The key to winning a case before the Lubbock court or Amarillo court – or any court for that matter – fundamentally turns on the strength of your legal team. Obviously, having a good hand to play as to the facts and evidence is critically important. That said, an ineffective legal team can snatch defeat from the jaws of victory. So what steps should a client consider to increase the probability of success? Here are a few suggestions: Read More
Having represented clients in the area of intellectual property for many years, I am surprised how much incorrect information is out there regarding copyrights and the importance of copyright protection. Here are a few of the major misconceptions that clients often harbor:
1. If you mail yourself back a copy of your original work that counts as a proper trademark.
This is how it starts. Your former partner, ex-wife/husband, or competitor publishes in the local newspaper that you have an IQ of 50, that you operate a still in your backyard or otherwise disparage your reputation and/or family dog. You are angry, humiliated, victimized and you are ready to strike back by filing a lawsuit. Enough is enough! It’s time to lawyer-up and get even.
I consider myself and law firm to be forward looking and optimistic. Hence, I believe this is the first time I used the word “fail” in any article about business in Lubbock, Amarillo, or anywhere else! That said, with but two weeks in the New Year, I have witnessed the same candidates for business failure meander into my law office. These individuals share many of the same traits which unfortunately point them and their ventures decidedly in the direction of failure in Lubbock, Amarillo, and West Texas. The most common attribute is that they have always cut corners and think that lawyers are a waste of time and money. In their view, any legal advice or documentation needed to start and maintain a business can be found on Wikipedia or Google. Unfortunately, many of these new businesses will not be around after the first year of operation.
You’ve worked so hard to build a successful business in Lubbock and Amarillo and have overcome every obstacle imaginable. You have watched the bottom line, controlled expenses, and very carefully expanded your business to finally show a profit. All of those 14 hour days are paying off, right? That is, until you receive a certified letter which was timed to reach you on December 31, 2015! Happy New Year!
Your largest client is claiming that your company’s services were deficient and that no further payment will be tendered. Problem is, this client is your largest receivable and you have already sunk over 60K in expenses into the deal to boot. Suddenly, the rosy financial outlook for 2016 looks exceedingly glum. Who do you call? It’s time to saddle up and find an experienced litigation gunslinger to come to your assistance. However, unlike the John Wayne movies of old, litigation does not resolve itself with the finality of a brawl in the ole town square – although it may feel that way! Here are a few tips when you need to fire the first litigation shot in Lubbock, Amarillo, or West Texas. Read More
When your Amarillo or Lubbock Business is on the Civil Litigation Defense
The world of civil litigation is far removed from the Wild West even in Amarillo and Lubbock! That said, with the proliferation of law school grads and law firms, the rough and tumble world of the Wild West is not a bad metaphor. So should you fire first or look for a good defensive position? Well it depends on a host of factors. So let’s put the ole gun in the holster and consider some basic advice. Read More
The Paine Pill – The Prescription for a New America – was inspired by Thomas Paine’s Advocacy Pamphlet, Common Sense, which motivated people in the Thirteen Colonies to declare and fight for their independence from England in the summer of 1776. True to the spirit of Thomas Paine’s writings, this work seeks to declare the independence of the 50 States of our Union from the Tyranny of the Federal Deficit and impending bankruptcy of our great nation.
Chapter 1 – Welcome Aboard
In the first hundred days of his new administration, Franklin Delano Roosevelt proposed and secured passage of massive legislation which fundamentally reconfigured the relationship between the Federal Government, states, and its citizens. The so-called alphabet soup of new programs and agencies changed the socio-political and economic landscape overnight and – unfortunately – has become the accepted architecture of government in 2015. Although the underpinning of the “New Deal” had noble intentions, it has passed on to future generation a legacy of unsustainable growth in government, reckless spending, and a debt which continues to expand exponentially. This doctrine of unaccountable spending is unsustainable and will ultimately render our society – the grand democratic experiment of our Founding Fathers – unsustainable as well.
I start this comment with the disclaimer that I am not a criminal defense attorney and never worked for the District Attorney. Of course, being a Texas attorney using the word “trigger” in the above title, will likely trigger the conclusion of some readers that my preference is to apply the ole Hollywood version of “shoot em up” as demonstrated by the Duke himself. Not so. Read More
Benjamin Franklin is known for his wonderful adages. One of my favorites is the following: “Nothing in this world is certain except death and taxes”.
It is not a surprise to the scientifically minded, that modern medicine and technology are working furiously towards successfully slowing down and reversing the aging process. Visionaries such as technologist Ray Kurzweill predict that death itself may be rolled back indefinitely in the wake of the genetic and cyber innovations to come in this century. Although the vanquishment of death itself is beyond the purview of this article, it does seem to most of us that the dire specter of taxes will never be eradicated much less conquered. After all, how can Ben Franklin be wrong on both counts. Read More
This may offend some lawyers (and others) but in addition to all of Creation – God Created the “Bell Curve” which defines basic attorney intelligence and competence. Moral of the story is to always shoot for a professional as far to the right of center as you can.
That said, most lawyers are well trained in their areas of practice – whether you are dealing with intellectual property, litigation, or soon to be ex-spouses fighting over possession of the 150 gallon salt water aquarium and assorted kids. For example, in a complex case dealing with the validity of a commercial contract or IP rights, proper client research will generally lead to equally competent and experienced counselors on both sides of the aisle and counsel tables. All things being equal, a small advantage in favor of the plaintiff or defendant can make all the difference in the world and increase your odds of winning. Here are a few pointers to consider. Read More