Murphy’s Law Blog

In my first year as an attorney I was not happy working for someone else, so I decided to go to work for the only lawyer I could really respect…me. I read everything the state bar, the American Bar Association and the library had about opening a law firm. [One of the things I know is that there is always another book to read. For example, when we found out we were pregnant with our first child, D’Arcy and I compiled an annotated bibliography on the topic.] I ran the numbers and talked it over with my wife. There was no way it would work. There is just too much to do and the money is hard to come by. Also, I had already committed to run for the vacant Texas House seat. Too much to do in not enough time. The secret is to jump off the cliff and keep flapping your arms til you learn how to fly.

Of course, I jumped off the cliff and I have had a great year but also an eventful year to say the least.

The election was bigger than any of us thought it would be. While I was not successful in my bid for election (this time) it was a great honor to be on the ballot as history was being made. I met so many great people. Also, I spent a great deal of time briefing issues that I was unaware of just a year ago-aquaculture, public school finance and ground water conservation districts to name a few.

In July I had a burglary and lost a laptop and a prized telecaster. That still hurts. (The tele more than the laptop).

In September we had some weather–IKE. I lost power for nearly two weeks in the office. I learned how to practice law without the convenience of a electricity. I learned to use a car battery to run my modem so that I could e-file and meet deadlines. I worked as a volunteer lawyer for the Houston Bar Association Legallines hotline, gave free legal advice to clients, cleared trees and made coffee on a campfire. I enjoyed the vacation but there were constant reminders that I had been very fortunate. I was in court in Galveston County shortly after Ike. All of the other attorneys, including the judge, had suffered some loss to their homes. One attorney, who had been in the same office for forty years, had two feet of mud in his office.

October and November were dedicated to the election. I did not sleep much during this time. There is always one more thing to do. I will do this again and would encourage everyone to think about running. I’m excited to see what this new year holds on the political front.

As the year ends, things are quieting down. However, I work through the holidays. There are two areas of my practice that are extremely busy this time of year: Estate Planning-People want to wrap things up before the end of the year. Divorce-People want to make a change in the new year.

So, one year on I’m still enjoying working for myself. It has been a crazy year and I am looking forward to continuing to serve my community. I’ve become the “Lawyer you know” for a lot people. I enjoy the service aspect of this job. People often call me on the worst day of their lives and, in my small way, I am able to help.

My office has prepared this motion and made it available to clients for pro se filing. No representation as to recipient’s actual status, Naughty or nice, is made by this firm, its agents or assigns.

No. ____________

IN RE __________________________ § IN THE SANTA COURT
§
A PERSON ON THE §
§
NAUGHTY LIST § TEXAS DIVISION

MOTION FOR REMOVAL FROM THE NAUGHTY LIST
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes _________________________, Person on the Naughty List in the above entitled and numbered cause, and makes this Motion for Removal from the Naughty List maintained by the clerk of this court, and for good cause shows the following:
1. ______________ has engaged in numerous Good Deeds in the past year.
2. ______________ has made consistent use of Good Manners in the past year.
3. ______________ has been respectful of others.
4. ______________ has remembered to flush and wash his/her hands.
5. ______________ has turned over a new leaf and engaged in a consistent pattern of NICE behavior in the past year.
6. The price of coal and the negative effects of coal on the environment both weigh against its inclusion in ____________ ‘s stocking.
7. Local Rule 3.000 states, “There’s room for everyone on the Nice List.”
WHEREFORE, PREMISES CONSIDERED, _________________prays that this Court grants the Motion for Removal from the Naughty List maintained by the clerk of this court and place the name of __________________________ on the NICE list.

Respectfully submitted,

x________________________

[eds. I got an e-mail back from one of my clients concerned that this was real and that she needed to file it. I’m pretty sure that she had not really read the motion prior to responding. I hope you have had a Nice List year. Merry Christmas]

This post is being written on a phone. I am constantly amazed at how far we have come. My first computer was a sinclair kit that had 1 k of memory. I wrote a simple program in basic that maxed out the memory. We then got a 32 k expansion and I thought we’d never use it all. I now have a guitar pick sized sd chip that holds almost all my current client files. I am blogging on a phone smaller than a bar of soap and I routinely file pleadings from a coffee shop via prodoc e-filing. The good news: I can work from anywhere. The bad news: I can work from anywhere. I’m enjoying the tech even as it expands my office hours. What do you think?

As a candidate for public office I got to meet a lot of people. I enjoyed hearing the stories and perspectives of so many different people. I genuinely like people so this is great job for me. I learn something with each meeting. At a recent meeting I was talking with a gentleman who told me that he is worried about our country. He thinks we are in decline. I hear this a lot. There is a real sense that the American Dream is falling apart and our leaders have lost their way. These seem to be the darkest days our nation has faced.

I often think back to my grandparent’s generation. They grew up during the Great Depression and came of age in World War II. I asked this man a question that I often ask concerned citizens. “On December 7, 1941, who would the smart money have bet on winning the war?” When you consider the state of this nation at that point it would be hard to place much faith in the the USA. After years of economic depression-with a third of the adult population unemployed in some places, our people were not prepared for a long war. Our military was not up to date and the physical health of the citizenry was subpar due to years of poor nutrition. Our enemies were organized, prepared and determined to win. Clearly this was a bad time and we had no chance of winning. People usually agree with me that this was a bad time and we talk about how hard everyone–

everyone

worked to win that war. Children collected cans, fashions changed so that women wore shorter skirts and gave up nylons to save materials for the war effort. They conserved gas and tires, rationed supplies, and planted victory gardens. This nation, faced with almost certain defeat, pulled together and won the war.

In talking about this I have faith in the this nation and this state. I know that working together we can ensure that the best days for Texas and the nation can be ahead of us. I’m inspired by Barack Obama’s statement that together we can write the next great chapter in this improbable story that is America.

The Gentleman I was talking to caught me off guard with his answer. He told me that he could not believe that we could have lost the war. His brothers had both volunteered as soon as they could and he lied a year later to get in to the Marines before he was old enough. He said, “I was a Soldier for my country in Uniform and now I am a soldier for my country out of uniform.” That is the spirit that makes this nation great. In a monarch or totalitarian regime you don’t need people like this. But in a democracy you need everyone, or almost everyone, to believe that this is their nation. It is not the just soldier who secures our freedom. There are plenty of nations with huge armies that lack our freedom. It is the dedication of the citizen soldier who never stops fighting for his or her country and its high ideals that secures our freedom I took this comment as a good challenge for all of us to meet: Be a soldier for your country, in what ever you do. The best way to honor our veterans today is to continue the work they started. [This was orginally posted on Veterans Day]

This weekend I was invited to speak to a new caucus group within the Democratic Party here in Texas. The Democrats with Disabilities formed this summer and organized at the state convention. This is an active group that is working to open the process and remove barriers for disabled people. If this seems to be an overly specialized group consider these facts:

1 in 5 people have some type of disability, 1 in 10 a severe one.
People with disabilities are15% less likely to vote. [The group yesterday
thinks that this number is probably higher]
As our population ages, accessability is going to more important.

We have come a long way in a short time. The Americans with Disabilities Act and the Help America Vote Act have made great strides but we still have a long way to go. I look forward to working with the DWD to help educate Election clerks, poll workers and voters on what the law is. In addition to these federal laws there are relevant state laws. The Texas ELection Code States:
Sec. 43.034. Accessibility of polling place to the elderly and persons with physical disabilities. (a) Each polling place shall be accessible to and usable by the elderly and persons with physical disabilities. To be considered accessible, a polling place must meet the standards established under Article 9102, Revised Statutes, including the following standards:
(1) the polling place must be on the ground-level floor or be accessible from the ground- level floor by an elevator with doors that provide an opening of at least 36 inches in width;
– (2) doors, entrances, and exits used to enter or leave the polling place must have a minimum width of 32 inches;
– (3) any curb adjacent to the main entrance to a polling place must have curb cuts or temporary nonslip ramps;
– (4) any stairs necessary to enter or leave the polling place must have a handrail on each side of the stairs and a nonslip ramp; and
– (5) the polling place may not have a barrier that impedes the path of the person with physical disabilities to the voting station.
Sec. 61.012. Access by persons with disabilities. (a) Except as provided by Section 61.013, each polling place must provide at least one voting station that:
(1) complies with:
(A) Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 794) and its subsequent amendments;
(B) Title II of the federal Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
subsequent amendments; and
(C) the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) and its subsequent
amendments; and
(2) provides a practical and effective means for voters with physical disabilities to cast a secret ballot.

I think that is pretty clear but I have received word that people are still being told that there is no need for a polling location to accessable because disabled people can vote absentee. I have also heard of a situation where a disabled applicant for a poll worker position was told by the elections office that she would not be hired because the polling location was not accessable. [That is an amazing numer of laws broken in one sentence.] Neither of these is even close to legal. We have a lot of work to do when it comes to accessable elections. There is a great blog on the topic by Moritz Law School Professor Dan Tokaji. Working together we can ensure the best days for our democracy are ahead of us.

I’m back in the office after a great day with the Texas Society of Architects in Fort Worth. I presents a seminar with my brother, Jeromy, on Fair Housing Act Essentials. The big hit of the weekend was the design requirements song. I think we’ll open on broadway soon.
Anyone who has engaged in any act of discrimination prohibited by the fair housing act laws can be sued. The courts have applied general principles of agency in accessing responsibility under the fair housing laws Coates v. Bechtel, 811 F2d 1045, 1041 (7th Cir 1987) The have held also that the duty to obey the law is non delegatable. Moore v. Townsend, 526 F2d 482, 485 (7th Cir 1985) A principal may be liable even if the agent was instructed in writing not to discriminate.
Plaintiffs have a full range of choices when seeking remedy discrimination under FHA. Most state and local governments provide remedies. An individual can file a complaint with HUD within one year after the discriminatory practice occurred and HUD will then investigate. HUD can request that the DOJ file a civil action. The aggrieved party can also elect, upon receipt of notice that a HUD charge has been filed, to have the Justice department file a suit on his or her behalf in the name of the US. Sec 3612(a). The matter may also be tried by a HUD administrative law judge. Finally, the aggrieved party may bypass the administrative route and file an action directly in state or federal court. The 1988 amendments removed the cap on the amount of punitive damages that can be recovered in a private civil action . Sec. 3613 (c)(1).

I really did not intend to turn my last post into a discussion of the way the education code handles discipline. I am generally pleased with the way the judges handle the cases and think that for some of these kids this may just work. What I really meant to talk about was the sartorial laxity that seems to have taken over our country. I am routinely shocked by people showing for court dressed as if they have just come from cutting the grass. It is not a money issue–$150 sweat pants! I know that it is a bit much to expect everyone to maintain the levels that I set-Not everyone can pull off a bow tie. But saggy ripped jeans, faded untucked t-shirts and tennis shoes? There was a guy this morning who was putting his belt on as he left the elevator. I try to explain to clients that they want to make a

positive

impression. My clients usually listen. But I am always amazed at the shabbiness that we consider acceptable in public forums–Particularly when people are being judged. Dressing up shows respect and creates an attitude that sets you apart from the typical day. One of my musical heros, Duke Ellington was always proud of his “sartorial resplendence.” He and band leader Billy Eckstein once had a joint gig at a big New York theatre and competed to see who could out dress the other. I’m not suggesting we take it to these heights but maybe it would help for us to all dress to impress a little more. I really hate to have the judge frown at my client.

I was told today that I need to make a new post. I’ve been so busy campaigning that I have let this slip. My big legal project–outside of winning the election in HD 29– is prepping a presentation for the Texas Society of Architects on the Fair housing act. This is just the sort of regulation that makes sense in a civil society. There are some quirks–all laws have some unintended consequences– but it is a good law that allows people access to homes. Any multifamily residence that had first occupancy after March of 1993 is covered. Think of it as the residential version of the Americans with Disabilities Act. I’ll post more as we get closer

I am shocked and horrified at the murder of two people at the Tennesee Valley Unitarian Universalist Church sunday morning in Knoxville. The idea that this man murdered these people because the are an open and affirming church makes me want to holler. I have heard one too many intolerant hate monger squeal “where is the tolerance for the intolerant?” I struggle to be forgiving and faithful to the beliefs I hold.