From the lawyer to the artist:  Since prehistory, man has known that art came, in part, from a source outside the artist. The ancients worshiped 9 pagan goddesses, the Muses, who inspired artists. Around campfires, Arabs in North Africa watched dancers, when they saw a greater-than-human dance, cried, “Allah!”  After the Arabs conquered Spain, the Spaniards, who saw God in a bullfighter’s greater-than-human courage, cried, “Ole’!” (Ole’ being derived from Allah).

However, the modern rational man wrongly believes it all comes from inside the artist. This creates an intense pressure. As a result, modern artists suffer drug abuse, mental illness, and suicide at staggering rates. As an artist, pray and consider that you will do your part, but that God, if he wants your art to be great, will do his part. It is not all from you. Part comes from God. Take the pressure off of yourself. It is not all your success; it is not all your failure. Allow God to add to your art (and your law practice.) 

The Peace Treaty of Troup, Texas: A nice lady in our little country church, in her 90s, pulled up to the doughnut store in Troup the other day, and discovered a police car behind her with flashing lights. The officer shouted, "Why didn't you stop, when I turned on the flashing lights, 2 blocks ago?" She apologized, and confessed that the State of Texas had taken away her driver's license. She knew she was not supposed to be driving, but she just had to have a chocolate doughnut. As we all know, the cravings for (chocolate or buttermilk) doughnuts are powerful.

A Peace Treaty was agreed upon. The next time she just has to have a chocolate doughnut, she will call the Policeman, and he will get her the doughnut and bring it to her home just outside of town.

Peace and Safety for All. Back the Blue.

Mistaken Paternity Trial in Texas

This past November, I went to court in a mistaken paternity case
and learned that my client paid $36,606 in child support through the Attorney General’s office. The Attorney General admired him because for years, he regularly paid support. A DNA test showed that my client was not the father. 

He will not be repaid a dime. He gets no apology from the State of Texas. The child support stopped, but he still owes for the rest of November, plus a medical support fee. This is the last unjust punishment of a slave on the child support plantation.

The Attorney General told me 1 out of every 5 men tested through the Attorney General’s office is shown not to be the father. The personal experience of the Judge is that about 1 out of every 3 men is excluded by a DNA test. There may be a million men paying child support, because no DNA test was given before the State of Texas made them pay.

I do not blame the mother, she was only making money: We lawyers, judges, and legislators are the ones who allowed her to make money this way. We are the ones who allowed this evil. It is our embarrassment and shame.

End the slavery, Attorney General, and give the DNA test before you force men to pay.

Let’s Deregulate All the Lawyers

The NY Times ran an opinion article by Clifford Winston, who promoted his book, First Thing We Do, Let’s Deregulate All the Lawyers. If you think this may be a good idea, please go to Wikipedia and look up a famous Texas lawyer, John Wesley Hardin. There is nothing new under the sun.


John Wesley Hardin is better known as a Texas gunfighter, who killed 42 white men. It may sound a bit racist, but he did not count the black men, Mexicans, nor the Indians that he killed. The story is about murder, gun fights, outlaw gangs, arrests, escapes, and more gun fights. He was finally captured and held long enough to stand trial, and got a 25 year prison sentence.


For 5 years, a bad attitude and attempted escapes could describe John Wesley Hardin. After that, he settled into prison life, was superintendent of the prison Sunday School, and studied law. After 16 years, he was paroled, went to Austin, and passed the bar exam. After another killing or two, (you know how these little misunderstandings can happen), he went to El Paso to practice law.


One can imagine the impact of a demand letter from John Wesley Hardin. 
“Sir, I represent Tom Smith.  You signed a contract with Tom Smith with regards to a cattle sale, and owe him $2,000.00. Demand is made that you pay him the money within 30 days.
Your failure to pay the money due will disappoint Tom Smith, who will become your enemy and 
I will remain,
Sincerely yours, John Wesley Hardin. 
P.S. Don’t make me send a messenger for you to meet me at my saloon to discuss this.


My first senior partners’s grandfather was a lawman in Comanche County, Texas, and was with the posse which captured the Hardin gang, and hanged them. (Lynch is a such an ugly word.) John Wesley Hardin was away at the time, but his brother was hanged.  Years later, when the grandfather was in El Paso on business, John Wesley Hardin sent him a messenger to say that “All is forgiven and please come down to the saloon for a drink, tonight.”
Grandfather stayed at his hotel.


The NY Times does not know everything. 


We have been down this road before. Let’s keep a few rules about who can practice law. Let's keep a few rules about how we practice law.

Evernote in the Solo Law Office

The coolest thing in my office desktop is Evernote. It misleading to say it helps me create to-do lists.  The purpose of Evernote is to insure that I will never forget any detail, of any kind, ever again.


Synchronizes. It automatically synchronizes my task and idea lists with my cell phone.  This is beyond cool.  If I type on the things-to-do, it will appear on my cell phone’s list of things-to-do. When leaving the office in the morning for the courthouse, I think about the first case and begin forgetting about things to check on, things to file, and other people to see.  Checking my phone brings the complete list back to me.   


Use the Cell Phone. If I am out and add something to a list on my cell, it will automatically synchronize things with my desktop.  Snap a photo with my cell phone of a deed, a client, or business card, and the handwritten notes or typed notes in the photo automatically become searchable on Evernote. Take notes, save images, and read pdf articles.  Send notes by email to my Evernote address.


Many Lists. It encourages me to create a list for everything.  To-Do lists for work at the office.  Phone calls to return.  Purchase lists for the office. Tasks for the farm. Purchase lists for the farm. Grocery lists.  Mileage lists for places I travel on business. Copies of 1st Visit Memos from new clients. Gift lists. Idea lists.    


Access. Access Evernote from every computer, tablet, and cell phone that you use!  Evernote is free, although for the more advanced version, there is a $5 a month fee.  That’s too rich for my blood, but not for big spenders that read this blog.  Evernote.com

Nihilism, Lawyers, and the Law

Some days the news is overwhelming to lawyers. A peek at the news today brought the following stories:


A dead 2 year old baby, with duct tape across her mouth, resulted in a murder case against her mother 
(Casey Anthony).  The defense said the baby accidently drowned and the body was hidden because of the grandfather’s sexual abuse.  Defense by smear. A horrific murder made worse. http://www.orlandosentinel.com/news/local/caylee-anthony/os-casey-anthony-trial-opening-20110523,0,921967.story


An inspiring national political figure is about to be indicted for misspending campaign money to hide his cheating on his dying wife. Inspired leadership by corruption. 
http://www.msnbc.msn.com/id/43168272


A powerful Federal Judge in Houston says that our legal system is corrupt beyond recognition.  Edith Jones says the lawyers corrupted the judicial system with nihilism. Lawyers lost their religious roots. Lawyers attack all society’s rules of decent behaviour. A basic  concept of right and wrong is lost. Political favor and money is found.  http://www.freerepublic.com/focus/f-news/1438496/posts


The Texas Legislature continued its long war on lawyers by passing the “Loser Pays” bill.  Although Visa, Master Card, Capital One Bank, and insurance companies will sue you, you do not have what it takes to sue them.  Why is Texas protecting Capital One Bank? The law hurts lawyers who bring lawsuits and hurts lawyers who defend lawsuits.  Simply stated, to be a hero, you have to have an amazing opponent to do battle with. The little guy lost his ability to fight the battle. http://www.lonestarreport.org/Home/tabid/38/EntryId/1174/In-blink-of-an-eye-Senate-passes-limited-loser-pays-bill.aspx


However, before I turned off the coffee maker and hid under my bed this morning, I remembered  Wintley Phipps.  He sings a great version of Amazing Grace.  He also says that “if the big mountain in your way were smooth, you wouldn’t be able to climb it”.  Yes, I did sign up to climb the big mountains.  Yes, I did sign up to slay large dragons.


I began to remember that we will not understand the things we see. ( Ecclesiastes 11:5 “As you do not know the path of the wind, or how the body is formed in a mother’s womb, so you cannot understand the work of God, the Maker of all things.” )


I can do more mediation and be a peacemaker. “Peacemakers who sow in peace reap a harvest of righteousness.” - James 3:17-18


I can put on my trial suit and start to climb the big mountains in my way.

Separation, Divorce, and Separation

If you are separated, what should you do for your depressed spouse?


Great question!  Because I am not a licensed forensic counselor, I called Beverly Womack, LCSW, LMFT, LCDC,  ( a Certified Forensic Counselor by the American College of Forensic Counselors ), for some guidance.  After 35 years of counseling separating and divorcing clients, she had several suggestions.


Suggestion 1:   Understand that divorce is incredibly hard on children and is hard beyond belief on adults.  I cannot say what her clients say to Beverly, but my clients tell me that a divorce changes everything, including deeply held convictions about their religion, their fundamental understanding of family values, their core beliefs, and that even the colors in the sky change.  These changes are hard.


Suggestion 2:  Understand that depression is an emotional response to the suffering in a separation and divorce. There are other stresses related to the separation or divorce.  Many separations and divorces start with stresses from unpaid bills, a job loss, an accident or illness.   Depression is not something a person asks for, or volunteers for, or earns.  It is exponentially worse than any scary dream you have ever had. Without professional help, depression can be a continuing, living nightmare.


Suggestion 3: Get the depressed person to a licensed mental health worker.  Within driving distance of your residence, there are licensed psychologists, licensed social workers and licensed counselors who can defeat depression.  If medicines are needed, there are physicians with specialties in mental health, called psychiatrists, who may prescribe medicines for depression.  You do not have to remember the names of these professionals to know the deal.


The deal is that depression can be defeated.  You may not get much help from a doctor for your bad cold, but depression is highly treatable. 


Additional resources beyond this blog, include:


WebMD.com for useful information,
Depression for Dummies (Wiley Publishing, Inc.)
look at http://www.womackcounseling.com, 
you might talk to someone who actually knows about divorce and depression: Beverly Womack, 903-535-7290.