This story really broke my heart. Parents of special needs children have enough to worry about without thinking about whether they are going to get kicked out of a restaurant. Its not like this family was eating at Vic and Anthony’s downtown, it was a local “super buffet!” I hope this disturbing situation serves as a learning moment for those involved.

http://www.khou.com/news/texas-news/Family-Restaurant-ousted-us-over-disabled-daughter-89605012.html

Most of us are familiar with the infamous Salem witchcraft trials of 1692. To most Americans, this incident is terrible stain on the history or early colonial America. To attorneys, however, this incident represents a stain on the history of American jurisprudence.

In early 1692, nine year old Elizabeth and twelve year old Abigail took to falling into terrible fits that were found to be “beyond the power of Epileptic Fits or natural disease to effect.” Reverend Samuel Parris of the newly established parish at Salem Village was especially concerned. You see, Elizabeth Parris was his daughter and Abigail Williams his niece. William Griggs, the town doctor, examined the young ladies and declared that they were clearly the victims of witchcraft. After questioning of the young ladies in regard to the identity of the witches afflicting them so, Elizabeth and Abigail accused Sarah Osburn, Sarah Good and the Reverend’s own slave, Tituba.

Local magistrates began started conducting examinations on March 1, 1692. Over time, many more individuals were accused of witchcraft. It is a heartbreaking footnote of history that Dorothy Good, Sarah Good’s four year old daughter, herself confessed to being a witch just so that she could be with her mother in jail.

Procedurally speaking, the first step in the legal process was for an accuser to enter a complaint of witchcraft with the local magistrate. After receiving the accusation, the magistrate would have the accused person arrested and brought in for public interrogation. The accused were strongly urged to confess during this part of the process. Once the magistrates were convinced that the accusation was well founded, the prisoner would be tried in a superior court in front of a jury. At trial, an alleged witch could be charged with “afflicting with witchcraft” or “making an unlawful covenant with the Devil.” Often, the process of public interrogation, trial, conviction and execution would take place within just a few days.

From a legal perspective, the most disturbing aspect of these “trials” were the magistrates’ acceptance of and reliance upon so called “spectral evidence.” Spectral evidence was evidence from an accuser in which the spirit (i.e. the “spectre”) of an accused witch appeared to the afflicted in a dream or vision. The basis of this evidence was the commonly held belief that the Devil could not take the appearance of a person in a dream or vision without that person’s consent. Therefore, if an accused witch appeared in a dream or vision it was only because the accused had knowingly agreed to allow the Devil to take their form and appearance. Many leading legal and religious minds of the day strongly disagreed with the use of this type of evidence, believing that the Devil could take the shape or form of any person without their consent. The famous colonial preacher, Cotton Mather, was a strong proponent of the use of spectral evidence. Interestingly, Cotton Mather’s father, the Rev. Increase Mather, argued strongly against the use of spectral evidence.

Other evidence used in these trials consisted of “confessions” of the accused (often obtained under great duress), testimony of other accused witches (likely given in an attempt to garner mercy), and the existence of a “witch’s teat” (third nipple) on the accused.

In the end, 20 poor souls were wrongly executed by the judicial system of colonial Massachusetts, including one who was slowly crushed to death by the piling of stones on his chest. It was not until October 31, 2001, in a resolution signed by Massachusetts governor Jane Swift, that all those wrongfully executed were finally proclaimed fully innocent.

As an American attorney, I have the honor of participating in what I feel to be the greatest legal system the world has ever known. We must all remember, however, that no legal system is perfect. Injustices can happen anywhere at any time.

Most of you are familiar with the terrible collision between the Metro Light Rail and the Metro Bus which occurred on March 15, 2010 in downtown Houston. As it turns out, one of the victims of this collision may have broken his neck. Sadly, this man did not have health insurance. Fortunately, he had the wisdom to hire a personal injury lawyer to help enforce his rights. Hopefully now this man will be able to obtain the medical treatment he needs, thanks to the efforts of his lawyer.

Whether or not you have health insurance, a skilled personal injury can help you enforce your legal rights and insure that you obtain maximum compensation after an auto accident or injury. Even if you have health insurance, you are entitled to damages above and beyond the cost of your medical treatment when you are injured due to the negligence of another. Specifically, you are entitled to recover compensation for the physical pain and mental anguish associated with the injury and your recovery, as well as for your lost wages, any disability (temporary or permanent), disfigurement and scarring and other damages as well. Of course, if you do not have health insurance, a good personal injury can also help make sure that you get the treatment you need for your injuries.

The man in the story below had the wisdom to hire a legal professional when he was injured in the Metro accident. Remember, if you are injured in a car or bus accident or because of the negligence of another, you should always seek the advice of an attorney who practices in that area of the law.

ABC News Houston – Man in Metro Crash May Have Broken His Neck

I’m sure we all remember when the Houston Light Rail started up service a few years ago. It seemed like there was another collision between a light rail car and a motor vehicle just about every day. While the tracks and the service were new, the incidence was still very high. It appeared that Metro was assigning fault in this initial rash of auto accidents primarily to the people driving the car. While the incidence of injury accidents between Metro Light Rail and autos is going down, safety concerns linger.

Currently, I am representing a couple of the folks injured in the collision between a Metro bus and a Metro Light Rail car on March 15th. You have probably seen this on the news, as it was the second significant “Metro on Metro” event in five weeks. I plan on investigating their safety standards and regulations in my efforts to represent my client. While mass transportation is important and helpful to our community, it is imperative that Metro administer their systems so as to minimize the possibility of injuries and accidents to the population of Houston.

I want everyone to know their rights. Don’t take “no” for an answer. Don’t let businesses and insurance companies push you around. There ARE resources to find justice in this world. If it has anything to do with personal injury, car accidents or insurance law – please consider ME one of those resources. If something doesn’t seem right to you – run it by me, I’ll let you know what I think, no charge to you.

I can’t tell you the number of calls I’ve gotten over the last several weeks from prospective auto accident clients who told me horror stories about the way they were treated by the insurance company for the person that caused the wreck. Questioning the legitimacy of their injuries, even when they were transported by ambulance to the hospital!

Remember, while many of my clients are in the Houston area, I am licensed to practice all over the state of Texas. Please don’t assume that the insurance company holds the power. With an experienced lawyer on your side, you operate on an even playing field.

Okay, so it may not be my most cheerful topic yet, but it certainly is important. Whether it is because of our family, our friends, or ourselves these are issues we are all going to have to face at some point (hopefully later rather than sooner). There are some important things you should know about these issues and some important steps you can (and should) take now.

One of the most common questions I’m asked in this regard is as follows: “I don’t really have a lot of stuff. Do I need a will?” In my opinion, I think everyone should have a will. If you die intestate (that’s fancy lawyer talk for “without a will”) Texas state law will determine who gets your property. But what if you have a special piece of jewelry or family bible that you wanted to go to someone in particular? Also, if you have children, how will you let those who survive you know who you want to take care of your kids? If you take the time to prepare a will now, you can address these issues and let your wishes be known.

Another consideration: It is often less expensive and time consuming to resolve an estate for which there exists a will. If you make a will you can appoint an “executor.” That is, someone you trust to take care of your business after you are gone. There are lots of good reasons to make a will. If you haven’t done so already, please do. Now. Really. (Put down the magazine, you can read the rest of this article later!)

Back? Okay, good. Now that you have your will, lets address a couple of other quick issues. Often times, people confuse the term “will” with the term “living will.” There is a difference between these documents. A will is a document you use to express your wishes about your estate when you pass. A living will (technically called an “Advance Directive”) is a document you would use to express whether or not you would like to be kept alive on life-sustaining machines if you terminally ill and unable to express your wishes. I often see people wait until they are somewhat older or have children before they bother with a will. Unfortunately, anyone can be struck down in a serious accident at any age. (Terri Schiavo collapsed at the age of 27 and was diagnosed with a persistent vegetative state.) It is especially important, therefore, to make sure that you prepare an Advance Directive no matter what your age.

As if these issues were not serious and complicated enough, I’ve got one more document I need to throw into the mix. How many of you have heard of a “Medical Power of Attorney?” A Medical Power of Attorney is a document used to grant very specific and limited power to a person you chose to make health care decisions on your behalf should be you become unable to do so. This document is different from a general or “durable” power of attorney which would allow someone to conduct business on your behalf. A Medical Power of Attorney only allows the person you designate to make medical decisions on your behalf, nothing else. Again, because accident or illness can strike at any age, it is important for everyone at any age to consider making this document.

I’m sorry to write such a bummer of an article about such a depressing topic during such a beautiful time of the year. These are important issues, however, and need to be considered. I promise I’ll write about something more cheerful next time!

As some of you may have heard in the news, the U.S. Supreme Court gave some some interesting and controversial opinions last year. Given the public interest in some of these decisions, I thought I would provide a little information on a few of the cases.

District of Columbia v. Heller, the “gun ban” case: This was probably the most interesting and controversial case to be decided in this most recent term. This case actually represents the very first decision conclusively interpreting the second amendment since it was ratified in 1791. The second amendment reads: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” In its decision the Supreme Court held that the right to own a firearm was an individual right and is not tied to any requirement that a gun owner be a member of a state militia.

Justice Antonin Scalia wrote the opinion and said, in part, that the Constitution does not allow “the absolute prohibition of handguns held for and used for self-defense in the home.” The Court struck down the handgun ownership ban that has been in place in Washington D.C. for 32 years. Interestingly, the Court made it clear that regulation and licensing of firearms was constitutionally permissible, making this subject ripe for future clarification through the courts. Immediately after this decision came down, lawsuits were filed in San Francisco and Chicago challenging similar laws banning handgun ownership.

Kennedy v. Louisiana, a case regarding the death penalty for rape of a child: As the father of two young children, this was a difficult case for me, personally. In this case the Supreme Court held that a law allowing the death penalty for the rape of a child violated the Constitution’s ban on cruel and unusual punishment. While other states have allowed the death penalty for the rape of a child, there has not been an execution in this country in 44 years for a state crime that did not involve someone’s death.

The Kennedy decision held that the death penalty was a disproportional punishment for the rape of a child. The decision appears to ban the death penalty for any state criminal law that does not involve a death. It should be noted, however, that the law allows the death penalty for certain federal crimes such as treason and espionage.

Boumediene v. Bush, the Guantanamo detainee case: This case is the latest of several Supreme Court decisions against the Bush administration’s effort to deny the Guantanamo detainees access to U.S. civilian courts to challenge their detention. The Court had previously held that these detainees must have a means to legally challenge their detention. In this case, the Court held, in part, that “the laws and Constitution are designed to survive, and remain in force, in extraordinary times.” This particular decision has generated substantial controversy and will likely not be the final time the Court addresses this issue. The White House has consistently held the position that the detainees are illegal combatants and therefore have no legal rights whatsoever. This case and the others addressing this issue represent one of the clearest conflicts in the balance of power between the executive and judicial branches of our government.

Crawford v. Marion County Election Board, the “Voter ID case: In this case, the Court upheld Indiana’s requirement to show a valid photo ID in order to cast a ballot. Opponents had argued that such a requirement would make it more difficult for poor, elderly and minority voters to cast a ballot as such a population would be less likely to carry a drivers license or other official identification.

Exxon Shipping Co. v. Baker, the “Exxon Valdez” case: In this decision the Court reduced the $2.5 billion dollar punitive damage verdict in this famous oil spill case to $500 million. The verdict had already once been reduced from the original $5 billion jury verdict from the original trial.

I hope you find these summaries of some of the Supreme Court’s most recent cases interesting and helpful. As you can see, the Court faced some important question with long reaching implications. As individuals, we may or may not agree with some of these holdings, but it is good to understand them as they do represent “the law of the land.”

Recently, I wrote about the basics of identity theft and provided a few tips for preventing it.

But what do you do if your identity has already been stolen?

Unfortunately, you can’t just put a “lojack” on your identity and have the police just go and pick it up. The bad news is that recovery from identity theft can take years and cost thousands of dollars. The good news is that there are new laws and regulations which work to make the recovery process faster and less expensive.

If you determine that you are the victim of identity theft, there are four steps you should take immediately. First and foremost, you should contact the three major credit reporting agencies (Equifax, Experian and TransUnion) and place a “fraud alert” on your credit report. I would highly recommend that you send your notice and request via regular mail, return receipt requested. Keep copies of all of your communications in this process, as well as all signed “green cards.”

Your second step is to contact someone in the security or fraud prevention department of each company where an account has been improperly opened. Be sure to inform the company that you have been a victim of identity theft, that you did not open or authorize the account, and ask that it be closed immediately. Again, be sure and send these notices via certified mail, return receipt requested. Be sure and obtain written confirmation from these companies that the accounts have been closed and that the fraudulent debts have been discharged.

Your third step in the process is to file a police report of identity theft. I would suggest filing the report with your local police department, as well as with a law enforcement agency in the area where the theft occurred (if you have this information). It is very important that you report this theft and cooperate with any subsequent investigation. Your rights and remedies in regard to the identity theft resolution process often depend on this step.

Finally, be sure to report the identity theft to the Federal Trade Commission. This process can be done online through their website at www.ftc.gov. Keep a copy of your report, as it will be very helpful in cleaning up the identity theft mess. You may also wish to provide a copy of this report to the local police who are investigating your criminal complaint.

By following these steps as outlined above, you will be able to resolve the headaches caused by identity thieves. It will take time and effort, but it is most certainly worth it. Your good name is your most important asset, and once it is stolen you must do whatever you can to get it back, even without a lojack.

Today, March 3rd, has been dedicated as “Spread the Word to End the Word” day by Special Olympics is companion organization, Best Buddies.

Which word? “Retard.” As many of you know, I have been an ardent supporter of Reach Unlimited for many years. My friends at Reach Unlimited are “developmentally disabled,” they are NOT retarded.

Please help me spread the word today. EVERY person has worth and value. Not only that, EVERY person has feelings, and feelings can be hurt. Using the word “retard” or “retarded” can be hurtful and stigmatizing. Please remember today to help me “spread the word to end the word.”

When I was a kid, I remember when thieves could steal your car, steal your purse, or even steal your wallet. Today there is a new target for smart and sophisticated thieves: your identity. Think about it – from the criminal’s perspective, this is the perfect crime. There is no gun required, almost no physical risk, a low chance of getting caught, and the potential for a very lucrative haul. Welcome to the 21st century.

This month I’m going to take a look at identity theft and answer some basic questions. What is identity theft? How does it happen? How can I prevent it? Next week we will take a look at some specific steps you can take if you have already been the victim of identity theft.

So what exactly is identity theft?

Identity theft occurs when a criminal steals your personally identifying information (name, social security number, birthdate, etc.) and uses the information to commit fraud. Identity thieves may use your identity to rent an apartment, get a telephone, obtain a credit card or even buy a new car! Often, victims of identity theft do not learn that they have been victimized until they review their credit report or are contacted by a debt collector.

How does identity theft occur?

Identity thieves use several common methods to obtain the information they need to commit their crime. Some criminals will go through your trash until they find discarded correspondence or other documents with your information. This practice is known as “dumpster diving.” Some criminals rig credit card machines to make a copy of your credit card information when you slide your card for a legitimate authorized transaction. The more “high tech” criminals use a complex method of posing as banks or other institutions to get information via email or fake websites. This technique is called “phishing,” and is one of the most effective and fastest growing means of obtaining your personal information.

There are several things you can do to help prevent identity theft.

First and foremost, be aware of the ways your personal information can be stolen and take the appropriate safeguards. You may wish to buy a personal shredder to use for sensitive documents you throw away at home such as all those pre-approved credit offers many of us receive. Also, be very careful about how and when you provide personal information over the internet. If you get an email from your bank or credit card company asking for information and providing a “link” to click on, ignore it. Call the number you have on file for the financial institution (do NOT rely on any phone number provided in the email) and ask them about the email over the phone. Remember to regularly review your credit report and look for errors or accounts you did not open. You can receive one free copy of your credit report annually. The official website for this process is: www.annualcreditreport.com. You can get additional information on identity theft and its prevention by visiting the Federal Trade Commission web site at: http://consumer.gov/ncpw/everyone/identity-theft-and-privacy/.

But what to do if you think you may already be a victim? Stay tuned, I’ll have some more advice for you soon.

An honest auto mechanic can sometimes be tough to find. No harder than finding an honest lawyer, some would say, but my regular readers already have that department covered! My wife and I have run into a series of car “issues” lately, and it got me thinking about the different ways an uninformed consumer can be abused by a dishonest mechanic. This month’s article will focus on ways to make the often painful and expensive world of car repairs a little easier for my readers.

There are three golden rules for any consumer when dealing with an auto mechanic:
1) get it in writing;
2) get it in writing; and
3) get it in writing.

If you follow these three rules, you will by WAY ahead of the game in case of problems or disputes “down the road” (if you’ll pardon the pun.)

Specifically, you should always get a WRITTEN authorization for towing or inspection of your vehicle PRIOR to the time it is towed or inspected. This authorization should cover several issues, including: the exact cost and description of the towing, inspection or diagnosis to be completed; an explanation of which charges (if any) will be waived if you elect to have the repairs completed; a statement that the car will be satisfactorily reassembled if you elect not to have the repairs done and/or a statement that all inspected parts will be saved and stored for you; and most importantly, a statement that the authorization for towing or inspection is NOT an authorization for repair and that a separate, written work authorization will be required prior to the commencement of any repairs. You should ALWAYS require a separate repair authorization prior to the time you begin repairs. Although you may be asked to sign the inspection authorization at the same time you sign the work authorization, my advice is NOT to do so. I mean, if you’re going to do that, why bother with the inspection authorization at all?

Your work authorization should address certain items as well: a complete description of the repair work to be done (obviously); the stated fee for the work to be done, broken down by parts and labor; a full disclosure of all other costs (storage, shop fees, etc.) as well as a statement that all costs and fees are disclosed in the authorization; a statement as to whether the parts will be new from the manufacturer, new aftermarket parts, used or rebuilt; the specific terms of the warranty for the repair work; the method of payment accepted for the repairs; and an indication that all parts removed and/or replaced will be stored and saved for your inspection (unless they are required for exchange, such as brake pads.)

There are a few common problems to watch out for. For example, you should never let the mechanic disassemble your vehicle or put it up on the rack if you do not have a written authorization for inspection as described above. At that point, you run the risk of authorizing overpriced repairs or getting your vehicle back partially or improperly reassembled. Also, your mechanic may call you for “verbal” approval to amend or change the work authorization. While time and convenience may tempt you to take this shortcut, I would highly recommend that all changes to work authorizations be in writing and signed or initialed by both parties. This is the only way to insure that misunderstandings do not blossom into increased revenue for your friendly local lawyer.

If you do have a problem with a mechanic, or if the final charges exceed the written authorization and you feel you have been cheated, it is probably best to go ahead and pay the bill. If you do this, be sure to write a few words making your protest clear on the bill and on your check if you can. If need be, you can go back and dispute your credit card charges or sue the mechanic in small claims court after you drive away. Keep in mind that a mechanic has a lien on your vehicle to insure payment of his charges. Please do NOT pay with a check and then put a “stop payment” order in place, as this will likely end up with your car being repossessed.

Remember, a nice smile and firm handshake does not always translate into quality service delivered with honesty and integrity. Keeping all agreements and authorizations in writing and being firm about your rights is hard work, but it sure does beat riding a bicycle to work on a rainy day.

The right to vote in these United States is at once both our greatest privilege and our most important responsibility. For over 200 years brave patriots have shed their blood to support and defend our democracy. Given the importance of the upcoming elections, I would hope that everyone who is eligible to vote will do so. Unfortunately, the U.S. has one of the lowest voter participation levels of any democracy in the world. Perhaps a brief exploration of the long, hard fought struggle toward the universal right to vote will provide a bit of “incentive” to make it to the ballot box next month.

As some of my readers may know, when this country was formed, only white male property owners had the right to vote. In fact, several colonies even had religious requirements to vote, some of which lasted until 1790! Gradually, over the first half of the 19th century, the requirement of property ownership was abolished. As is often the case, sometimes these restrictions were not lifted without a fight. In 1842, the “Dorr war” was fought in Rhode Island over this very issue. For his troubles in leading the fight for non-property owners to obtain suffrage, Thomas Dorr was found guilty of treason in 1844 and sentenced to life imprisonment at hard labor (although he was pardoned the next year.)

After the civil war, in 1870, the 15th Amendment was ratified guaranteeing the right of U.S. citizens to vote without regard to “race, color, or previous condition of servitude.” Tragically, another century would pass before persons of color could fully begin to claim this right. During reconstruction, the idea of a black man voting was intimidating to many both in the north and the south, and downright blasphemous to some. Many schemes were devised to keep blacks from voting, including poll taxes, literacy tests and cumbersome registration requirements. Blacks, of course, were not the only once excluded from the vote. Many western states denied the right to vote to Asian-Americans as well.

Through the 1950s, many southern states retained poll taxes and literacy tests designed to disenfranchise blacks. In Alabama, for example, prospective voters were required to provide written answers to a 20 page test including questions such as: “Name the rights a person has after he has been indicted by a grand jury.” While the Civil Rights Act of 1957 assisted enforcement of voting rights, black voter registration in the south was only increased by around 200,000, a mere fraction of the eligible black population.

In 1965, Martin Luther King, Jr. launched a voter registration drive in Selma Alabama. At that time, blacks slightly outnumbered whites in the city, but the voter roles were 99% white. Despite their best efforts, stiff resistance from the racist and segregationist establishment successfully prevented even a single black voter from being added to the rolls.

Dr. King’s heroic work, however, stirred the nation. On January 23, 1965, the 24th Amendment was passed banning the use of the poll tax. Later that year, President Johnson signed the 1965 Voting Rights Act, eliminating all literacy tests and empowering the federal government to oversee and enforce voting rights as necessary. While many feel that voting rights are still not equal to this day, there is no doubt that the work of Dr. King and the subsequent Voting Rights Act has substantially narrowed the gap between black and white voter registration in the south.

Of course, no discussion of voting rights would be complete without reference to the long struggle for women’s suffrage. The practical start to this fight started in Seneca Falls, New York in 1848 when America’s first women’s rights convention took place. Susan B. Anthony and other supporters of women’s suffrage attempted to vote in the 1872 presidential election. As a result, in 1875, the U.S. Supreme Court (Minor v. Happersett) held that women could only vote as a result of legislation or constitutional amendment. Over the next several decades “suffragettes” such as Susan B. Anthony, Elizabeth Cady Stanton and Lucy Stone continued to fight for a woman’s right to vote. Fueled, in part, by the political atmosphere created during World War I, women finally won suffrage. On August 18, 1920, the 19th Amendment was ratified which guaranteed that “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” This was not the only battle for suffrage influenced by war. At the height of the Vietnam war, on July 1, 1971, the 26th Amendment was ratified lowering the voting age to eighteen.

The point of my article this month is simple: Do NOT take your right to vote for granted. Too many great Americans have fought too hard and too long for this valuable right to be wasted. The best way to thank those who have fought for our rights for the last 200 years is to stand up and make sure your vote is counted.

How often do you get to hear a lawyer try and talk you OUT of hiring him? Not very often, so LISTEN UP! Some of you may be familiar with the small claims court system here in Texas. If not, its very much like the People’s Court on T.V. But with more cowboy hats and Texas accents.

The small claims court system is a fantastic way for regular folks (non-lawyer types) to settle their differences in court without having to pay an attorney to represent them. My first and (if I do say so myself) best advice to anyone thinking about suing in small claims court is to first try and settle your differences with the adverse party. Don’t let your emotions get the better of you. While using the small claims court system is simple and inexpensive, it still takes up time, costs money (not much though), and takes up valuable judicial resources.

If you cannot settle your differences amicably, however, you should explore the opportunity to sue in small claims court before you start trying to hire a lawyer. You do not need a lawyer to appear in small claims court. The rules of evidence generally do not apply. You are able to introduce written evidence and witness testimony, subject to the approval of the judge. My best advice to you if you go this route is to make sure that you are as prepared as possible when you appear.

Okay, now for the “fine print.” There are some limitations on the small claims court system. First of all, you cannot sue in small claims court unless the amount in dispute is less than or equal to $5,000.00. Also, keep in mind that either party may appeal from a small claims court judgment.

If and when you are ready to file in small claims court, the first step is to find the proper court for your case. Generally speaking, you would file your lawsuit in the small claims court precinct where the defendant resides, where the business operates, or where the transaction made the basis of the dispute took place. Once you have determined the proper court in which to sue, you should go to that court’s “civil” department and ask for a small claims court packet. While the clerks are not able to give you legal advice, they are usually very friendly and helpful in giving general information about the process. Remember, when you file, you will need to pay a small filing fee and will also have to pay a “service fee” to have the lawsuit served on the defendant. Again, the clerks will likely be able to help you with this procedure.

So… Now that I’ve managed to talk you into not hiring me, I think I’ll crawl under my desk and take a little nap. Good luck in court!

How Much Car Insurance Do I Need?

Yes, yes, I know, every penny counts, especially nowadays! But the few dollars you may try to save on your car insurance bill may cost you dearly in the long run.

Lets start with the basics. In the State of Texas you are REQUIRED to have at least liability coverage on your vehicle. Liability insurance is that portion of your insurance which pays for the property and personal injury damages of someone you hit if a collision is your fault. In Texas the minimum amount of liability insurance that you are required to carry to cover for bodily injuries you may cause is $25,000.00 per person and $50,000.00 per incident. You are also required to carry $25,000.00 worth of insurance to cover any property damage you may cause.

So let me ask you this, have you seen a typical hospital bill lately? Have you seen some of the fancy cars people drive in this city? If those minimum limits sound a bit low, its because they are. In a time when any stay in a hospital is likely to cost tens of thousands of dollars and a new Toyota (not a Lexus mind you, but a Toyota) can cost upward of $30,000.00, you should seriously think about asking your insurance agent for more than these minimum limits. I think you will find the cost of increasing your coverage to $100,000.00 per person and $300,000.00 per incident surprisingly small. Your coverage for property damage will increase as well. Of course, as an alternative, you could just make sure you always drive behind vehicles that are at least ten years old!

Another type of coverage is called Personal Injury Protection, or PIP. This coverage will pay for your medical expenses and up to 80% of your lost wages in the event you are in an accident. Usually, the minimum amount of PIP coverage is $2,500.00, but again, it does not cost much to increase these policy limits. Again, given skyrocketing medical expenses and the importance of keeping up your flow of income, I suggest PIP coverage in at least the amount of $5,000.00.

In my opinion, the most important type of “optional” coverage anyone can purchase is Uninsured Motorists (“UIM”) coverage. This coverage will “step into the shoes” of someone who causes an accident if they are at fault and do not have any insurance. In my practice, you would be amazed at the number of times I see people involved in accidents who do not have insurance. Not only is this illegal, but it is irresponsible as well. UIM insurance has another benefit as well. It also acts to protect you in the event you are struck by someone who is underinsured. For example, lets say you are struck in a collision and sustain serious personal injuries. Furthermore, lets say the person who caused the collision only has minimum policy limits. In this scenario, your UIM coverage will “fill in the blanks” and will act to increase the liability limits of the “underinsured” driver beyond $25,000.00.

Of course, you may also wish to purchase comprehensive and collision insurance as well. This insurance will pay for the repair of your vehicle if you cause an accident, or if your car is stolen, etc. If you are financing your vehicle, your bank will require this coverage. You may have an option of the size of your deductible. How much risk you can afford to take in this regard is a question of personal preference.

There are also other types of optional coverages that your insurance company may offer. These may include car rental insurance, glass breakage, or death indemnity. While some of these coverages are quite inexpensive, others may not be worth the expense. I would certainly make sure you had the “basics” (liability, PIP and UIM) in place before you started thinking about these “bells and whistles.”

So remember folks, even if you are trying to watch your budget, be careful about cutting back too far on your insurance bill. Insurance is one of those things that you hope you never need, but you are darn happy you have it when you need it!

The Supreme Court made a very important ruling this past week in the Case of Citizens United v. the Federal Election Commission. The gist of the ruling is that the Supreme Court, in a 5 to 4 vote, lifted a 100 year old ban on corporate spending in federal elections.

Essentially, because of this ruling, large (and small) corporations are in a position to spend unlimited amounts of money to either support a political candidate they believe will be sympathetic to that corporation’s interests or to attack a political candidate they believe will not be helpful to the corporation.

While some are trumpeting this ruling as a ruling in favor of free speech, the ruling is based on the legal assumption that a corporation is a person, just like you or I. The concept of “corporate personhood” was originally derived in the late 19th century in order to facilitate the legal and practical operations of the large business that were starting to come about in that era. The attorneys, lawyers and judiciary of that time came up with this concept as a practical solution to what was a difficult legal problem in dealing with the rapid growth of the industrial era. Restrictions on corporate involvement in political campaigns were started at the urging of President Theodore Roosevelt in 1907. Labor Unions were similarly restricted after WWII.

Honestly, it is this attorney’s opinion that corporations are not people. They have no feelings, they have no soul, they have no conscience and you cannot put a corporation in prison when it breaks the law. I think we need to rethink the concept of corporate personhood in this country, as it seems to give corporations an enormous amount of rights with only extremely limited accountability.

Supporters of this recent decision cite the fact that the ban is lifted on labor union participation in federal election campaigns as well, thus tempering the massive influence of corporate involvement. Well, as a practical matter, comparing the relative size of the “war chest” of the 100 largest corporations vs. the 100 largest labor unions is a bit like comparing a tea cup to a supertanker oil transport vessel.

For whatever its worth, I think our current government would be better served by LESS corporate involvement in the electoral process, not MORE. No matter what one’s party affiliation, it is just common sense to want our representatives to care more about the people they represent than the corporations that are now able to pay to put them in office. Personally, I believe that all political campaigns should be funded by public money and private contributions not to exceed a very nominal amount, but that may be a post for another blog entry.

What do you think?