My grandmother was always fond of saying “The whole world is going to pot.” Little did she know how prophetic those words might be someday.
Over the course of the past two months I have randomly come across the phrase quo warranto. The first time was the in the Texas Rules of Civil Procedure (Part VII, sec. 7) and the second time was in the Texas Civil Practice & Remedies Code (§§66.001 et seq.). I was further intrigued by the fact that neither of these sources give a meaningful description of the… proceeding… cause of action… whatever quo warranto happens to be. I became curious enough to look into it.
Ah, the holidays. Tis the season of giving. But for many lawyers and their clients, giving is not on their minds. The client has been wronged and wants justice. But the wheels of justice often turn very slowly, especially around the holidays. The client wants results, but there is nothing to be had.
It doesn’t always have to be that way, especially in business disputes. There are things that can be done to advance the ball down the field. Even some of the most seasoned attorneys sometimes forget about the “extraordinary remedies” that Texas law affords litigants, particularly in suits involving money or property.
As they do each year, the Dallas Morning News published their list of those for whom we should be thankful on this truly American holiday. I was struck by the common theme of their selections: people who help and serve others. While hardly a novel concept, it was a good reminder of who constitutes the most remarkable among us.
Like many in our line of work, I grow weary of the sweeping assaults on the legal profession by the politicians and comedians (despite the undeniable humor of many.) Too often I feel forced to explain that “I don’t practice THAT kind of law,” tacitly agreeing with the gist of their critique. Why?
The commercials are sickening.
On September 23, 2014, Aaron Rogers of the Green Bay Packers gave his fans some great advice, “Five letters here just for everybody out there in Packer-land: R-E-L-A-X. Relax. We’re going to be OK.” While Aaron Rogers was talking about the Packers’ football season, I strive to apply this advice to my litigation practice on a daily basis.
It has been my experience that the amount of stress I inflict on myself rarely changes the outcome of a case. In addition, it would seem that, more often than not, everything has a way of working itself out. With this in mind, I would like to offer a few observations that may help relieve some of your stress, should you be the client or the attorney.