I think some people really enjoy their jobs. Others just tolerate them for the paycheck.
I don't think anyone has a chance to top this one. I'm linking to the Chronicle's page because the direct link is not working. I'm sure the site was knocked down with all the traffic.
Wednesday, January 14, 2009
Tuesday, December 23, 2008
Tuesday, December 2, 2008
Cheney and Gonzalez INDICTMENTS......DISMISSED
And almost as quickly as it started, the indictments against Dick Cheney, Albert Gonzales, State Senator Eddie Lucio Jr. and two district judges have been dismissed.
Monday, November 24, 2008
....an idiot for a client?
Pro se litigants is an interesting topic and many times, they serve as a ripe source of business. An article in today's online issue of the Houston Chronicle discusses the growing practice.
In my experience, most people are able to do a fair to good job representing themselves when everything goes right. The problem arises when things go wrong. Case in point, contracts drafted by non-lawyers typically lack key terms related to payment timing, delivery of goods and services, and dispute resolution. When these contracts have to be litigated, many times, there is very little substance to make a claim on because of the the vagueness of the contract.
As noted in the article, a more serious problem is when a pro se litigant fails to properly preserve error at the trial level. This in essence strips away the losing litigant's ability to appeal the decision.
It is also important to realize that Federal courts in the 5th Circuit (our circuit) do not allow a corporate entity (e.g. Corporation, Limited Liability Company)to appear pro se. As a legal entity separate from the individual, it must be represented by a licensed and admitted lawyer.
Once in a courtroom, there are books' worth of deadlines and procedures that must be followed. The penalty sometimes is the loss of your right to seek judicial remedy for your situation.
In my experience, most people are able to do a fair to good job representing themselves when everything goes right. The problem arises when things go wrong. Case in point, contracts drafted by non-lawyers typically lack key terms related to payment timing, delivery of goods and services, and dispute resolution. When these contracts have to be litigated, many times, there is very little substance to make a claim on because of the the vagueness of the contract.
As noted in the article, a more serious problem is when a pro se litigant fails to properly preserve error at the trial level. This in essence strips away the losing litigant's ability to appeal the decision.
It is also important to realize that Federal courts in the 5th Circuit (our circuit) do not allow a corporate entity (e.g. Corporation, Limited Liability Company)to appear pro se. As a legal entity separate from the individual, it must be represented by a licensed and admitted lawyer.
Once in a courtroom, there are books' worth of deadlines and procedures that must be followed. The penalty sometimes is the loss of your right to seek judicial remedy for your situation.
Wednesday, November 19, 2008
Cheney and Gonzalez INDICTED
Houston Chronicle Article
This story piqued my interest for a couple of reasons. First, any time a Vice-President and former cabinet member are indicted on criminal charges it must be big news. Second, the story was supposedly broken by my hometown television ABC affiliate.
If anything is evident from history, and several Law and Order episodes, an indictment is just an accusation. There are several ways in which this can all fade away e.g. the court can dismiss the indictment, the charges can be dropped and/or dismissed.
Despite this, I will be monitoring this situation.
This story piqued my interest for a couple of reasons. First, any time a Vice-President and former cabinet member are indicted on criminal charges it must be big news. Second, the story was supposedly broken by my hometown television ABC affiliate.
If anything is evident from history, and several Law and Order episodes, an indictment is just an accusation. There are several ways in which this can all fade away e.g. the court can dismiss the indictment, the charges can be dropped and/or dismissed.
Despite this, I will be monitoring this situation.
Friday, November 14, 2008
New Website Launch
I had no idea when I wrote my last blog entry about Hurricane Price Gouging that I'd experience so much change because of Hurricane Ike.
The office building suffered significant damage from the storm. We are displaced for four months because of it.
The change of scenery also inspired me to update the old law firm website. Please take a look and send me your comments.
rochalawfirm.com
The office building suffered significant damage from the storm. We are displaced for four months because of it.
The change of scenery also inspired me to update the old law firm website. Please take a look and send me your comments.
rochalawfirm.com
Thursday, September 11, 2008
Post-Hurricane Price Gouging
With hurricane season in full swing, the unfortunate topic of predatory pricing and price gouging arises. For some unknown reason, some individuals will take advantage of others' misfortune at the worst possible time.
Texas takes a very strong stance against these predatory price practices. If you feel you have been unfairly charged for fuel, food, medicine or other necessity, you have a remedy under the Texas Deceptive Trade Practices Act (DTPA). In addition, the Attorney General's office has the authority to prosecute price gougers. You may file a complaint with the AG's office here.
From the AG's website:
The DTPA is a powerful consumer protection law that gives you the right to sue for deceptive practices to recover your economic damages, mental anguish damages, and attorney's fees. In some cases, you may be entitled to recover treble (or multiple) damages if the defendant's acts are intentional.
We have represented clients with DTPA claims on a variety of matters.
Texas takes a very strong stance against these predatory price practices. If you feel you have been unfairly charged for fuel, food, medicine or other necessity, you have a remedy under the Texas Deceptive Trade Practices Act (DTPA). In addition, the Attorney General's office has the authority to prosecute price gougers. You may file a complaint with the AG's office here.
From the AG's website:
Please understand that we cannot act as your attorney. State law prohibits our office from giving individual citizens legal advice or opinions or providing legal representation. If you feel that you need legal advice, you will have to turn to another source such as a private attorney, legal aid society or other organization.
We can file suit only to protect the public interest. State law prohibits our office from filing a lawsuit whose only purpose is to recover money or property for a single person. In those instances, it is appropriate for the consumer to seek legal advice from a private attorney, legal aid society or other organization.
Our office does file suit against companies that violate the laws protecting consumers. However, we file these lawsuits to protect the public interest, not private interests. Whether a lawsuit is in the public interest depends on several factors:
- Severity of the case in terms of economic loss or the number and gravity of law violations
- Possibility of halting a fraudulent scheme quickly
- Extent to which consumers will benefit from public enforcement
- Costs of enforcement as compared to the benefits to the public
- Likelihood of collecting penalties and restitution from the business
The DTPA is a powerful consumer protection law that gives you the right to sue for deceptive practices to recover your economic damages, mental anguish damages, and attorney's fees. In some cases, you may be entitled to recover treble (or multiple) damages if the defendant's acts are intentional.
We have represented clients with DTPA claims on a variety of matters.
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