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.

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

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.

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

How Many Stars Would You Give the United States Constitution?

I recently bought a copy of the constitution on Amazon. My reward is an opportunity to review the document on their website. The question seems a bit obscene, given the gravity of the document, as it has asked me to rate it as if it were a motion picture. constitution

Our constitution embodies a foundational understanding of what it means to be an American. It sets forth a rule of law for us all to count on, no matter who may be in office or what should transpire.

The idea that the foundational laws of a country should be set forth in a single document was rather radical at the time it was adopted, 1788. The precedent Articles of Confederation (1781) failed to work out, and shortly it appeared the Constitution of the Commonwealth of Massachusetts authored by John Adams (1780) seemed to be the most workable frame for government; a bicameral legislature, an executive and an independent judiciary.John Adams

Britain, by contrast has a series of documents starting with the Magna Carta (1215), each of which reflects the prevailing concerns of the age.magna carta
We now see a great constitutional debate in our mother country, The United Kingdom, whose Prime Minister has proposed what appears to be more of a federation like our own. uk

This is feasible. The historical documents delineating the role of the monarch, Parliament and the judiciary remains a workable collection of documents and practices subject to change from time to time.

Our Constitution, by contrast, is treated as Holy Writ, authored by now God like men referred to commonly as “the Founding Fathers” making changing it a heresy. James Madison, the documents author, was an extraordinary man. But he was still just a man.

I am beginning to have my doubts the American Revolution was necessary or has really served us in the long term. I have yet to meet any Americans who agree with me. The British generally feel differently of course. washington crossing the deleware

The British seem to be able to get things done. Sure, it is a much smaller country, but troubles here seem to perpetuate due to the weight given to the terms of a document which certainly allows for amendment, but doesn’t seem to be all that flexible until a Supreme Court is willing to either overrule itself or find a new logic to come to a different result.

Take the 2nd Amendment for example. We seem powerless to address the twin and competing needs to curb gun violence while respecting American desire to own and carry firearms. Change is out of reach. george washington armed

This is our law. It is good thing for any American to read from time to time. One might ponder the number of comma’s in the 2nd Amendment, which might be read as error and tend to cut the Founding Fathers down to a humanity that may lead to America rising from it’s bended knee before this document and addressing the challenges we face today.
sandy hook

AVVO – The Computer Lawyer Rating System

I am presently rated 8.9 out of 10.0 on AVVO, a lawyer rating system.

I had been rated 9.1 out of 10.0, when a peer endorsement from a lawyer I had never heard of before in a far off state endorsed me. I deleted the endorsement because there is no way this man could know what to say about me.

And so I have a 8.9 rating. I am proud of it.

And I still wonder how the machine measure my experience, ethics and knowledge of the law.

All Things Being Equal

I saw this bumper sticker in Seattle yesterday.

equality

I am a student of how far that love goes. I mean, should we put weights on the flamenco dancer so I can keep up with her? flamenco guitar and dancer

Or take hiring a lawyer for example. Do you really want him to be an equal? I seriously doubt this, but I have to say, there are multiple occasions where I have been asked to buy into my clients emotional state as the place from which decisions are taken, rather than remaining the objective advocate I think the client wants.

Sometimes I have a guy come in and tell me he “has a great case” and goes on to demonstrate with remarkable detail why we are not equals and the law school education and 30 years of experience really does mean something.

Note I do not say lawyers are better than their clients, but they rarely think like a lawyer and if they could they probably wouldn’t be in my office.

If I could write down how to think like a lawyer I would but here is the best I can do:

What a lawyer has to do is sort out the wheat from the chaff.
wheat thresher
I am not sure that would fit on a bumper sticker, and our task cannot be diluted into a catchy, likable sound byte but here are the facts:

When the client arrives with the plan for what the lawyer, like a chess piece, is to do it is the job of the lawyer to decide what to do, and disregard the directions from the less experienced client, as all things are not equal, unfortunately.