Legal Talk

On June 17, 2021, Governor Greg Abbott signed into law a bill affirming what every Texan, deep-down, has always believed: law-abiding citizens over 21 have a right to carry handguns in public. No license, permit or test required. Before you grab your handgun, however, you should know some details of this “permitless carry” law. You can carry the handgun openly or concealed, but it must be in a holster. Only qualified Texas...

As we prepare to celebrate Valentine’s Day, let’s take a moment to ruminate on how judges through the ages have addressed love and affection. We’ll start with Justice Jackson of the US Supreme Court, who authored a dissenting opinion for a 1942 case involving two people who had left their homes and respective spouses and set up housekeeping as husband and wife. Jackson first lamented that the case involved three...

This year will mark the beginning of my 5th decade of practicing law. Lawyers traditionally commemorate such a major milestone by reflecting on how the practice of law has changed over the years. I won’t be doing that. The truth is that the practice of law has not changed in the last 40 years. Lawyers act today like lawyers acted 40 years ago. Judges still act like judges and clients still...

If you are the grantor, beneficiary, creditor, trust protector, CPA, financial advisor, attorney or trustee of a trust, or if you just generally think trusts are a nifty idea and want to learn more, then you will find this of interest. The Rule Against Perpetuities for trusts in Texas is going on life support as of September 1, 2021 and Texas dynasty trusts are now a real thing. No fooling;...

It isn’t often that the folks on the United States Supreme Court talk about the elderly falling at home, but that is exactly what happened in a recent opinion.  What is a Wellness Check?  A wellness, or welfare, check is when police go by a person’s home to check that person’s well-being. To define the issue, we turn to the example given by Justice Kavanaugh: “Suppose that an elderly man is...

What Is An Epitaph? Epitaph n. An inscription on a tomb, showing that virtues acquired by death have a retroactive effect. Following is a touching example: Here lie the bones of Parson Platt,/ Wise, pious, humble and all that,/ Who showed us life as all should live it;/ Let that be said — and God forgive it! Short Epitaph Examples Your epitaph may be your last and best chance to rewrite your history. Do...

You are sitting at home scrolling through your Facebook newsfeed, and you see that you have a new message. When you click on it, you see the words “You have been sued.” This is a joke, right? Unfortunately, no. Your Facebook, Twitter and Instagram accounts became toxic on December 31, 2020. If you blinked, then you might have missed it. That is the day the new rules for serving legal documents...

A new year and a new cause of action – life doesn’t get any better than that. Unless, of course, you are a government official. That is because the new cause of action makes you, the government official, personally liable for your wrongdoing. What Is The Religious Freedom Restoration Act? It all centers on a federal law known as the Religious Freedom Restoration Act, which generally prohibits the government from placing a...

If truth be told, most families harbor a lot more Marleys than they do Scrooges.  It is not too late to cut the chains. Marley appeared in Dickens’ “A Christmas Carol” as a ghost of Scrooge’s deceased partner burdened with chains. Marley was the first to warn Scrooge that all was not well with his world when   he gave an ominous explanation of his unusual garb:  “I wear the...

Christmas is rapidly approaching and you are in a panic to about what to get for that special someone. Rest assured that you are not alone. General Sherman found himself there in 1864 when he had not had time to go shopping for his Commander-In-Chief. His solution was to wire Lincoln with the following: “I beg to present you, as a Christmas gift, the City of Savannah, with 150 heavy...

If you live in Texas then you know that a bright sunny sky can shift to a blinding hailstorm in a matter of minutes.  Tornados?  Earthquakes?   Wind storms?  Texans know these can, and do, pop up with alarming regularity.   That is why most sane Texans carry property insurance.  That is also why insurance-toting Texans need to know about  the Texas Prompt Payment of Claims Act.   The TPPCA may well be...

In October of 1919, President Woodrow Wilson suffered a debilitating stroke. Rather than follow the constitutional protocol that dictated Vice President Thomas Marshall should serve during President Wilson’s incapacity, the First Lady, Edith Wilson, took the reins. While Woodrow Wilson languished, paralyzed on one side and barely able to get out of bed, Mrs. Wilson drafted official correspondence in her famously childlike handwriting, met with cabinet members, and most importantly,...