Showing posts with label lien dispute. Show all posts
Showing posts with label lien dispute. Show all posts

Tuesday, May 15, 2012

Lessons From a Punk Rock Lawyer 2: Zombies!

("Zombie Lawyer Makes A Counteroffer", by Jeromy Murphy 2009) One of the best parts of tour is the hours of conversation with tourmates during the hours of tour. There are often long drives in the middle of the night after a show with one person driving and one person riding co-pilot as navigator (and for the safety of keeping the driver awake).
After a week or so you run out of bad jokes and stories and beging to talk about movies
One of my favorite genres is Zombie movies. I love them all from Day of the Dead, I Walked with a Zombie to more recent Shawn of the Dead and Zombieland.
The plots of Zombie movies are a lot like touring.
A typical zombie movie has a group of people thrown together because of the Zombie Crisis. The groups quickly organize themselves into a heirarchy and work together to stay alive. There are roles that every group seems to have: the reluctant leader, the victim /weak link and the trouble maker/antagonizer, the quiet one/loner. For much of the movie the team works together because failure to work together will result in being eaten by Zombies. At some point in every Zombie movie it breaks down and the interpersonal conflicts emerge. Think Shaun of the Dead at the Winchester (gruesome clip which you may want to avoid but you get the point). It's important to remember when you are on tour that the team is the only thing keeping you safe from the Zombies. They will make you crazy-you will want to wring necks and tell them off but for the duration of the tour they are what is standing between you and the metaphorical Zombies.
I tell my business and litigation clients all the time, Remember that the Zombies are out there. Don't fight with your team. Fight the Zombies.
It is easy to get caught up in the moment and forget what matters. In a legal setting what matters is a good outcome for the client. Interpersonal conflict, hurt feelings the like are distractions from the real task. So on tour do the best show you can and take care of your band. When you are fighting Zombies, fight zombies not the other survivors AND when in litigation, keep the focus on the litigation. There are zombies out there just waiting for you to give them an opening.
Touring can be a pressure cooker. It is easy to let the stress of the tour tear a band apart. There is usually at least one day during a tour where everyone decides to quit. A great example of my Zombie analogy happened in my law practice not long ago in a settlement conference. The parties were all present and mostly represented by counsel. As we all sat around the table, my client had been coached to let us on the legal team do the talking but it became clear that the defendant had not. At a particularly tense moment in the negotiation the defendant unloaded an emotional barrage of invective at lawyers generally, me specifically, and people, like my client, who file lawsuits. While defense counsel was busy cleaning up the mess, we swooped like a hoard of hungry zombies. Keep focused on the litigation or we'll get you. (See a cartoon depiction of this episode above).

Monday, March 28, 2011

New Mechanic's Lien Bill HB 346

Over the last few years the Texas lege has made numerous revisions to Texas lien law. Mechanic's and Materialman's liens are an essential part of the the construction process. Liens give even a low level subcontractor a way to protect his or her rights on a job. I've filed numerous lien and been happy to have the lien procedure available. I'm always careful to review invoices, real property records and send the required notice letters. Not everyone is. A few years back there was a rash of bad liens filed as harassment. The legislature responded by granting civil and criminal penalties for erroneous liens. This was a great step to deal with abuse but drafting errors had the effect of subs paying for simple typographical errors. The last session fixed this problem making only bad faith filings subject to penalty.
Now in 2011, we have HB 246 filed by Rep. Kleinschmidt which amends the Property Code to allow attorney fees and costs to be awarded in a suit to remove an invalid lien. This is a great amendment of the code. Lien filers would be aware that invalid liens would be subject to removal at their expense. Valid liens would still serve to protect the rights of labor. This bill has left committee with a unanimous yes vote and has been sent for calendering so it looks like it is on track to pass. Hopefully the lege will, in some future session, streamline the lien process so that the deadlines and notice period is more comprehensible. I recently talked with a Louisiana construction lawyer who was shocked that anyone could work out Texas Lien law. He has a point. This new law would do a long way toward holding fraudulent lien filers accountable.