We have relocated to the Pearland Town Center, 11200 Broadway, Ste. 2743, Pearland Texas 77584. Same small town service with a new look. Enjoy the suspenseful movie.
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Kevin M. Murphy’s New Office on YouTube Search Stories
Thursday, June 17th, 2010New Office Location
Friday, June 11th, 2010I have moved my office to a new location in Offices East in the Pearland Town Center. I know that clients love the small town country lawyer feel. I am proud that early in my history I was once paid in sweet potatoes. I love to tell the story of how the persistent vendor finally stopped bugging me for appointments because when she arrived I had a sick chicken in the office bathroom-I tried to explain but some people do not understand caring for sick poultry in a law office. (Needless to say, that particular vendor has never again requested a meeting.)
There will be changes in the new office: 1) I now have someone answering the phones and a great reception area. 2) Conference Rooms are comfortable and well stocked with beverages. 3) We will not be caring for sick chickens at the office.
I will not be changing my attention to case matters, my dedication to my clients or the values that lead me to practice law. I just have a much nicer place to do it now. Drop in when you are in the area. Pearland Town Center, Offices East, 11200 Broadway, Ste. 2743, Pearland, Texas 77584
Lawyers and Guns and Pearland Schools
Sunday, February 28th, 2010I got quoted last week in the Houston Chronicle’s Pearland blog Ultimate Pearland last week. We have had two guns on school grounds situation come up in the last year. In both cases there were adults involved and in both cases there were no charges filed by the authorities. I have had a lot of folks ask me what the law is on guns and schools. The main law is the Gun-Free School Zones Act implemented as part of the 1990 Crime Act. 18 U.S.C. § 922(q). It reads in part:
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
The way I read it, don’t bring a loaded gun on school property unless you are in law enforcement or crossing school grounds with permission to get to your deer lease or duck blind. (We don’t do a lot of hunting here in Pearland so this is probably not much an issue.) According to the first Ultimate Pearland article, police determined that it was a mistake on the part of the Dell employee and did not pursue the matter further. He did not “knowingly possess” the gun on school property.
>>>Tom is a law school buddy and gun rights activist. He is correct that the court did find the original law to be unconstitutional. It was amended and has stood for about 10 years. Still, unless you have the resources to be a test case all the way to the supreme court, I stand by my comments above. As to whether the gun was loaded, the Pearland Police were unable to determine at the time of the report so this element was also not met.
Advanced Directive, Living Will or DEATH PANEL?
Sunday, January 31st, 2010There has been a lot of fear mongering over the last year about end of life issues. To hear some politicos tell it there is a proposed change that would go something like:
-Granny, you have had a good life, but we ran a cost/benefit analysis and you are no long cost productive so the doctor is here to talk about transitioning you out….
To set the record straight, I know of no health care reform proposals that will kill your grandmother. All joking aside, I welcome the renewed focus that the legal issues surrounding end of life and critical care issues are receiving. Decisions as important as what care you receive at the end of your life should not be made in a place of anxiety or fear. The time to prepare is now before the need arises.
Most states, including Texas have an advance directive law. This Texas law was passed in 1999 with broad bipartisan support. I usually include living wills, also called advanced directives, in all of my estate planning packages. The advanced directive is an important part of any estate plan. When used in conjunction with other documents the advanced directive provides control over end of life issues.
In the standard advanced directive you decide what care you want if you are incapacitated and unable to speak for yourself. Do you want to be kept alive with respirators even if the doctor thinks there is no hope of recovery or do you want to be allowed to die as gently as possible? You decide and record your wishes now, before you need it. Most of us have never had this discussion with friends and family. It is hard to imaging slipping a discussion like this into casual conversation over Sunday lunch or a night out with friends.
“Mom, can you pass the hot sauce. Oh and by the way…if, in the judgment of my physician, I am suffering with a terminal condition from which I am expected to die within six months, even with available life-sustaining treatment provided in accordance with prevailing standards of medical care I want you to a) make sure that all treatments other than those needed to keep me comfortable be discontinued or withheld and my physician allow me to die as gently as possible; or b) make sure that I be kept alive in this terminal condition using available life-sustaining treatment. ”
We just don’t like to talk about these things. Unfortunately, if the need were to arise suddenly, as it often does, there would likely be conflicting ideas about what you wanted. I spoke to a young man at the Urban Harvest Farmers Market yesterday, who told me that he was sure his family would ignore his stated wishes if he were in a terminal condition. (This is of course what family does: They generally know better, or think they do, than we do.) By creating this document now, and having this conversation with friends and family now, you can ensure that you will receive the care you want.
Once you have executed this document, you will want to give copies to your healthcare providers and ensure that friends and family are aware of its contents. In the midst of a difficult time, this simple act can provide some peace and control for you and your family. Rosy and Lulu at the Farmer’s Market
Country Lawyer or High Tek Geek?
Thursday, January 14th, 2010This last week I was talking with collegue in another industry about how technology has changed the legal landscape. I’m a serious convert to legal technology. In my practice I use VoIP, virtual IT for backup and electronic filing with the courts. Technology allows me to do more work and serve my clients as if I have a huge fulltime staff. A recent study found that the typical American has the equivalent of 100 full time servants because of all of the time saving technology.
For example, I have recently aquired a portable scanner that runs off USB power. It is small enough to tuck in a laptop case. I recently had a will signing at a client’s home and was able to make copies and pdfs of the documents while we discussed her upcoming travel and cancer treatment plans. Instead of the week or so turnaround on returning executed documents by mail, I was able to hand a package of legal documents, including a CD containing copies of the powers of attorney, to my client at the close of the meeting.
My collegue, who works in the office supply industry, seemed impressed with my use of technology. (I don’t think he was just looking to sell me more stuff). He said that lawyers are some of the least tech saavy people he deals with. In my own legal career I have seen the same. Lawyers over a certain age were taught that “Lawyers don’t type.” He pointed out that as lawyers become more tech saavy, the industry will adapt and tech skills will become part of the job.
I was recently at lunch when my phone rang. It was a client who needed a particular document that afternoon. She had called the office looking for me and thanks to technology her call had rolled until it found me, in Dallas 276 miles away from my office. I was able to get her what she needed from my phone without leaving my Dallas lunch. The client never really knew that I was away from my desk.
So the good news is that I can work anytime from anywhere. The bad news is that I can work anytime from anywhere.
As a lawyer who once got paid in organic sweet potatoes and who once scared off a sales person because I annouced I had a sick chicken in the law office bathroom, I’m pretty amazed by the state of technology. By as my friend pointed out technology is now just part of the job.
TOP 5 mistakes in Estate Planning and Probate
Monday, August 17th, 2009These 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 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.
Where there’s a will there’s a Lawyer: Estate Planning for the Rest of Us.
Tuesday, May 5th, 2009I do a lot of wills and other “planning” documents in my practice. Usually, the clients are young couples with children who want to make sure that everything is taken care of. I have had a couple of cases where the client is a person who has recently been given bad news by the doctor. We usually don’t think of wills as something that will be used within the next year but it does happen.
So do you need a will? Most people I deal with are not “rich” by any measure. The typical estate consists of a house with a mortgage, a couple of cars, some bank accounts and retirement. PeopleI often find that clients do much to avoid probate. Bank accounts can be set up as payable on death (POD) or joint tenants with rights of survivorship (JTWROS). Retirement and investment accounts can be set up with a named beneficiary. The question these clients often ask is, “Why do I need a will? If I can transfer all of these assets with a simple administrative form (and NO LAWYERS) why should I go throught the hassle and expense of hiring a lawyer?”
There are a couple of real advantanges to having a lawyer prepare a will and other estate planning documents for you. In Texas, a properly executed will makes the process of transfering assets at death easy and fairly inexpensive. All that is required in a typical probate after the filing of the will is a short prove up hearing, notice to creditors and a return of an inventory, appraisement and list of claims. If you have minor children, a will can include provisions determining who will care for the children in the event of you and your spouse both dying.
If you die without a will there is a long process of administration in which there is an attorney for the estate and at least one attorney for the heirs. You also need to have a proceeding to determine who the heirs are. In a dependant administration of the estate, your attorney must file a motion for court approval of every transfer, sale and expense of the estate. If you have minor children a dispute over guardianship of the children could leave them in limbo for months.
Call today to set up an appointment to discuss getting these important documents prepared for you.
I may need a new barber
Saturday, April 4th, 2009I went to get my haircut yesterday. I go to Jim’s down the street here in Pearland. He is in the strip center between the Big Humphrey’s and the locksmith. It’s a proper men’s barber shop with two chairs, clipper cuts and animal heads on the wall. I’m usually the youngest customer. The cuts are good, quick and cheap. I always think about Garrison Keillor’s put down “$100 haircut riding around on a nickle head.” I hate to run the risk.
So yesterday while I was waiting he was cutting the hair of a white haired older gentleman. I chatted with the waitresses from Big Humphrey’s who were waiting at Jim’s for their boss to arrive. We talked about the TV Judge dealing with a messy/crazy divorce and I assured him and the other patrons that this was nothing compared to some of my current cases.
When it came to my turn, I noticed that Jim had apparently not cleaned the clippers very well. You see, there, mixed in with my dark brown hair, was a lot of the white hair that must have come from the previous customer. Jim’s has had a rough time of it lately with some family problems but I was really shocked. I was also shocked at how well the white hair was mixed in with my dark brown hair. Poor Jim. I hope he gets things straightened out or I’ll need to get a new barber. My younger brother said I should report him to the TDLR, or just look in the mirror…not sure what he means.
On opening a law practice-a year later
Wednesday, December 31st, 2008In 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.
New Tech
Tuesday, December 23rd, 2008This 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?
