New Website Shows 'Collateral Consequences' of Criminal Convictions

Here is an excerpt from an interesting article on the Blog of Legal Times:

The American Bar Association and a Justice Department unit have launched a new website that allows users to search federal and state laws that hinder people with criminal records from being able to do basic things — like finding work and obtaining housing — to be able to reenter society successfully.

The website, run by the ABA and DOJ's National Institute of Justice, is meant to be a resource that allows users to search the collateral consequences they can face in their own state.

For now, the website includes information on state laws in Vermont, Minnesota, Iowa, Nevada, Texas, Wisconsin, South Carolina and New York. The rest of the states will be entered over the next 18 months, administrators say.

You can read the full article here.

It's a Doubleheader for Good Economic News in Montgomery County Today

According to WoodlandsOnline.com, Nordstrom is set to open a new store in the Woodlands Mall in 2014.  The two-story retail venue will be inhabiting a renovated space now occupied by Sears. 

The full WoodlandsOnline article can be read here.

Great Economic News for Texas

This morning, CNN published an article "Where the Jobs Are" which lists the top 25 counties in the U.S. for job growth.  Texas makes an outstanding showing with 5 Texas counties on the list all within the top 10, and 2 of these counties - Montgomery and Fort Bend - are in the Houston metropolitan area.  Here are all of the Texas counties in the order of appearance:

2.  Fort Bend County;
3.  Williamson County;
4.  Montomgery County;
6.  Collin County; and
7.  Denton County.

Want to read more?  Click here for the full CNN article.  

Texas Business News: 2012 Franchise Tax Form Issues

I recently received a mass mail e-mail from the office of the Texas Comptroller of Public Accounts regarding common processing errors on some franchise tax forms.  It appears that the bar code included on the forms mailed to businesses contains information which cannot be corrected on the pre-printed form - even if that information is incorrect.

Since many Texas businesses extend their filing deadline to later in the calendar year, this is news you can use to help prevent filing problems this year.

Here is the text of the e-mail from the Comptroller's office:

Issue: Altering franchise tax forms can cause errors The Comptroller’s office has identified processing errors on some 2012 franchise tax forms. We worked with several of the software providers and traced these errors to the use of a PDF editor (e.g. Adobe Acrobat Pro, Nitro Pro, PDFexcape, Foxit, etc.) to make changes to franchise tax forms. These errors can result in a company’s account status being “not in good standing”, which has a negative effect on its ability to do business in Texas. How to avoid errors on tax forms you prepare Tax preparers should be aware that the data they enter into a provider’s software is used to print the franchise form with a 2D barcode. The 2D barcode contains the same data that is printed on the form. The franchise form is processed to a company’s account based on the data in the 2D barcode. Using a PDF editor to change data printed on the form does not change the data in the 2D barcode. Tax preparers should use the provider’s software to change data on the form so that the 2D barcode is also changed.

Secret Weapons, Surveillance, and Covert Operations in Divorce Cases

I saw an article in the Houston Chronicle entitled "Spy Gadgets Infiltrate Divorces" which can be viewed here:
 http://www.chron.com/default/article/Spy-gadgets-infiltrate-divorces-as-domestic-3518643.php

Many spouses are using sophisticated and expensive technology to secure evidence of cheating, misuse of finances, diversion of money, excessive spending, lying, and a myriad of other malfeasance in an effort to get an upper hand in divorce.  As readily available as cameras, video recorders, and other recording devices are nowadays, that does not mean using this technology is legal or will secure usable evidence in a divorce. 

Surveillance and recording must be done within the bounds of the law in order to secure usable, credible evidence in a divorce case.  For example, some spouses may try to leave a voice-activated recorder in the house, which turns on and records anything that occurs in a room.  This type of recording likely violates current Texas and Federal law.  If a recording is made illegally, even if there is significant evidence of malfeasance on it, Courts may not admit it into evidence.  Illegal recordings may also result in a firestorm of litigation against the violator.  Such litigation may include a restraining order/injunction against further recording and surveillance, counter-claims for harassment, stalking, invasion of privacy, and other claims.  An illegal recording may also result in a federal lawsuit seeking remedies pursuant to the Federal Anti-Wiretap Statute.   

Illegal recording may also violate the rights of third parties not involved in your divorce.  These could include other family members, friends, business colleagues, employers, and others, whose rights may be violated and may have remedies under Texas and Federal law.  If work email is hacked, if employer's phones or computers are recorded, if bank records are hacked, those entities may have claims for those illegal invasions. 

Simply because the technology exists does not mean it should be used recklessly.  Seek the advice of good and experienced counsel before undertaking surveillance on your own.  It does you no good to secure evidence that may be helpful to you, if the means to gather the evidence are illegal or result in significant claims against you.     

Why Should You Be My Lawyer

I love my job.  I love asking questions, and I love solving problems.  I went to school for basically a third of my life to become a lawyer.  Once I became a lawyer, it became very clear to me why they call it the "practice" of law.  I heard once that roads are for journeys, not destinations.  To me, this is also true of the law.  The law is not intended to act as a fence, with clear black and white boundaries.  It is purposefully drafted with ambiguity and exceptions.  This is one of the reasons why, when lawyers are asked if particular facts create liability or are illegal, the answer is frequently "it depends."  Let's take an common example, "Thou shalt not kill."  This is a very clear, concise rule.  But, there are recognized exceptions to this rule.  For example, what about self defense?  What about in defense of another?  What about in times of war?  This illustrates why the law is ever-changing and flexible - so it can strive to be fair.  I'm not saying all laws are fair.  Nor am I suggesting all laws that are on the books are good laws or are always fair.  But, the system itself strives for fairness, and it is this noble endeavour that I love and respect.

I love trying cases.  Don't get me wrong, a trial is stressful.  However, standing before a judge, jury, arbiter, or arbitration panel and advocating for my client is a great privilege.  I'm often asked why I don't specialize in a particular area of law.  The honest answer has more than one aspect to it.  First, my skill set allows me to effectively advocate for clients in multiple areas of law.  I also enjoy handling cases for both plaintiffs and defendants.  My service on both sides of the courtroom gives me great insight and experience on how the other side perceives the case.  My experience on both sides of the docket also enhances by abilities as a mediator.  Another is that my firm is a business, and it is subject to market forces and the economy. 

So what types of cases have I handled?  This is a difficult question to answer, because there have been so many over the years.  Everyone that has spent more than 30 minutes with a lawyer knows that we can tell war stories for weeks on end.  We can because each case is memorable.  Each case teaches new lessons, and we carry that experience with us and apply it to our overall practice.  There is no substitute for experience.  It's also rare when a case involves only one area or aspect of the law.  For example, I handle complex divorce cases.  But a divorce case often involves areas of law other than family law.  Divorce cases can also involve significant aspects of real property law, privacy laws (both state and federal), forensic accounting and business law, contract law, etc.. 

This doesn't really tell you anything about my experience, so I can provide a list of some areas of law and types of cases I have handled over the years and still handle.  A comprehensive list of my current practice areas can be found on my website.  On the defense side of the docket, I have provided defense to businesses and corporations in a variety of business disputes, claims of alleged property damage, and personal injury.  I have assisted in defending overtime and wage claims.  I have assisted construction businesses in defending construction claims, including defective work, collections/liens, and other construction disputes.  And the list goes on. 

On the plaintiff side of the docket, I handle many of the same type of cases I defend.  In an earlier time in my life, I was on the trial team of a large patent case in Marshall, Texas, representing an entrepreneur seeking to recover royalties for patent violation.  I handle claims involving the Texas Deceptive Trade Practices Consumer Protection Act (DTPA).  I handle real property disputes and contract matters.  I handle simple and complex family cases, from divorce to CPS - few things in life rival the trauma and fear of having CPS take custody of your child.  I handle claims for catastrophic injury and death.  And the list goes on.

Finally, I handle many non-litigation cases.  For example,  I have in the past represented a 4A economic development corporation.  This opportunity allowed me to assist in drafting ballot language and work with the 4A board on city and 4A funding issues.  I also mediate, and in this capacity I assist businesses directly in resolving disputes.  Many businesses are looking at mediation as a cost-effective alternative to resolve internal disputes with employees; it is confidential and gives both sides a forum to air their grievances and be heard.  This environment fosters resolution, and mediation has a proven record of successfully resolving disputes.  I have the privilege of assisting businesses and other attorneys in seeking to resolve their disputes amicably.  I have also served as general counsel to businesses that need periodic advice, but don't need to incur the overhead of paying for full time in-house counsel. 

As I said, I don't know that just listing practice areas and briefly touching on a few of the many cases I've handled over more than about fifteen years really conveys how important each and every case has been to me.  A more comprehensive list of my practice areas is on my website at http://www.drewmccallum.com/.  The bottom line is that I love advocacy, I love solving problems, and I love being part of a team. 

How early mediation can impact divorce cases

I am often approached to represent clients after a mediation has occurred.  Most that approach their divorce this way do so in an attempt to work out most or all issues with their spouse without having to pay an attorney.  From a business perspective, this approach can certainly make sense.  Divorce is often expensive.  And, if agreement can be reached early on some or all issues, that can certainly make the process simpler, less stressful, and less expensive.  However, many believe that what is agreed to at mediation can be easily undone later - that the parties can simply change their minds on agreed child support, visitation/possession, conservatorship, property use, or other significant aspects of the divorce.  This is not always the case.  For example, let's say that one spouse believes the other spouse has the potential to be violent, believes the other spouse may be abusing drugs or alcohol, or engages in other conduct which may negatively impact the children.  Let's then say that a mediation occurs before the worried spouse gets an attorney, and this worried spouse agrees to allow the other spouse unsupervised visitation.  The worried spouse may honestly do so for the sake of reaching an agreement and putting the issue behind him/her for the moment.  This spouse may also believe that he/she can then get a lawyer and have this agreement undone based upon his/her concerns.  This is not necessarily the case.  Agreements like this can be very hard, if not impossible, to undo.  Courts believe that if there was any substance to the concerns, the agreement never would have been acceptable to the worried spouse.  Courts expect to see consistency in positions on issues when concerns such as these are raised.  If it was really an issue and there really was potential danger, the agreement never would have been acceptable.  Mediation is a valuable tool in helping spouses to divorce.  However, without the guidance of good legal counsel, a moment of weakness or exhaustion, an eagerness to get the divorce over with, or a sudden impulse can have devastating consequences on significant issues in your divorce.  The importance of consistency is often overlooked as a part of any divorce.  Consult an attorney before mediating your divorce.