The Wright Firm's Weblog

You’ve been served!

There are those individuals out there who receive a huge rush when tracking others down to serve them with lawsuits. We call these people process servers or servers. Sometimes they are individuals who are privately licensed by the State of Texas and sometimes they are Constables who are actually work for the government.  These individuals can be a great help to you and your attorney when they are working to serve a lawsuit for you and they can be a pain in your behind when you are the one they are looking for.  Ultimately, it is my opinion, that you can’t outrun, outsmart, or hide from service for too long.  These people simply have a job to do.  They will likely have information about where you live, where you work, what flight you’re coming in on, and even the make, model and plate numbers on your vehicle.  In fact, they can even have access to serve you in your own home,  wake you up from a dead sleep or catch you cooking breakfast if your spouse allows them into the home.

                It is important to know, that when you are served, your audition just started.  How you react will most certainly be forwarded onto the other party and his/her attorney.  Your reaction and behavior is a gauge of what you may act like in the future and how the opposing party and their attorney may decide to proceed forward.  That being said, don’t yell and scream at the server. It only will make you look unstable. They are doing there job.  Don’t refuse to sign the paperwork because guess what you don’t have too.  Don’t throw your car in reverse and fly down your driveway threatening to take out everyone behind you including the server. And don’t refuse to accept the paperwork because likely the process server will leave it on the ground where they said the magic words, “Mr. Doe, you’ve been served.”  That is all that is required. And from that point forward no one is too touch those papers but you. Which means you run the potential to have others know your business because they will likely just be left on the ground or under a rock. 

                Another important thing to remember, is that avoiding a process server will only go so far.  There are rules within the Code that allow a process server or constable to leave the documents with another individual and or affixed to your front door, your work front door, or any other place you are likely to be found.  From this point forward you are deemed served.  If you get served, you need to contact a lawyer for a consultation right away. Most of the time the documents are time sensitive and you can really damage yourself and your case if you do not respond timely.  

This post has been brought to you by The Wright Firm, L.L.P.  If you have questions, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.

 

Does Your Reputation Equal Currency?

 I have been fascinated by the idea that your reputation equals a form of currency.  In a news article in January, the reporter indicated that Justin Bieber was more influential online than the Dalai Lama or the U.S. President. Really!  My eight year old child would say Justine Bieber sings like a girl; but more influential than the Dalai Lama?  Now that says something.  As a lawyer we have always known the value of our reputations.  Open an office, do good work, and over time the people would show up at your door.  The game has changed.  Now, your reputation can be seen everyday of every second of every minute of the day on social media sites, blog reviews, and attorney review sites like Avvo.com. 

Have you viewed the twitter stream in real time to see if tweets mention you or maybe your competitors?  Have you hired someone to manage your reputation?  Do you care about any of this?  The management of your reputation is now of critical importance.  Social media site Klout at Klout.com,  based on Twitter, claims it can tell you who the most influential company or individual  you should be listening to in cyberspace based on tweets, pings, and hits. So, what do you think? Does your reputation really equal a form of currency? Let me know your thoughts?  

 

Texas Court Room Rules

Top 10 Texas Court Room Rules

 Have you ever been to court?  Unless you’re going to the court house for jury duty, appearing for one of your own hearings can be a very scary experience.    If you are scheduled to appear in a court in Dallas, Denton, Collin, or Tarrant Counties, here are some things you need to know.  Maybe you are appearing for your divorce or family law hearing, a contested probate case, a criminal hearing, or a final trial in a civil matter. 

 

Because judges have different preferences, and “courtroom custom” may vary depending on the county and the judge, the following is intended to provide a top 10 list of things you should know before you get to the court house:

 

1.      Always be prompt.  If your hearing starts at 9:00, you probably need to be there at least thirty minutes early.  For example, in a Denton Divorce case, your Denton County Divorce Attorney may want you at the court house even earlier because many times settlement negotiations will take place at the court house.  Do not be late!  The judge may not wait on you.  The judge will call the case at the time designated and if you are not there the judge will proceed and could dismiss the case if you are not in attendance or even worse the other side could get the relief that they are seeking.  Also, know where you are meeting your lawyer before the hearing. 

 

2.      Stand when the judge enters or leaves the courtroom. Being a judge is an extremely difficult job.  Judges must look at all sides and make as best of a decision in each case as possible. The things they have to see and hear about are horrendous. Standing is a simple sign of respect. We stand when we do the pledge of allegiance, or when the national anthem is being played. We stand when a bride walks down the aisle, or when the president comes into a room. 

 

3.      Do not make personal attacks on opposing counsel or the opposing side.  The other lawyer is just doing their job.  Remember the other lawyer is not going to decide your case.   Have the hearing in the court room not in the hall.

 

4.      Do not interrupt the Court or opposing counsel. Wait your turn.  I see this every day at the court house.   The judge will let you have your turn and will let you have a chance to respond to what the other side or the other lawyer is saying. 

 

5.      No children are allowed in the Courtroom during Court proceedings. The court house is not a day care.  There is no one to watch your children.  For example, if you have a Dallas Divorce case, why would you want your children to sit in the court room and have them listen to the complaints of you and your spouse.  One judge has even told me that if he sees that a party brings a child to the court house, without court permission, he is already thinking in his mind that you do not have your child’s best interest in mind. 

 

6.      No food, drinks, chewing gum, candy or tobacco products are allowed in the Courtroom.   For example, the Collin County Court house is paid for with tax payer money and is needed for the benefit of all citizens.   The request for no food or drink just ensures that the buildings will remain nice and clean for us all in the future.

 

7.      No hats, caps, shorts, tank tops, halter tops or provocative clothing (this includes wording, pictures and the manner in which the clothing is worn).  This really is a lawyer’s pet peeve.  As a Family Law Attorney in the Denton County Courts,  I  have personally taken clients shopping before a hearing.  You are not going to the spa, the beach, and you will not sway the judge by what you are wearing.   Years ago while up in the Denton County Courts, I witnessed a bailiff instruct a person to turn their “This Buds for You”  t-shirt inside out.  Remember this is also a sign of respect.   

 

8.      All pagers, cell phones or other portable communication devices must be turned to the off position. No communication devices shall be operated in the Courtroom. No audible sounds from the communication devices shall be permitted.  In many North Texas court rooms, if your cell phone goes off, it will be confiscated and not returned until you pay the fine for its return.  I have witnessed in the middle of my hearings the opposing party’s cell phone going off while they were on the witness stand.  Do we think that helps or hurts their case? 

 

9.      All talking shall be at a minimum while court is in session.  The judge cannot hear what is going on in the court room if everyone is talking.  If you want to talk to your lawyer, go out in the hall.

 

10.    All persons addressing the court and/or staff shall do so in a respectful manner (i.e. yes sir, no sir, yes ma’am, no ma’am).   Yelling at the bailiff, the court reporter, the court coordinator is never helpful or advised. 

             These are just a few guides that we tell our clients on a day to day basis.  At The Wright Firm, L.L.P. we have offices in Dallas, Denton, Collin, and Tarrant counties in North Texas.  We also handle family law and divorce, criminal matters, bankruptcy, probate and estate planning, immigration, and civil litigation.  If you have questions about this article or a case that you may have, please visit our website at www.thewrightlawyers.com or send me an email at [email protected] for more information.  Thank you for reading this article.