General Law Blogs

Post Halloween Mortem

Posted on November 05, 2009
It was a good halloween.This year we had the most grotesque pumpkins in the neighborhood-seven of them. And, we had eight trick or treaters (including the parental units). This was double last year's numbers. Our house might be a little too scary and we are far, far away from other houses...

Saturday Potpourri

Posted on July 25, 2009
Ok, I'm smitten by this wedding video.What's not to love, especially the gerberas and sunglasses. I'm even now a Chris Brown fan, in spite of his domestic violence charge. Obviously and coincidentally, he posted a video apology on his website just after the couple posted their video...

Can a law office be a place of healing?

Posted on July 13, 2009
Today in church Cathy Gibb talked about her experience this year in running the costuming department for Valley Musical Theater's production of The King and I, and that she had discovered that it was a place of refuge for cast and crew. She related how she grew and came to know that it was important for her to respond to others in such a way that the costume room became a place of healing...

Nominations now open for the second annual Silver Cow Patty Award for excellence in country lawyering

Posted on May 22, 2009
As the creator and first annual recipient of the Silver Cow Patty, I now open nominations up for the Second Annual Silver Cow Patty Award.The rules and regulations are as follows:1. Simple Country Lawyers shall self nominate.2. Entrants must have a sense of humor...

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Fried squirrel and other pastoral treats of the past

Posted on April 17, 2009
I'm not exactly what this says about me, but I have eaten fried squirrel. In fact, watching my uncles skin the squirrels on the kitchen floor and my grandmother getting the hot fat ready to fry them is one of my earliest memories. Pickled pigs feet were also known to be consumed as a special treat...

Shared Well Agreements

Posted on February 26, 2009
In general, the following will apply to determining what rules apply to shared wells in Washington State:The Department of Ecology is involved in this process at a State level but counties and municipalities carry out the bulk of the work and the reporting...

It's a Mad, Mad World

Posted on February 06, 2009
Lately, I've grown to love a couple of sixties road comedies. Ray and Irwin rock. Sylvester where are you? It's probably impossible to ever assemble the type of ensemble cast that appeared in It's a Mad, Mad World ever again. See also The Russians are Coming, The Russians are Coming.

Sure You Can, But It's Gonna' Hurt

Posted on January 23, 2009
Here's a pearl from one of our family's esteemed medical providers: "He can rub the spot where he had surgery, but it will hurt and become self limiting." In other words, you can tell someone not to do something that has painful consequences, but if they are not willing to listen to you and insist on doing it anyway, they will eventually get the message through physical, mental, emotional, financial or spiritual pain.

A little less in 2009 is a good thing . . .

Posted on January 17, 2009
Can you have too much water in a place like Ellensburg? Yes, if it is in the wrong place at the wrong time. My office survived a near flood experience in West Ellensburg last week. Today, I had my first flood related call from a potential client.Looking for new and creative ways to save money? My landlord has decided to cut costs at the office by only cleaning the bathroom every two weeks...

Defective Auto Lemon Laws: A Comparison

Posted on October 21, 2008
Today, we have a guest blogger. Sergei Lemberg is an attorney who specializes in lemon law. He is not licensed to practice in Washington, but his site, Lemon Justice, offers detailed information about lemon laws, as well as an interactive Lemon Meter for consumers who want to see if their vehicle qualifies as a lemon...

Strange Fruit: Crime Statistics, Hate Crime Reporting, Hoaxes and the Spinning Flow of Information on the Internet in the Media Age

Posted on October 18, 2008
During the fourth Ellensburg Film Festival, I had the opportunity to watch the documentary Trouble the Water which chronicles the experiences of Kimberly Richards Roberts during Hurricane Katrina and afterwards. Kim and her husband, Scott, ultimately return to New Orleans...

Lawyer Marketing and the first annual Silver Cow Patty Award for Excellence in Country Lawyering

Posted on September 17, 2008
I'm definitely a social networking kind of attorney both online and offline for marketing purposes. This means along with a few select online social networking sites, I go to my local bar events(under 60 members), twice a year or so, make the occasional drop in visit on another business person, and tread water like crazy to smooth out the peaks and valleys of solo practice...

Patience or Why Does Everything Take So Long?

Posted on September 13, 2008
One of the things I always try to remember as a practicing lawyer from all of my experiences sitting on the other side of the desk, is that a legal matter always seems to take in an inordinate length of time. At a bar association get together last week, one of the senior attorneys here in my little town explained why he only takes criminal law cases...

Found in the Daily Record Obituaries

Posted on September 06, 2008
Here's a great poem by Billy Fulleton who recently passed. I did not know Mr. Fulleton but I truly appreciate his sentiments and they are so true here in Ellensburg and elsewhere as well.A Rule For LifeThe trust of a man is a sacred thingOnly heart aches and misfortune without it can bringTo flirt with it or abuse it is the part of a foolFor a man when a man is not soft hearted or cruelNo treasure is greater than the trust of a friendTo flaunt it or mis-use it brings sorrow in the endAn end to accomplish is normal and saneSo do it with honor, roads may meet againBilly L...

Sexual Assault, Harrassment, Discrimination and Finding your Voice-2008 style

Posted on June 29, 2008
Despite decades of Women's activism, sexual assault and harrassment and other workplace or educational disorders directed toward women still exist. In fact, in many ways they seem to have increased in acceptance and frequency. And, despite what amounts to monumental efforts to prevent rape and increase awareness, sexual assault continues to be a part of women's lives...

In Deeds

Posted on June 04, 2008
A small but steady area of practice for my office revolves around deed preparation. Washington is a state where limited practice officers (LPO's) prepare the vast bulk of deeds, mainly through their employment with title companies. Apparently, there are an ever increasing number of companies even in the mortgage industry that would appear to prefer working with an attorney...

When Lawyers Are the Heroes

Posted on May 24, 2008
Having attended Seattle University School of Law during the time that the Wenatchee Child Sex Ring convictions were beginning to be reversed, I watched the FLDS cases proceed with great interest. I'm also a member of the mainstream LDS church, and, surprisingly, only once have had to clarify the difference for a person who actually knew better anyway...

Opportunities in the Current Economy

Posted on April 09, 2008
In spite of uncertain markets, there are a few signs of enterprising souls out searching for the silver lining of the cloud that is the current economic downturn. Real Estate is a more attractive option than it has been for many a long day. Just as it is difficult to time the peak of a market, it's also difficult to gauge the trough...

The other side of the equation-Vendors

Posted on March 15, 2008
As a solo practitioner, I'm a small business person, too. I just finished my first year of practice and although my senior lawyer mentors tell me I have all the "right problems," it has been a hair raising first year. Following the advice of mentors and experts, I've tried to select clients carefully, not carry much in accounts receivable and tried to provide great customer service...

Got summons, get lawyer.

Posted on January 08, 2008
I am a big fan of several self help law websites here in Washington State, most notably www.washingtonlawhelp.org. But, outside of family law, simple estate and elder law problems, the probability of successful pro se litigation dramatically declines...

Guardianship Rewind

Posted on December 06, 2007
Last December, I posted a blog reviewing the excellent series by the Seattle Times on the problems with Professional Guardianships. Last week the times ran a two part series on predatory lending to seniors and the depletion of estates by persons not functioning as a family, volunteer or professional guardian under court supervision...

Steam from the Copper Kettle

Posted on October 23, 2007
It's a rare occassion when I blog back to back, but I've got a little steam to work off today. The front page of the Daily Record reads "Evicted" and it's the story of another old line Ellensburg small business biting the dust. Read all about it here...

Local politics

Posted on October 20, 2007
It's been a long week for me and find myself wondering why I care. Then I wonder why others care. I haven't found a good answer to that. For some it's money, others its power and influence, and many, many others seem to truly desire to make our community better...

Why you need a lawyer (and an accountant)

Posted on September 04, 2007
This summer I've seen several cases where, if the parties had initially seen a lawyer when they got started in the endeavor that is the genesis of the current problem, they would need less of my help right now or could have avoided seeing a lawyer altogether...

Gaining Access

Posted on June 09, 2007
A few weeks ago over lunch, a forty-something friend from Seattle confided that she wondered if moving to LA would be the right choice for enhancing her acting career. Remarkably, two of her forty something friends moved to LA in the last couple of years and found immediate and continuing work as actresses...

The Most Common Estate Planning Mistake

Posted on May 01, 2007
I belong to a nationwide listserv of estate planning attorneys and the "most common" estate planning mistake is:Failure to fund Revocable trusts (Virginia).Failure to fund Revocable trusts (Illinois).Not funding your trust (Hawaii).Unfunded trusts (Michigan)...

Evaluating Business Financial Health

Posted on April 01, 2007
Here are few possible questions to ask when contemplating the purchase of a business, legal action against a business, or simply whether or not your own business is saleable. 1) What is the typical profit ratio in the industry? Is it 30%? Is it 10%? Is it 1%? Are there published financial models that could be applied to determine whether costs are in line with the overall industry?2) If a business grosses 2 million dollars, and the gross profit is $600,000, and the board reasonably declares a 10% dividend, shareholders receive $200,000, how does that relate to actual profits earned? Similarly, if the business only has a 10 % profit in a given year and the board decides to give 10 % profits out in dividends to keep the shareholders happy, is that a good thing? 3) Has the business run through its lifecycle? Is the concept still current and exciting? Is the physical aesthetic clean and fresh or dated and stale? Is further investment needed just to maintain the status quo?4) Are there substantial management problems? Has the business been stripped of all saleable assets? What is the debt level? Is the company pre-bankruptcy? Is there a decent set of books? Is the company current with IRS, Department of Labor and Industries, Department of Revenue and other tax and regulatory agencies?

Valuable Vault Contracts

Posted on January 30, 2007
It's become a rather pedantic refrain that I've uttered over and over in various settings, "Contracts create value." This refers from the fact that without a contract in writing most types of marketable "intangibles" have no valuable. The paper in and of itself didn't have any intrinsic value...

Biofuelblog today's date January 30, 2007

Posted on January 30, 2007
Wander aimlessly into a panel discussion at an agricultural trade show and look where you found yourself, girl. What was I thinking?In the three weeks since I visited Pasco, I've done a lot of thinking, web surfing and talking. Will the promise of Biofuels ever reach fruition? Will the development of a biofuels industry create more moral dilemnas than it solves? The more I find out about biofuels, the more I support wind energy...

Designer Disabled?

Posted on January 16, 2007
Disabled child in your home difficult to care for? Have her body modified to suit your needs. A couple in Seattle claims to have successfully surgically and hormonally altered their child to keep her size and weight child size. Regardless, of which side of the debate you find your sympathies lying, once again, important issues which should be debated and further examined are ignored...

I Fell Into a Pit of Striking Vipers: Tales of Crazy Makers, Liars, and Deniers

Posted on December 30, 2006
Dealing with crazy makers, liars, and deniers is a fact of life for most of us, but most of us really don?t have the understanding or the coping skills to respond accurately when confronted with these negative behaviors. We all want to trust people that we love and work with...

Audit Clauses ARE for the creative.

Posted on December 14, 2006
In their most simple form, audit clauses allow one or both parties to audit each other's bookkeeping.In very brief and straightforward clauses, the party requesting the audit is authorized to: 1) request an audit, 2) with adequate notice, 3) at reasonable business hours, and, 4) hire a competent accounting professional to conduct the audit...

Of Orcs and Audits

Posted on December 09, 2006
This is the first post in a series I'll be doing on audits. If you haven't heard about Peter Jackson being pulled as the director of The Lord of the Rings prequel The Hobbit have a look at the CNN article. The letter written by Peter Jackson and Fran Walsh appears on The One Ring, a fan site...

When the Government Calls . . . Answer

Posted on December 05, 2006
Woody Allen famously said, ?Eighty percent of success is showing up.?One sure way to insure non-success in legal matters involving the government is to fail to appear. The classic failure to appear occurs in judicial settings. Ignoring traffic citations and parking tickets, phone calls and letters from representatives of taxing entities, failing to file various documents and non-conformance to various formalities imposed by law, all amount to potential future problems and are another form of "failing to appear...

A few more or less random thoughts and notes on estate planning which are not to be regarded as legal advice or endorsement of any particular action:

Posted on December 04, 2006
The statutory scheme for disposal of assets, ie. dying intestate (without a will), may be an acceptable solution for some folks. But, if you have minor children wills are necessary if you don't want the court appointing their guardian. Probate in Washington State is not the bugaboo it is in some other states...

Seattle Times exposes the seamy underside of the guardianship business in Washington State

Posted on December 03, 2006
Kudos to the Seattle Times for exposing the weaknesses and failures of the court appointed guardianship business. It is a relief to see the problems of professional guardianship brought forward into the light of day. For too long, court commissioners, judges, guardian ad litems, and many lawyers have perpetuated the image of the abusive, neglectful, and, spendthrift family member as the rule rather than the exception...