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.