Dont Go Changing

 

Don’t Go Changing..Billy Joel

Your will without me..

Don’t change your beneficiaries…

M’mmm..

I draft the clauses, I draft the sections, ..

I am the lawyer and your not…

I have started putting a bold stamp on first drafts of the wills and trusts I draft. I sometimes never hear from the client again after mailing out the first effort. I worry they start doing their own work after they see my start on their project.

draft

We have seen such events in our chambers. The mouth runs dry at the sight of such chaos in what once was another lawyers fine product.

Often folks arrive in my office not really knowing what they want to become of their estate when they are gone. One couple had a knock down drag out fight about who got what when they were both gone. I heard too much information about their children; who is “responsible” and who is not. I proposed sending out a draft for them to think about but the argument raged on for about an hour.

Finally they left, I sent what I thought was what they wanted and never heard from them again. Perhaps they are still struggling for control of what happens when they cross out of this plane of existence where the argument between them will finally end, leaving their children to continue the fight.

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Do Not Write on the Evidence

How many times has a client come in with a great piece of evidence only to find it is ruined because they have indelibly added their testimony to the face of it in blue or black ink. It is as if the intense need to control events blots out any kind of judgment they might have had, or restraint to action until they can get some legal advice.

A letter might have proved their point, but who can say who is the author of all the rest of the commentary?document

I can hear the objection already, the document is not authentic because the author is undetermined.

Or in the case of a bank statement which was certainly produced by the bank, but who wrote “Uncle Charlie told me I was supposed to get this!!!” on the face of it?

 

 

I have vivid memories of a judge examining the offered exhibit then angrily declaring “Some one has written all over it!” knowing that someone was seated at counsel table next to me.

 

Objection Sustained.mean judge

It’s “Moot”, not “Mute”

People come to see me it seems, just to use this word. Then they botch it. Once in my office they try to work the conversation around so they can say “moot”.

Most of the time when they get to that crescendo moment where they get to use the legal term they invariably say “mute”, like the button in the lower right corner of the television remote control.

Example:

tv remote

If the other side gives up then the whole thing is mute, right?

After which I am tempted to merely mouth words but offer no sound to illustrate the errata. But I merely nod and move on.

Errata. Now there is legal term I wished more lay people recognized.

Primogeniture

It is extraordinary how many people come into my office believing the oldest son somehow has some inherent right to govern the estate of the parents.

Being a lawyer, I start looking for authority for this rule. I start with Exodus 13-

The Lord said to Moses, “Set apart for me the first boy born in every family. The oldest son of every Israelite mother belongs to me. Every male animal that is born first to its mother also belongs to me.”moses

And thus Primogeniture was born, as well as animal law.

Note the ancient practice of Primogeniture called for the first born male to actually inherit, not just govern his parents estate. This lead to the ancient practice of fratricide as well.

Cain said to his brother Abel, “Let’s go out to the field.”
And while they were in the field, Cain attacked his brother Abel and killed him.

—Genesis 4:1-8
cain and abel
It has never been clear to me his motive, Abel was not the oldest. Cain was going to inherit anyway. Perhaps Cain got bad legal advise from the internet.

Here is something to keep the modern mind away from such sin; slayers do not inherit. See Revised Code of Washington.

Letters of Marque and Reprisal; Privatize the war on ISIS

It appears the President is hesitant. Obama

Elected on the pledge to return our troops home there seems to be mounting evidence they should have stayed.
ISIS
Back when the United States Constitution was first framed, it was not uncommon for a country to grant a license to a privately owned and armed ship to sail out onto the seas and sink, burn or capture as a prize the vessels of an enemy. Navy’s are expensive, and the entire enterprise is risky. Why not shift that risk, with the associated rewards, to some one else?

So at Article I, Section 8, part 11 it is reserved to Congress to:

Declare war, issues letters of marque and reprisal, and make rules concerning captures on land and water;privateer

Sure, Halliburton and Blackwater have given privatizing war a bad name in the present day, but as far back as Francis Drake (d. 1596 ) these men have been considered one piece of paper away from pirates. And that piece of paper made everything all legal. drake

Plenty of prizes await say, Shell Oil, in the region.

The President is hesitant, Congress should act. Let us issue letters of marque and reprisal to tame the beast that has engulfed Mesopotamia.
congress

Dry County? Is that Legal?

In the check out line in Seattle a customer was purchasing Jack Daniels Tennessee Whiskey. The clerk noted he hadn’t had any of that in a while. grocery clerk

I couldn’t help but relate the stuff is distilled in a dry county.

The staffer was incredulous? “Is that legal?” he asked.

Yes, I know that everything is legal in Seattle it seems. canabis

The most striking aspect of the clerks comment to me was the notion that a ban on sale of alcohol would be considered illegal. File that under “tyranny of the minority”, or “temperance is against the law”, something like that.
Washington is one of 32 states that permits localities to opt out of the sale of alcohol. None have. Alcohol_control_in_the_United_States_svg

Much of Tennessee has the mixed county rule ( yellow ) but not Moore county ( red ) where Lynchburg sits. One has to drive to Coffee county to the north to actually purchase a bottle of Mr. Jack.

The irony of the name of Coffee county as the closest place to purchase Jack Daniels has never been lost on me, which is where I bought my first bottle after the tour years ago. Just before I left Lynchburg the hillbilly tour guide asked me if I knew why the bottle was square. “So it don’t roll out from underneath your seat!” Jack

Family Law Tip: Do Not Bring the Subject Matter to Court

This may sound fairly obvious but if you are litigating over children, the judge does not need to see them. They have a pretty good idea of what children look like, some of them are even parents. They will not be swayed by who is holding the subject matter.

babes in arms

I am just back from the family law motions calendar and found as many babes in arms as there were lawyers and litigants.

One boy was a bit older, and was waiting out in the hall with his aunt presumably. He had a toy gun, which he aimed and fired at everyone.
boy with assault touy
We have security, how did he get that thing into the courthouse? security at the courthouse