A Texas Lawyer’s Blog

Intro

This is the place where I will share with the world what the practice of law is really like. Mind you, I must do this only with client permission and in a fashion that does not ‘tip my hand’ to my opponents on the cases I discuss here. I am not sure how I will organize it but I believe topically would be the best, and sharing legal research I have written. J

Legal Writings

You can burgle your own place – if the Texas Third Court of Appeals is to be believed. In this brief I argue how the criminal courts are letting us down by refusing to charge the law on civil matters. In this case, the Defendant was convicted of several counts of burglary—all for a rental he had once rented with his girlfriend—and was still liable for paying since he had never formally vacated or had his lease terminate. Unfortunately, the appellate court snubbed its appellate nose at these arguments, and allowed a jury to convict this man for burglarizing his own place… A real travesty of justice, in my opinion. This happens when the courts are lazy. Brief appears here.

Latest Unanswered Questions

Many questions arise in the day to day practice of law, and many go unanswered, without sufficient time and resources to research them thoroughly. Here are some of the latest that I have had come across my desk:

1. Can a doctor that has lost his license to practice medicine still testify on medical matters as an expert witness?

2. Does a protective order out of one state, apply to, and is it enforceable, when everyone involved has moved to another state?