollars in financing for the apartment's new owner's purchase and renovation efforts -- lacked standing to challenge the planned demolition. In essence, COSA asserted that the Bank, as a mere lender and not owner of the complex, lacked sufficient interest in the property to challenge the City's previously-issued demolition order.
In an opinion authored by Chief Justice Catherine Stone, the San Antonio Appellate Court found that the bank -- as an innocent lender -- maintained standing under the Warranty Deed and Deed of Trust to seek Court declarations of its rights (vis-a-vis the City) under those documents. The Fourth Court also determined that because COSA failed to file a copy of the demolition order in the Official Public Records of Real Property, notice of the impending demolition was not imputed to the bank, and the injunction preventing demolition was proper.
Based on the foregoing, the trial court's injunction order was affirmed.
COSA appealed the issuance of the injunction, and the trial court's denial of its plea to the jurisdiction on grounds that the Plaintiff -- a bank who had provided over a half-million dollars in financing for the apartment's new owner's purchase and renovation efforts -- lacked standing to challenge the planned demolition. In essence, COSA asserted that the Bank, as a mere lender and not owner of the complex, lacked sufficient interest in the property to challenge the City's previously-issued demolition order.
In an opinion authored by Chief Justice Catherine Stone, the San Antonio Appellate Court found that the bank -- as an innocent lender -- maintained standing under the Warranty Deed and Deed of Trust to seek Court declarations of its rights (vis-a-vis the City) under those documents. The Fourth Court also determined that because COSA failed to file a copy of the demolition order in the Official Public Records of Real Property, notice of the impending demolition was not imputed to the bank, and the injunction preventing demolition was proper.
Based on the foregoing, the trial court's injunction order was affirmed.
City Loses Appeal in Bid to Demolish Apartment Complex
On August 18, the Fourth Court of Appeals upheld a Bexar County trial court's issuance of a temporary injunction preventing the City of San Antonio (COSA) from demolishing an apartment complex undergoing renovations.
COSA appealed the issuance of the injunction, and the trial court's denial of its plea to the jurisdiction on grounds that the Plaintiff -- a bank who had provided over a half-million dollars in financing for the apartment's new owner's purchase and renovation efforts -- lacked standing to challenge the planned demolition. In essence, COSA asserted that the Bank, as a mere lender and not owner of the complex, lacked sufficient interest in the property to challenge the City's previously-issued demolition order.
In an opinion authored by Chief Justice Catherine Stone, the San Antonio Appellate Court found that the bank -- as an innocent lender -- maintained standing under the Warranty Deed and Deed of Trust to seek Court declarations of its rights (vis-a-vis the City) under those documents. The Fourth Court also determined that because COSA failed to file a copy of the demolition order in the Official Public Records of Real Property, notice of the impending demolition was not imputed to the bank, and the injunction preventing demolition was proper.
Based on the foregoing, the trial court's injunction order was affirmed.
COSA appealed the issuance of the injunction, and the trial court's denial of its plea to the jurisdiction on grounds that the Plaintiff -- a bank who had provided over a half-million dollars in financing for the apartment's new owner's purchase and renovation efforts -- lacked standing to challenge the planned demolition. In essence, COSA asserted that the Bank, as a mere lender and not owner of the complex, lacked sufficient interest in the property to challenge the City's previously-issued demolition order.
In an opinion authored by Chief Justice Catherine Stone, the San Antonio Appellate Court found that the bank -- as an innocent lender -- maintained standing under the Warranty Deed and Deed of Trust to seek Court declarations of its rights (vis-a-vis the City) under those documents. The Fourth Court also determined that because COSA failed to file a copy of the demolition order in the Official Public Records of Real Property, notice of the impending demolition was not imputed to the bank, and the injunction preventing demolition was proper.
Based on the foregoing, the trial court's injunction order was affirmed.
Chủ Nhật, 15 tháng 8, 2010
Help us get to our goal!
We have joined the Alamo Crossfit team for a worthy cause. Fight Gone Bad 5. This year, we want to raise over $20,000 for our wounded warriors. Let's make every sacrifice that our soldiers made for us worth something.
Every year, soldiers are asked to make the ultimate sacrifice and they do it without thinking about it, so that we can enjoy the freedoms that we do.
Now, its time we give back something to them.
Please, help us help them live a better life. Thanks.
Thứ Tư, 4 tháng 8, 2010
Ex-Judge Samuel Kent Wants Out of Jail: It's Been a Cruel and Abusive Experience. Surprise.
We've posted about Samuel Kent before -- following his path from a setting federal district judge in Galveston, Texas indicted for sex crimes, through his incarceration after he entered into a plea agreement (he was also the subject of impeachment, but that's a rabbit trail at this point).
He's always been rather creative and surprising in his legal strategies -- remember when he resigned one year in advance, in a fight to keep his pension? -- and this week's filing is no different.
Former Federal Judge Kent Finds Life Behind Bars "Cruel" so He Files Motion for Release
This week, Samuel Kent has filed a former request that his sentence be vacated and corrected. Why? Kent argues that the Bureau of Prisons has allegedly ignored the "intended sentence," entered in May 2009 by (1) denying him admission into the substance abuse program (for the reason that Kent had been sober for a full year before he was arrested); and (2) classifying Kent as a "sex offender" because the prosecution dismissed the sex allegation charges against him. Among other things.
While an inmate in a Florida facility, former judge Samuel Kent provides such facts to support his request as (1) he has suffered from listening to another inmate as the inmate was being raped; and (2) he was forced by a Florida prison official (a "sargeant") to do calisthenics in the nude.
There's lots more. Suffice to say, ex-Judge Kent's filing has a lot more juice to it than anything Lindsay Lohen has filed in the past six months.
Read the details for yourself in the Memorandum filed in concurrance with the Motion yesterday.
He's always been rather creative and surprising in his legal strategies -- remember when he resigned one year in advance, in a fight to keep his pension? -- and this week's filing is no different.
Former Federal Judge Kent Finds Life Behind Bars "Cruel" so He Files Motion for Release
This week, Samuel Kent has filed a former request that his sentence be vacated and corrected. Why? Kent argues that the Bureau of Prisons has allegedly ignored the "intended sentence," entered in May 2009 by (1) denying him admission into the substance abuse program (for the reason that Kent had been sober for a full year before he was arrested); and (2) classifying Kent as a "sex offender" because the prosecution dismissed the sex allegation charges against him. Among other things.
While an inmate in a Florida facility, former judge Samuel Kent provides such facts to support his request as (1) he has suffered from listening to another inmate as the inmate was being raped; and (2) he was forced by a Florida prison official (a "sargeant") to do calisthenics in the nude.
There's lots more. Suffice to say, ex-Judge Kent's filing has a lot more juice to it than anything Lindsay Lohen has filed in the past six months.
Read the details for yourself in the Memorandum filed in concurrance with the Motion yesterday.
Thứ Ba, 3 tháng 8, 2010
Need a criminal lawyers, come see us!
When you are faced with the possibilities of facing the law, do not do it alone. We are here to help you. Our San Antonio lawyers have been helping the wrongfully accused throughout Texas. We strive to provide you, our client, with legal representation that is honest, effective and affordable.Our motto says it best "we care about your legal needs." The DA is the biggest law firm with the most resources to their disposal. Do not let the biggest law firm in Bexar County convict you without a fight. You need The Baez Law Firm on your side.
You are always presumed to be innocent, unless proven guilty. In Texas, that is not the case. Many juries already have the notion that, because you were charged, jailed and now tried that you "must be guilty;" however, that is not the case. That is what the DA will attempt to do. Do not let them.
You are not guilty because you were arrested. You are guilty when you commit a crime and you are found guilty of it, Period! We do not represent criminal, we represent the wrongfully accused. Give us a call (210) 979-9777.
Thứ Tư, 28 tháng 7, 2010
Our newest voice and face for the law firm
Felicia Montoya has become the newest face and voice of our law firm. Ms. Montoya has extensive customer service experience and skills that would be helpful to all our clients and prospective clients.
Ms. Montoya is a native San Antonian. She is married and has two children. Call us today (210) 979-97777 and you will hear her voice and see for yourself her professionalism and enthusiasm which its very contagious.
The Baez Law Firm is a general practice law firm that cares about your legal needs. We are San Antonio lawyers and attorneys that will handle your case with respect and dignity.
When you need attonreys to handle your personal injury case, family law, criminal law, business law, consumer law, bankruptcy law, appeals, or any other area of law, you need our legal team.
Thứ Bảy, 24 tháng 7, 2010
Social Study Evaluations
I've read some Social Studies by caseworkers that are very scary. Some workers put in all sorts of "gossip" and heresay. Some of the workers are good and some are bad.
For example, if a person is nervous, they might put in that the person is "hiding things" "frightened" or other negatives adjectives that might alarm the judge.
The judges read these social study evaluations carefully.
In one case, maternal grandmother was the primary caregiver of the minor children. The father's family all reported that the maternal grandmother gambled a lot and was not present to care for the children. The maternal grandmother's family claimed that grandmother never gambled and that they were all lying. (It is difficult to prove the negative.) But since grandmother did not drive it was difficult for her to travel to Louisiaina for her to gramble.
What should you do to prepare for a social study evaluation?
Make sure that your home is spotless.
Be sure there is food in the refrigerator and pantry
Look good when the worker visits.
Make sure the kid(s) look good.
Offer the worker something to eat and drink
Give the worker a list of friends and family to contact - be sure that these people know that they will be contacted and/or visited and be sure they have a "script" of what they are going to say
You need to include each persons name, address and phone number along with a brief descripton of what they can tell the worker about you and the other party
Have a photo album available to show the worker of you and the child(ren) of happy times (birthdays, holidays, vacations)
It's nice to include photos of the other parent when the family was still together
Be sure you interact with the child(ren) appropriately
Be sure you appropriately discipline the child(ren) in his/her presence if the child(ren) misbehave
DO NOT HIT THE KIDS OR SCREAM AT THE KID(S)
Be sure to act lovingly to the child(ren) & touch them -- but don't hold the child(ren) the entire visit
Don't bad mouth the other person (and family) totally -- remember that at one time you chose to be in a relationship with this person and to have child(ren) with this person!
If you have written evidence (recordings, emails, etc.) give a copy to the worker for their records
Everything you say to them can go into their report
Don't make casual remarks ("I could just kill myself" or "sometimes I cry myself to sleep I'm so depressed") because it will be in their report!
The worker is going to ask you a lot about you and your past - be prepared to answer it & be prepared to have a list of references to give to worker to verify what you are telling the worker
Your age
Your family
Your education
Your employment
Your health
Your religious background
Places you have lived
You need to be prepared to discuss your entire life in a few short minutes
Thứ Bảy, 17 tháng 7, 2010
Need a criminal defense attorney in San Antonio, come see us
The Baez Law Firm has been helping the wrongfully accused in San Antonio successfully. We have a talented group of attorneys and paralegals that prepare your case with respect and dignity, and that is true with our new addition of Hector Gonzales III to our staff as an of counsel to the firm.
We have San Antonio Lawyers and San Antonio Attorneys here to help you with your legal needs. The secret to our success is that we do not defend criminals, we defend the wrongfully accused. Since the District Attorney's Office do their job, you need some one to do the job for you, and that is when we come in.
We will prepare an honest, efficient and talented defense for your case base on the facts and true. As we say it, and the truth shall set you free. That is our model, and we will continue to fight for your legal needs in San Antonio.
Come see us, and you will know why we are so good at what we do, because we care about your legal needs. Let us help you with your legal problems. Let us be your legal team.
We have San Antonio Lawyers and San Antonio Attorneys here to help you with your legal needs. The secret to our success is that we do not defend criminals, we defend the wrongfully accused. Since the District Attorney's Office do their job, you need some one to do the job for you, and that is when we come in.
We will prepare an honest, efficient and talented defense for your case base on the facts and true. As we say it, and the truth shall set you free. That is our model, and we will continue to fight for your legal needs in San Antonio.
Come see us, and you will know why we are so good at what we do, because we care about your legal needs. Let us help you with your legal problems. Let us be your legal team.
Thứ Sáu, 16 tháng 7, 2010
Do It Yourself Divorce Kits from Radio orTelevision Ads
I have seen many of them.
Most of them are "trash". Sorry! You get what you pay for.
If they are from California, Washington, Florida, New York, or Colorado they do not contain the right information that the Texas judges want.
They don't look right and they don't have the "Texas wording" the Judges are used to seeing.
You need to listen to the spokesman in the ad carefully. The ad is carefully written. These companies are making millions of dollars on people trying to save money! They are laughing all the way to the bank. They are counting on your fear of attorneys and your desire to save money.
The first thing I would want to know is - how long is their guarantee? If it is less than 90 days - FORGET IT. Their gurantee is worthless for a Texas divorce.
A divorce in less must be on file for more than 60 days. So you won't know if their kit works if their gurantee is less than 75 days!
Do they use the word "matrimonial"? If so, that shows that it was not prepared by a Texas lawyer. We just don't use that word in Texas.
Do you have a BVS form? It is required in Texas for your divorce to be finalized in Harris County. The kits sold on the internet, radio and t.v. don't include it. Why? Because those guys have never set foot in Texas
Have I scared you yet!
Do check off the "right" answers?
Do you have any idea how much the judges hate these forms?
Do you have any idea how many people can't even fill these forms out correctly?
Do you realize that if you fill these forms out wrong - you are struck with the answers?
If you own any real estate, you are really doing setting yourself up for disaster in the future that require thousands of dollars in legal fees to "fix" the mess you are creating in this "quicky" divorce.
Many people think they are saving money by using an on-line divorce form. However, in reality, they are actually going to be spending a lot more money by having to hire an attorney later to fix their legal mess later!
It's easier to hire an attorney early than to hire an attorney later to fix a legal disaster!
If you can't figure it out, then I charge $150 an hour, to sit down with you and try to figure what what you are trying to do.
Or you can go to my website WWW.FAMILYLAW4U.COM and look at my DO IT YOURSELF will kits.
713-847-6000
Most of them are "trash". Sorry! You get what you pay for.
If they are from California, Washington, Florida, New York, or Colorado they do not contain the right information that the Texas judges want.
They don't look right and they don't have the "Texas wording" the Judges are used to seeing.
You need to listen to the spokesman in the ad carefully. The ad is carefully written. These companies are making millions of dollars on people trying to save money! They are laughing all the way to the bank. They are counting on your fear of attorneys and your desire to save money.
The first thing I would want to know is - how long is their guarantee? If it is less than 90 days - FORGET IT. Their gurantee is worthless for a Texas divorce.
A divorce in less must be on file for more than 60 days. So you won't know if their kit works if their gurantee is less than 75 days!
Do they use the word "matrimonial"? If so, that shows that it was not prepared by a Texas lawyer. We just don't use that word in Texas.
Do you have a BVS form? It is required in Texas for your divorce to be finalized in Harris County. The kits sold on the internet, radio and t.v. don't include it. Why? Because those guys have never set foot in Texas
Have I scared you yet!
Do check off the "right" answers?
Do you have any idea how much the judges hate these forms?
Do you have any idea how many people can't even fill these forms out correctly?
Do you realize that if you fill these forms out wrong - you are struck with the answers?
If you own any real estate, you are really doing setting yourself up for disaster in the future that require thousands of dollars in legal fees to "fix" the mess you are creating in this "quicky" divorce.
Many people think they are saving money by using an on-line divorce form. However, in reality, they are actually going to be spending a lot more money by having to hire an attorney later to fix their legal mess later!
It's easier to hire an attorney early than to hire an attorney later to fix a legal disaster!
If you can't figure it out, then I charge $150 an hour, to sit down with you and try to figure what what you are trying to do.
Or you can go to my website WWW.FAMILYLAW4U.COM and look at my DO IT YOURSELF will kits.
713-847-6000
Thứ Sáu, 9 tháng 7, 2010
ADR Conflict Resolution & Mediation Exchange Comments on Linkedin.com
I am a member of the www.linkedin.com group on ADR, Conflict Resolution & Mediation Exchange.
This week an interesting question was posted that generated a lot of interesting answers.
The question that was posted was: “What single phrase or mantra do you use to support yourself when the going gets tough in supporting others to resolve conflicts or when you are in conflict with others?"
Here are samples of some of my favorite answers – some serious and some not so serious:
• “Trust the process” is one I have found useful
• “Stay curious” – especially when I am in conflict with others. I will also sometimes adopt the Alice in Wonderland phrase “curiouser and curiouser” to do “deepening work” in a mediation
• Anger is a vehicle of communication that always carries a message. The person who expresses anger is trying to present information. Often it is information that, without the anger, he wouldn’t have the courage to express…
• I try to focus on the underlying message, not necessarily the expressed emotion or the surface message. I guess my mantra would be “I wonder what is underneath this”
• If this were easy, anyone could do it
• Expect emotion, not logic and respect emotions of others
• I have found that emotions are 80% and logic is 20%, and when we negate the emotions of the other we are insulting and irritating the persons more. Respect their feelings, feelings are never right or wrong, so don’t use logic to analyze the feelings. Show empathy and compassion for them, and slowly the logic will surface.
• Anger is like quicksand; the more you fight or try to control it, the deeper you sink…Bottom line, personal perspective of the situation is paramount. What am I feeling? What am I thinking? My mantra is “It’s all good”
• Think outside the box
• Conflict is usually emotionally driven and not logic driven
• I take my ego out of the process and let the “magic” happen
• I am visualizing my hands slowly closing around your neck
• Lets take a step back and evaluate how you would advise someone if they were in the same situation – evaluative role playing at its best
• My primary role is to actively listen. Most people just want someone to HEAR them and acknowledge their pain in a safe environment.
• It will unfold
• I am the guardian of the process; I am not in charge of the outcome
• Breathe
• Goddess, let me be a channel for your peace, your love and your clarity
• Stay present and pay attention
• KISS – keep it simple & short
• Patience is a virtue
• I think to myself after I just heard something alarming…take a couple of deep breathes, remain calm, do not let my face show any strong reaction, don’t say anything to inflame the situation, be thankful that this is one mistake that I chose not to make in this life & remember there are 2 sides to every story
• I’ve observed that for some people I am exposing them to a completely new way of conflict resolution that they have never tried before
• The alternative to resolving this dispute is playing the mutual game of death by a thousand bleeding wounds inflicting on each other – day after day – month after month – year after year. One of you wins a bloody victory not worth winning – the other a loss – marked by pain, suffering, financial loss and the empty feeling of frustration. This war needs to be ended now.
• When I have finished listening to someone in a conflict, I say that I understand the complainant’s point of view and then look for common threads in all arguments to reach a mutually acceptable resolution. You know you have been successful in mediation when both sides are a little bit on happy. One of my clients stated that after a successful mediation.
• Take light things seriously, and seriously things lightly
• As self talk, “stay calm, be courageous, and watch for the signs”
• My favorite is “trust the process”
• Do I have a dog in this hunt?
• The 2 most liberating phrases for me are “I don’t know” and “you may be right”
• I like one my mother used to say – “this too shall pass
This week an interesting question was posted that generated a lot of interesting answers.
The question that was posted was: “What single phrase or mantra do you use to support yourself when the going gets tough in supporting others to resolve conflicts or when you are in conflict with others?"
Here are samples of some of my favorite answers – some serious and some not so serious:
• “Trust the process” is one I have found useful
• “Stay curious” – especially when I am in conflict with others. I will also sometimes adopt the Alice in Wonderland phrase “curiouser and curiouser” to do “deepening work” in a mediation
• Anger is a vehicle of communication that always carries a message. The person who expresses anger is trying to present information. Often it is information that, without the anger, he wouldn’t have the courage to express…
• I try to focus on the underlying message, not necessarily the expressed emotion or the surface message. I guess my mantra would be “I wonder what is underneath this”
• If this were easy, anyone could do it
• Expect emotion, not logic and respect emotions of others
• I have found that emotions are 80% and logic is 20%, and when we negate the emotions of the other we are insulting and irritating the persons more. Respect their feelings, feelings are never right or wrong, so don’t use logic to analyze the feelings. Show empathy and compassion for them, and slowly the logic will surface.
• Anger is like quicksand; the more you fight or try to control it, the deeper you sink…Bottom line, personal perspective of the situation is paramount. What am I feeling? What am I thinking? My mantra is “It’s all good”
• Think outside the box
• Conflict is usually emotionally driven and not logic driven
• I take my ego out of the process and let the “magic” happen
• I am visualizing my hands slowly closing around your neck
• Lets take a step back and evaluate how you would advise someone if they were in the same situation – evaluative role playing at its best
• My primary role is to actively listen. Most people just want someone to HEAR them and acknowledge their pain in a safe environment.
• It will unfold
• I am the guardian of the process; I am not in charge of the outcome
• Breathe
• Goddess, let me be a channel for your peace, your love and your clarity
• Stay present and pay attention
• KISS – keep it simple & short
• Patience is a virtue
• I think to myself after I just heard something alarming…take a couple of deep breathes, remain calm, do not let my face show any strong reaction, don’t say anything to inflame the situation, be thankful that this is one mistake that I chose not to make in this life & remember there are 2 sides to every story
• I’ve observed that for some people I am exposing them to a completely new way of conflict resolution that they have never tried before
• The alternative to resolving this dispute is playing the mutual game of death by a thousand bleeding wounds inflicting on each other – day after day – month after month – year after year. One of you wins a bloody victory not worth winning – the other a loss – marked by pain, suffering, financial loss and the empty feeling of frustration. This war needs to be ended now.
• When I have finished listening to someone in a conflict, I say that I understand the complainant’s point of view and then look for common threads in all arguments to reach a mutually acceptable resolution. You know you have been successful in mediation when both sides are a little bit on happy. One of my clients stated that after a successful mediation.
• Take light things seriously, and seriously things lightly
• As self talk, “stay calm, be courageous, and watch for the signs”
• My favorite is “trust the process”
• Do I have a dog in this hunt?
• The 2 most liberating phrases for me are “I don’t know” and “you may be right”
• I like one my mother used to say – “this too shall pass
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