tag:blogger.com,1999:blog-68384927786766844322012-01-31T01:07:55.850-06:00Jury Charge is a weblog devoted to Texas legal issues and commentary.Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.comBlogger221100tag:blogger.com,1999:blog-6838492778676684432.post-11457880158478730812011-05-28T18:16:00.000-05:002011-05-28T18:16:10.041-05:00

I hear folks frequently talking about "getting a good divorce or trial attorney."  I also get calls asking if I or my partner are "good" attorneys.  That's an interesting question, as it's a question that is posed to many professions.  Everyone is looking for a good something, be it a contractor, doctor, or lawyer.  Seinfeld had a good stand up bit talking about referring someone to a doctor, and

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com1tag:blogger.com,1999:blog-6838492778676684432.post-27377529536105700382011-05-28T09:59:00.000-05:002011-05-28T09:59:52.113-05:00

The construction industry has been hit very hard by the economy.  Construction has slowed as consumers and businesses find ways to save money and delay construction that is not absolutely essential.  This environment has also created an aggressive market for collections in the construction industry.  Contractors, subcontractors, and vendors are having to ensure prompt and proper payment as

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-24529905671716074562011-05-20T10:57:00.000-05:002011-05-20T10:57:39.096-05:00

I've received some comments asking where I practice and where can I be contacted?  I am an attorney with Drew & McCallum, 25231 Grogan's Mill, Suite 350, The Woodlands, Texas  77380.  I can be reached at (281) 252-9300.  My firm's website is http://www.drewmccallum.com/.  Also, you can click on the links on the left side of the blog page for more information about me.  Thank you for the great

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-27512377692740568052011-05-20T10:50:00.003-05:002011-05-20T11:03:22.337-05:00

In this economy, many businesses and entrepreneurs find themselves falling behind with creditors and bills.  While they fully intend to pay these obligations, and frequently see money coming in the near future to satisfy these obligations and get caught up, aggressive creditors often file suit and secure judgments for their obligations.  In Texas, collecting a judgment can be difficult.  As the

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-69398570915078170792010-11-07T14:31:00.000-06:002010-11-07T14:31:39.284-06:00

I was at a seminar recently, and one of the presenters was a business lawyer that likened plaintiff lawyers to a hungry lion and businesses to raw steaks.  If you turn on the television, you will see ad after ad of lawyers re-enacting car accidents, watch brightly colored numbers flash across the screen, and see loud, emphatic lawyers promising they will fight to get every dollar.  It's gotten to

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-18842863412404467512010-10-30T12:51:00.001-05:002010-10-30T20:41:00.570-05:00

We represent businesses and entrepreneurs in a multitude of different matters, including corporate setups and formations, contract negotiations and drafting, joint venture and business mergers and transactions, avoiding and defending overtime and wage claims, and a variety of other matters.   We also act as affordable in-house counsel for smaller companies that don't need full time services but

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-19713141985140951992010-10-16T15:58:00.001-05:002010-10-16T16:00:05.674-05:00

A construction contract or agreement is actually made up of several instruments in addition to the contract.  Construction agreements are governed by the contract, written change orders, and the plans/specifications for the project.  It is important to know that these instruments are reviewed together in confirming all agreements between the contractor and the property owner.  The construction

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-62827485429571115352010-10-02T17:38:00.001-05:002010-10-02T17:39:39.040-05:00

When parties agree to arbitrate disputes, the law is not settled as to what powers an arbitrator has.  For example, do arbitrators have the power to enforce witness subpoenas, compel parties to comply with the arbitrator's orders, issue injunctions, or hand down sanctions?  Additionally, if discovery is needed from third parties does the arbitrator have the authority to compel compliance with

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-58831865503677798412010-09-25T18:58:00.002-05:002010-09-26T18:38:13.009-05:00

Why should businesses look at mediation to resolve disputes?  When a dispute arises, business leaders first turn to counsel to evaluate the risk, time, and resources a dispute may require to resolve.  Litigation or arbitration may cost legal fees, expert fees, require hundreds or thousands of hours of employee time, and require time and attention of business decision makers.  All of this results

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-90671561994317296462010-09-25T09:37:00.002-05:002010-09-26T18:39:01.529-05:00

Employers often ask when it is permissible to search a desk, locker, or an employee's person.  Employers have often found themselves the subject of lawsuits for invasion of privacy, assault, public disclosure of private facts, and other claims for unlawful searches.  Employers should establish and follow some simple principles in developing policy and conducting searches in the workplace.  By way

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-47720938280305199652010-09-22T23:30:00.003-05:002010-10-16T15:31:06.741-05:00

Employers invest a lot in their employees, and this investment includes trust with the employer's business interests, goodwill, trade secrets, customer or vendor lists, and other confidential information.  Employers have two avenues to protect this investment.  The first is a written employment contract which contains restrictions that protect the employer and prevent competition.  The second is

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-65300911337089540112010-09-19T16:10:00.002-05:002010-10-01T17:32:22.666-05:00

One of the most frequent questions I get asked by those considering divorce is, "What does the process involve and how long will it take?"  The "process," in it simplest form, depends upon how the divorce is going to be approached.  There are several ways to approach divorce, and which process is best depends upon the spouses.  If the divorce is agreed and the spouses are generally amicable, then

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com1tag:blogger.com,1999:blog-6838492778676684432.post-50492006157072151662008-03-15T21:05:00.004-05:002008-03-15T22:00:14.627-05:00

Choosing a lawyer can be difficult. Each lawyer has different and unique experience, perspective, and approach. There are multitudes of ways to handle cases, and each lawyer will have differing opinions and approaches to individual cases. Lawyers, like doctors, have different "bedside manners." Some lawyers are calculating, decisive, and goal oriented. Others focus on gut instincts, environment,

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com1tag:blogger.com,1999:blog-6838492778676684432.post-68420224126614642602008-03-13T14:46:00.005-05:002008-03-13T17:46:54.430-05:00

Many of my clients tell me that some family lawyers advise that emotions and feelings have to be set aside, or disregarded, in order to properly handle family law matters. My law firm respectfully disagrees. Family law cases are inherently emotionally charged. Even in cases where the spouses want to reach agreements and make a divorce "uncontested" or "collaborative," there are still emotional

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-31631540033106057422008-02-22T23:44:00.005-06:002008-02-23T00:09:01.213-06:00

If property is repaired or stored, a basic understanding of bailment law is essential. As always, bailment law is complex and involves analysis of facts and issues specific to your case. I strongly recommend you seek advice of a competent attorney regarding specifics of your case/issues. This is not legal advice, but only a general, broad discussion of some bailment issues.Generally speaking, a “

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com9tag:blogger.com,1999:blog-6838492778676684432.post-42345779910759332872008-02-22T19:04:00.018-06:002008-02-22T21:29:55.909-06:00

Many of my clients ask me how lawyers decide where to file a lawsuit. If often seems that lawsuits are filed in inconvenient places far away from where the actual dispute occurs. Or it seems like a lawsuit is filed in a place more convenient to one party than others. Where a lawsuit gets filed is called "venue". Venue is subject to significant legal and factual analysis; much of it voluminous

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-65351774871881229642007-02-11T10:53:00.000-06:002007-02-11T11:50:44.159-06:00

Landlord tenant relationships are largely creatures of contract. The lease document and terms generally set out the business relationship between the parties, circumstances that constitute default, consequences for default, and remedies available to the non-defaulting party. Oral leases may be enforceable, but there are significant legal restrictions that may either render a verbal lease

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-71891276684168020322007-01-30T20:09:00.000-06:002007-01-30T20:47:38.074-06:00

Many clients, especially business clients, come to me when faced with a crisis. A contract breach has cost time, money, and work and the situation will only worsen if the breach is not resolved. One effective method of resolving such a dispute early is for the parties to mediate the matter. Mediation can be extremely effective to resolve disputes because it can be done quickly, relatively

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-56423403179105327102007-01-23T07:09:00.000-06:002007-01-26T10:58:09.360-06:00

More and more companies are discovering that litigation not only involves preserving copies of contracts, invoices, and records. It also involves extensive search, retrieval, preservation, and review of email, text messages, website data (new and archived), intermal memoranda, and independent forensic review of computer hard drives and servers. The ease and efficiency computers, email, and the

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-83275825296220544902007-01-20T17:31:00.000-06:002007-01-20T18:01:40.249-06:00

I occasionally have clients request a simple "form" lease, for various purposes ranging from commercial leases to simple residence tenants. Sometimes, a standard lease that can be purchased at any office supply or book store will suffice for simple, short-term, informal situations. However, parties to a lease must understand that the document's terms will govern nearly every aspect of their

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-32206171616280843442007-01-20T16:42:00.000-06:002007-01-20T18:01:20.378-06:00

Early this year, Wal-Mart will utilize computer scheduling to move workers from predictable set shifts to a system based on the number of customers in a store at a given time. This emphasizes the struggle employers face to increase profit, productivity and customer satisfaction; which must necessarily be balanced with a workforce comprised of people. Family welfare and individual needs will

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com0tag:blogger.com,1999:blog-6838492778676684432.post-20872384510214839932007-01-20T16:11:00.000-06:002007-01-23T20:35:04.391-06:00

Whether you are an owner, general contractor, subcontractor, or supplier, chances are at some point you have been a party to a contract with an arbitration clause. These clauses are anything but boiler-plate and standard, and should be carefully reviewed. Also, many in the industry are discovering that arbitration is not all it was hoped to be. It can take longer and cost more than litigation in

Patric McCallumhttp://www.blogger.com/profile/16703391069212376121noreply@blogger.com1