Murphy's Law Blog

Bonnet Honkers beware: White Trash Home and Garden: Garden Fashion: The Bonnet

2012-05-25T11:04:00.001-07:00

My bride has told a tale of fashion sense and client relations. It's a good read. Enjoy.
White Trash Home and Garden: Garden Fashion: The Bonnet:

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IBM study : Law firm managing partners need to be social media savvy

2012-05-25T08:40:00.001-07:00

I've been pushing social media for years. I generally get the response, "what does anyone want to know what I had for lunch?" If that's your social media strategy you are doing it wrong. (unless you are a food blogger.) My experience has been that two of my biggest cases originated from Twitter. Ignoring social media today would be like refusing to get a telephone 100 years ago because it was a passing fad.

IBM study : Law firm managing partners need to be social media savvy:

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Lessons From a Punk Rock Lawyer 3: 5 Simple Clichés for Success

2012-05-23T08:46:00.002-07:00

Blogging is important. Blogging is hard. I feel like I'm just repeating tired clichés and not adding anything to the blogosphere. Then I read this great tweet from one of my favorite tweeple, God. "TheTweetOfGod: The first habit of highly effective people is coming up with short lists of clichés and passing them off as wisdom." --http://twitter.com/TheTweetOfGod/status/205076466503909376 So here is my short list of clichés for success on both punk rock tours and law practice. Please accept these as wisdom. 1. Show up. I am amazed at how much success in both law and music is determined by who shows up. I may not be able to determine the outcome of a trial or whether an audience is going to love my band, but if I don't show up I can guarantee a loss. Failure is the outcome if you don't show up. There is also a big component of hanging out. You hire who you know whether you are looking for a lawyer or a guitar player. My goal is to be the lawyer you know or the guitarist standing there when you need a guitarist to jump in. 2. On time. I once lost a month of work at an outdoor summer series because a sax player was 15 minutes late. I had a criminal plea deal fall apart because my client couldn't get out of bed and to the courthouse by 8:00 am. 3. Be prepared. I've seen musicians show up without cables, strings, picks or music. I've seen lawyers show up to court without exhibits, EVIDENCE or proposed orders. You only get one chance at that audience and you only get one pass at the judge. Show up on time and be prepared to impress. It does me no good to be the lawyer you know if I am not prepared to take the case. On tour with Street Dogs, Johnny Rioux asked me if I could play the whistle part on a Dropkick Murphy's tune, Far Away Coast, on that night's gig. I sat down and prepared. It became a regular feature for the rest of the tour. (For the record, I (1) showed up (2)early and then (3) prepared). 4. Do your job. All too often folks get distracted. We focus on the band turmoil, the chaos of the tour, the offensive thing opposing counsel said about our client or whatever and forget to keep the focus on the job we are there to do. As I discussed in last week's post, "There are zombies out there just waiting for you to give them an opening." 5. Don't be an Ass. (with apologies to Wil Wheaton)This is hard for me. I am a lawyer after all. Remember that you want to be the lawyer or guitarist who shows up, on time, is prepared and can do the job. We work with people we get along with. One of the bands that we toured with and just loved was Old Man Markley. They do the first four steps well. They are great players and have a great show but they are also some of the easiest people to work with. Fun, funny and easygoing it is no wonder that they seem to always be on tour. This is my short lists of clichés which I hope you will accept as wisdom.

Lessons From a Punk Rock Lawyer 2: Zombies!

2012-05-15T07:01:00.000-07:00

("Zombie Lawyer Makes A Counteroffer", by Jeromy Murphy 2009) One of the best parts of tour is the hours of conversation with tourmates during the hours of tour. There are often long drives in the middle of the night after a show with one person driving and one person riding co-pilot as navigator (and for the safety of keeping the driver awake).
After a week or so you run out of bad jokes and stories and beging to talk about movies
One of my favorite genres is Zombie movies. I love them all from Day of the Dead, I Walked with a Zombie to more recent Shawn of the Dead and Zombieland.
The plots of Zombie movies are a lot like touring.
A typical zombie movie has a group of people thrown together because of the Zombie Crisis. The groups quickly organize themselves into a heirarchy and work together to stay alive. There are roles that every group seems to have: the reluctant leader, the victim /weak link and the trouble maker/antagonizer, the quiet one/loner. For much of the movie the team works together because failure to work together will result in being eaten by Zombies. At some point in every Zombie movie it breaks down and the interpersonal conflicts emerge. Think Shaun of the Dead at the Winchester (gruesome clip which you may want to avoid but you get the point). It's important to remember when you are on tour that the team is the only thing keeping you safe from the Zombies. They will make you crazy-you will want to wring necks and tell them off but for the duration of the tour they are what is standing between you and the metaphorical Zombies.
I tell my business and litigation clients all the time, Remember that the Zombies are out there. Don't fight with your team. Fight the Zombies.
It is easy to get caught up in the moment and forget what matters. In a legal setting what matters is a good outcome for the client. Interpersonal conflict, hurt feelings the like are distractions from the real task. So on tour do the best show you can and take care of your band. When you are fighting Zombies, fight zombies not the other survivors AND when in litigation, keep the focus on the litigation. There are zombies out there just waiting for you to give them an opening.
Touring can be a pressure cooker. It is easy to let the stress of the tour tear a band apart. There is usually at least one day during a tour where everyone decides to quit. A great example of my Zombie analogy happened in my law practice not long ago in a settlement conference. The parties were all present and mostly represented by counsel. As we all sat around the table, my client had been coached to let us on the legal team do the talking but it became clear that the defendant had not. At a particularly tense moment in the negotiation the defendant unloaded an emotional barrage of invective at lawyers generally, me specifically, and people, like my client, who file lawsuits. While defense counsel was busy cleaning up the mess, we swooped like a hoard of hungry zombies. Keep focused on the litigation or we'll get you. (See a cartoon depiction of this episode above).

Lessons From a Punk Rock Lawyer 1: Surrender to the Tour

2012-05-10T07:39:00.000-07:00

A typical day on a tour involves hours of travel from one venue to another. Things are both heavily scheduled and loosely planned. Every venue is different. There is usually a call sheet created by the tour manager or the venue's production manager and on a well organized tour it gives you both times for load in (bringing your gear into the venue) soundcheck (putting your instruments on the stage and testing the microphones) and performance. A call sheet will also have information about internet access (essential if your band includes an attorney working from his laptop) buyout (money to pay for dinner) and local accommodation like hotels and coffee. As you can imagine, for a guy like me who bills his day by the tenth of an hour, a well drafted call sheet is a thing of beauty, an oasis of organization in the tumultuous sea that is a typical tour. Unfortunately, it is rare that that the times listed are ever accurate. It is not due to the failing of the tour manager, production manager or the musicians involved. What happens to undermine the schedule is tour, itself. On my last tour we had a musician go to the emergency room, a snowstorm in the Donner Pass which required a stop to purchase and install snow chains and the bridge collapse on the upright bass. This was all in one day. Each thing, beyond anyone's control, pushed the schedule.
Even on days without medical emergencies, blizzards, potential cannibalism or instrument failure I found that much of the day was hard to schedule. You may only be on stage for 30 minutes and you may only get a 15 minute line check before you perform but you spend the other 23 hours and 15 minutes waiting and gearing up for that window. We would often arrive at the venue hours before the show and wait. There is simply nothing that can be done but wait. I realized that with all the moving parts and all potential for chaos that there was simply nothing to do but to surrender to the tour. I'd like a smooth predictable schedule but that is simply not possible with four bands, 22 musicians, five support staff, three vans, a trailer and a converted transit bus driving 3500 miles over five days. So I say surrender to the tour. This was my mantra. Like the AA serenity prayer, I accept that there is stuff I cannot change. I accept it. I made sure everyday that my guitar was tuned and my strings were fresh and my stage costume was clean(at least cleanish appearing). I was where I needed to be when I was needed and then I waited. Surrender to the tour. What a joy to return from the last tour to my orderly law practice and suburban family life where everything is calm and predictable...Right? Of course that is not the case. Life, even in the tightly run, well organized law practice, can be chaotic at times. By "chaotic at times" I mean "generally chaotic", of course. There are simply too many variables in a typical case beyond the control of the lawyer and the client. I tell the story about my wife's first time watching me in court. I told her I simply needed to make a five minute appearance at a hearing, get a judge to sign the order and then I would buy her lunch. I was, in fact, only in front of the judge for five minutes. I waited for nearly three hours because the docket was unusually heavy that day but the part I could control went as planned. Surrender to the tour. In litigation, just like on tour, there are many factors I can't control, but I always show up in tune, dressed to perform and ready to give it my all in that five minutes. Control what I can and as for the rest, Surrender to the tour. Next time, my tour take on team building and zombie movies.

Lessons from a Punk Rock Lawyer: Intro

2012-05-10T07:13:00.000-07:00

In a previous life, before law school I was a musician. I toured a bit, worked in studios, taught lessons and played every gig imaginable from festivals and concert venues to house parties and potluck suppers. It was a great time but I got interested in the practice of law, had kids and the idea of living on a bus for months at a time seemed unreasonable.
However, about two years ago I felt a tug back into the life of a musician. I began performing, locally at first, with Houston based celtic rock band Murder the Stout. I say, at first, because we soon got opportunities to tour. We recently toured the west coast for a week with Street Dogs, Matt Freeman of Rancid's Devil's Brigade, and Old Man Markley.
So for a week a middle aged husband and father used to a comfortable suburban existance, traded the minivan suburban life for the punk life. I've been writing up ideas about lessons learned from my experience. What works, what doesn't. I have always handled some entertainment law and it is great to be able to directly relate to what life is like for my clients. At the same time, the stress of touring essentializes and distills the human experience. Touring creates a state of liminality which breaks down existing structures and allows insight that would be hard to get to in the comfort of a suburban office. (All of this academia to say that tour is tough and you have to dig deep at times to keep together. This process is enlightening.) These insights are of course relevant to my clients outside the Punk rock world. People are people. And People on tour are much more intense people. Over the next few postings I'll be adding my insights about life from my time on the tour bus and the insight that it gave me on my law practice. The one phrase that I repeated again and again as a mantra and theme, despite it being a bit "self-helpy" for me was "Surrender to the Tour." That will be the subject of my next post and a fairly consistent theme for me. In the spirit of my mantra, I'm asking you, even thought this series idea of mine may seem silly, to "surrender to the silly idea" and keep reading.

Scam Email Claiming It’s From BBB of Metro New York - BBB News Center

2012-03-06T14:02:00.000-08:00

I got an email from the BBB claiming that a customer had a complaint. I take complaints seriously so I did some looking into this. It seemed odd because it was the Metropolitan New York Better Business Bureau office and I practice in the Houston/Pearland Texas area. A quick trip to the website turned up this article:
Scam Email Claiming It’s From BBB of Metro New York - BBB News Center:

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I'm glad I did not click on the link. Phishing scams get better all the time. The email looked just like a Better Business email. Stay safe.

Billie Ray Anspach: Mugshot Hall of Famer Jailed After Allegedly Threatening Six People With Knife - Houston News - Hair Balls

2012-01-18T08:58:00.000-08:00

If you are not reading John Nova Lomax's crime writing in the Houston Press you are missing out. This mug shot is a case in point.
Billie Ray Anspach: Mugshot Hall of Famer Jailed After Allegedly Threatening Six People With Knife - Houston News - Hair Balls:

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Best letter ever written to a Lawyer | Edible Apple

2012-01-13T15:43:00.000-08:00

I wish I could be this witty in my writing. Thanks to Edible Apple for posting the letter!
Best letter ever written to a Lawyer | Edible Apple:

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They Did Not Give Up

2011-12-28T21:43:00.000-08:00

A good list of folks who failed horribly and kept trying. Ford, Freud, Edison, Einstein, Fred Smith etc. Seems like a good lesson for us lawyers.
Never give up up, Never give in.
They Did Not Give Up:

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Motion for Removal From Naughty List

2011-12-24T07:09:00.000-08:00

While I am sure that none of you have any need for such a motion as a public service I am providing this Motion For Removal from the Naughty List. Watch those filing deadlines.

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 _________________________, A 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 detailed in attached Exhibit “A.”
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________________________

EXHIBIT “A”

INVENTORY OF GOOD DEEDS FOR 2011
Deed Recipient Date

Pearland Transportation/Traffic Open House

2011-10-29T04:16:00.000-07:00

One of the top complaints I hear about life in Pearland is transportation. The city has grown incredibly fast in a short period of time and the infrastructure is still catching up. The city is holding a meeting next month to address some of these concerns and tell you what is being done. I hope to see you there.

News Release
FOR IMMEDIATE RELEASE Date: October 26, 2011
Contact: Mattie Culver Phone: (281) 652-1625
Public Affairs Manager Email: Mculver@ci.pearland.tx.us

ALL INVITED TO TRANSPORTATION/TRAFFIC OPEN HOUSE NOV. 9

The City of Pearland is hosting an 'Open House' Wednesday, November 9, 6 - 7:30 p.m. at the Public Safety Building, 2555 Cullen Parkway, Pearland, Texas 77581 to discuss the City's current transportation plan and the public's traffic concerns.

Exhibits of recently completed traffic and transportation improvements will be available for viewing, and City representatives will be on hand to answer any questions.

Please contact Deputy City Engineer Andrea Broughton at 281-652-1641 or abroughton@ci.pearland.tx.us for questions or comments.

Construction Law

2011-10-07T13:52:00.001-07:00

I am a general purpose litigator with experience in everything from simple M&M liens to multimillion dollar construction disputes. When you need fast, creative and cost effective solutions to your construction problems call Kevin M. Murphy, Attorney at Law.
• Contracts
• Change Orders/Scope of Work Dispute
• Mechanic’s & Materialman’s Liens
• Litigation
• Landlord/Tenant
• Opening and Closing Documents
• Defects
• Collections
Member of the Construction Law Section of the State Bar of Texas
liens@kevinmurphylaw.com
PH: 281-804-1174

Traffic Tickets

2011-09-14T12:43:00.000-07:00

I get a lot of calls about traffic tickets. Just about everyone has at some point had a speeding ticket or some other kind of traffic ticket. Dealing with a ticket can take hours out of your day, increase your insurance rate and if you get too many in a certain time period you could face loss or suspension of you license. Minors and holders of a CDL face additional problems. There are many consequences which you could face if a simple ticket is not dealt with properly.
I handle lots of tickets, particularly in the Pearland area. Often you will not even have to appear in the courtroom and your record will be clear after a short probation. Every case is different so you should call to discuss it with me. Whether you want to enter a plea agreement or take it to trial I'm glad to assist. 281-804-1174

Ethan Hein's Blog › Jay-Z and Alan Lomax

2011-09-11T08:24:00.000-07:00

This is a fascinating exploration of how copyright law works. Also, it makes you realize how all American music has deep roots in the past. It could be argued(and has been many times) that at the root of all of it is the blues. As to the hand wringing in the comments over the "dysfunction in our copyright system" I'm not concerned. The Lomax clan is responsible for preserving and popularizing so much American music usually with no great financial reward. This case is an extreme example but good fun. Thanks to John Nova Lomax for the heads up.
Ethan Hein's Blog › Jay-Z and Alan Lomax:

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In Honor of Elvis' Death, My Favorite Lil.

2011-08-16T08:23:00.000-07:00

In honor of the King's death, a video of my fav Lil E #elvis #deathweek #ripelvispresley

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Texas Film Commission to boost incentives for video game industry

2011-08-11T07:33:00.000-07:00

This is a good development for the broader Texas Entertainment industry. The Film Commission is increasing reimbursement from 5% to 15% for video game producers.
Texas Film Commission to boost incentives for video game industry
It is a booming industry here in Texas employing some 4,000 people.

I look forward to working more with this industry. In the last year I have assisted in negotiating music sych licensing for video games and I expect we will be seeing more work with startups-incorporation, contracts, immigration issues and employment issues.
In the meantime, I wonder if our Pearland Film Festival movie, ENNUI, could get a subsidy... What is 15% of the two pizzas we paid our camera man and editor Julian?

Buffett predicts job growth when housing rebounds | Business news | Chron.com - Houston Chronicle

2011-07-09T12:43:00.001-07:00

As a lawyer who handles a good deal of construction work I could not agree more. I can tell how things are really going by the character of cases I have. We are seeing some recovery but the construction trades have not rebounded yet. Buffet is right.

Buffett predicts job growth when housing rebounds | Business news | Chron.com - Houston Chronicle

Buffett predicts job growth when housing rebounds | Business news | Chron.com - Houston Chronicle

2011-07-09T12:43:00.000-07:00

Katyal Speaks of SG 'Mistakes' in Japanese Internment Cases - The BLT: The Blog of Legal Times

2011-05-23T08:23:00.000-07:00

It is amazing that this was allowed to stand in this country. And we have still not learned.

Katyal Speaks of SG 'Mistakes' in Japanese Internment Cases - The BLT: The Blog of Legal Times

Victoria Advocate | Ruling pending on transsexual widow's death benefits

2011-05-21T04:59:00.000-07:00

Phyllis Frye and Darrell Steidley with Nikki Araguz after the hearing.
Victoria Advocate | Ruling pending on transsexual widow's death benefits

No Ruling Issued On Transsexual Widow's Death Benefits - Houston News Story - KPRC Houston

2011-05-20T15:12:00.000-07:00

Back in March I joined Frye and Associates, a great firm in Houston. Today I was honored to be in Wharton with the team working for Nikki Araguz. No Ruling Issued On Transsexual Widow's Death Benefits - Houston News Story - KPRC Houston

Juanita Jean's | Have I Mentioned That Juanita Has A Big Ole Crush On Paul Krugman? UPDATED!

2011-04-13T04:21:00.000-07:00

One of the Best (non) Blogs on Politics out there. Check out the link to the Paul Krugman Blues.
Juanita Jean's | Have I Mentioned That Juanita Has A Big Ole Crush On Paul Krugman? UPDATED!

TOP 5 Estate Planning/Probate Mistakes

2011-03-30T04:12:00.001-07:00

These are my top five I have seen in doing probate and estate planning.
1. I don’t have enough money for it to matter/Can’t I avoid probate?
There are provisions where you can get sometimes get by without opening an administration but why risk it? If you have debts an administration will be needed. If there is real estate there will need to be an administration. Texas probate is not as bad as you have been told. As much as I enjoyed Bleak House by Dickens where the entire estate was consumed by legal costs, Probate in Texas is much easier. With a properly executed will the duties of the executor are generally simple and not costly.
2. I can do it all myself with stuff off the internet or a form book. You may be able to. However, there are pitfalls in the probate code that flumox even experienced attorneys. Every estate has a different set of needs. An attorney familiar with the process can more effectively draft a plan to accomplish your goals.
3. Failure to account for the entire estate. It’s important to account for everything and understand where it will go under your will. I often draw flow charts to help clients visualize where everything will go. Often, clients will forget collections and personal items that they want to pass on to specific heirs. Do you have jewelry, collections or family heirlooms that you want to pass on? Are there mineral rights or royalties you have forgotten? You should talk to your attorney about these items and plan who will received these assets.
4. Failure to plan for incapacity. This is not a fun area to discuss, but there is a real chance that you or someone in your family may face long term incapacity. There is a court proceeding called guardianship, covered in a previous post, which appoints someone to make decisions for you. A court appointed guardian can handle financial matters, make health decisions and generally take care of the daily decisions that an incapacitated person needs. A good estate plan, however, will include documents appointing persons to handle these duties without the need for court intervention. You can decide who will care for you in the event of incapacity. More important in some families, you can decide who you do not want to make these decisions for you.
5. Failure to have an advanced directive or Living wills. The nation saw what a worst case advanced directive or living will scenario could be like in 2005 with the Terry Shiavo case. End of life decisions that should be personal and private, were debated by the entire nation, in congress and in courts. In Texas, one can complete a simple form that makes your end of life wishes clear. Had Terry Shiavo had this simple form the controversy surrounding her case would have been avoided. Because of the attention that end of life issues are getting as part of the health care reform agenda, I’ll be covering the advanced directive in greater detail in a later post.

So those are my top 5. I recommend talking about your plan with your attorney and your family prior to needing it. No one likes to think about these matters but planning ahead makes these transitions easier for all involved.

New Mechanic's Lien Bill HB 346

2011-03-28T16:44:00.000-07:00

Over the last few years the Texas lege has made numerous revisions to Texas lien law. Mechanic's and Materialman's liens are an essential part of the the construction process. Liens give even a low level subcontractor a way to protect his or her rights on a job. I've filed numerous lien and been happy to have the lien procedure available. I'm always careful to review invoices, real property records and send the required notice letters. Not everyone is. A few years back there was a rash of bad liens filed as harassment. The legislature responded by granting civil and criminal penalties for erroneous liens. This was a great step to deal with abuse but drafting errors had the effect of subs paying for simple typographical errors. The last session fixed this problem making only bad faith filings subject to penalty.
Now in 2011, we have HB 246 filed by Rep. Kleinschmidt which amends the Property Code to allow attorney fees and costs to be awarded in a suit to remove an invalid lien. This is a great amendment of the code. Lien filers would be aware that invalid liens would be subject to removal at their expense. Valid liens would still serve to protect the rights of labor. This bill has left committee with a unanimous yes vote and has been sent for calendering so it looks like it is on track to pass. Hopefully the lege will, in some future session, streamline the lien process so that the deadlines and notice period is more comprehensible. I recently talked with a Louisiana construction lawyer who was shocked that anyone could work out Texas Lien law. He has a point. This new law would do a long way toward holding fraudulent lien filers accountable.