"Responsible" Third Parties

In the last 2-3 months I have been asked several times to research the issue of designating a responsible third party (RTP) in Texas. For those of you non-legal folks, a RTP is basically any person who may have had any part in causing damage or injury to a plaintiff in a lawsuit. This doctrine also recently changed in Texas, thus the sudden interest in the doctrine by the partners in our firm. I know, I know, this does not sound very interesting you say, but after extensive research, and glass of wine or two, I realized how applicable this doctrine is to everyday life... I mean just think of all those times when you got in trouble as a kid when your little brother or sister really caused the problem, or how you were reprimanded at work for something you co-worker did. How great would it be if you could simple designate that pesky younger sibling or meddling co-worker as a RTP... thus relieving you from some of the blame.

Lawyers use the RTP designation most often when they represent defendants and hope to show proportionate liability or avoid joint and several liability. Simply put, a defendant is free to move the court to designate just about anyone as a RTP as long as there is some evidence that this person did contribute in some way to the injury or damage. I imagine this this scenario playing out in households everywhere something like this:

Mom: Johnny get your butt in here right now!

Johnny: But Mom, I didn't do it!

Mom: Johnny why on earth did you you XYZ....?

Johnny: Well Mom, its not all my fault, you see Jane told me to...

Mom: Do not bring your sister into this, she did not make you do this.

Johnny: No she did not make me, but according to the Texas Civil Practice and Remedies Code, she is a "person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these," because she told me that I didn't have the balls to do it!

Mom: [blank stare]

I think back to all the times I got in trouble for something my brother did, or instigated and vice versa. There are the rights that break out in the playground or school hallways in which someone always says well so-in-so said something about my.... Our society is such that we always looks to pass the buck, and the RTP is merely the legal way to do so.

So the next time you find yourself in the seat of blame, remember to invoke your right to designate a RTP (after all its never all your fault, right?) ~ The Illegal Blonde

Merry/Happy Christmakuh

I surved my first married Christmakuh... I say this, but really there was not a Hanakuh to this.... Its just fun to say. Yes, my husband comes from a half Jewish/ half Christian family, but the most jewish they get it unpacking the electric Menorah and then forgetting to plug it in. Oh, and his mother makes latkes.

This being our first married Christmas you would think we would be inseperable, but then again that would just not be us... trying to fit in everyone's holiday schedule proved to be a bit more difficult. First, his family does "Christmas" on Christmas Eve (something about sleeping in on Christmas day). So we headed to our first family gathering around 2pm Saturday. We dropped off the pup with his parents and then headed to my family. We ate our traditional Mexican Christmas Eve feast and then went to his parents for presents. From there I headed to Midnight Mass with my mother. (Yes it really starts at midnight)

*Funny side note, during mass the Priest a brief history of time at which point my mother leans over and asks me when Jesus was born (I wanted to say duh mom today... Christmas) but then I realized she meant what year as in BC or AD to which I replied BC = before Christ and AD = anno domini or "year of our Lord." This led to a quiet, but extensive history lesson for my mom.

Then at about 1:30 I finally headed back to the family household, sans hubs. I felt like a teenager trying to sneak in after being out too late... However, my cover was blown by the chihahua police (aka Hubble and Hopie.) The barked me right in the door and up the stairs.... Needless to say, I did not awake at the crack of dawn to open presents. I staggered out of bed around 9:30 to yet another puppy alarm.

The family proceeded to make and eat breakfast and then enjoyed a civilized present-opening experience. One at a time, nice and slow (accompanied by champagne!) After presents, hubs went back to his fam for lunch while I stayed and helped with dinner! I have slowly over time been allowed to graduate from salad preparation and this year served as sous pie chef and vegetable preparer! (Roasted carrots and parsnips with feta and balsalmic glaze). We only had two minor holiday catastrophes: 1. stopped up disposal; and 2. smoking oven... Minus that we had a delightful meal with family and friends.

After dinner we heaed back to hubs's parents to load up the pup and stuff and head home! Well, after we moved a glass cabinet and made sure pup did her business and took home too many leftovers. When we finally arrived all I wanted to do was sleep!

Yesterday was no different. We made a trip Lowe's to use some giftcards. Three light fixtures, two doorknobs, two cans of paint, caulk, and 4 lightbulbs later we were off for new tennis shoes! When we finally arrived home (after visiting the grocery store) we got to work on more home improvements. Since hubs has the week off, he is my obligatory handyman! We've got two closets and a front door to paint and new kitchen light fixtures to hang! We would have already had a new front door handle, but I CANNOT get the old one off.... The doorknob has won that fight for now. Needless to say, I was a little excited to come to work this morning where I could plant myself in my office and not be bothered.... Holidays are nice, but sometimes there is respite in my solitude of an office.

So Merry/Happy Christmakuh everyone, make the rest of 2011 the best. ~The Illegal Blonde

Sin City

So I made it through my first trip to Vegas! I was amazed by the shear size of the hotels... I mean it cannot be described unless you see it in person. And the shopping?!? There are more stores in 7 miles then I have ever seen, not to mention a Starbuck's literally about every 5 feet.... What does this say about our country?

But this trip got me thinking about fashion... Yes I know, not gambling, or food, but fashion. For a town with so many luxurious stores, some people have no sense of fashion (or decency for that matter). This place was like People of Wal-Mart on steriods. I saw everything from shorts when it was raniny and 40 degrees, no shoes walking down the Strip, but perhaps my favorite were the numerous amount of girls who apparently mistook their pantyhose for leggings!

Yes you heard it here, these girls wore pantyhose with a shirt and boot/heels/wedges of questionable taste. At first I thought I was clearly mistaken. I  mean everyone knows that pantyhose are not meant to be worn alone. But no, not in Vegas! I kid you not, I walked behind a girl for several blocks and stared at her cheeks... She was adorned in black sheer hose complete with built in panty, a sweater and booties... And perhaps it would have been ok, had it been like Paris Hilton, shown below, but these girls needed a serious lesson in health and beauty.

To say I was appalled, is well an understatement. Then let's add in the vast amounts of girls wearing too much make up, or make up from last night, showing well not too much, but all their cleavage, and the tight, short skirts/dresses. Vegas is a fashion nightmare! Ladies, just because you travelled to the City of Lights, does not give you license to leave your sense of any kind at the terminal. Vergas is not Halloween, so do not dress like a slutty Victoria's secret model. No one wants to see your goodies! (ok so maybe some rather undesireable men do)

So for a city that has some of the best shopping, the most desired couture, it also attracts poor fashion sense in droves! ~The Illegal Blonde



Think

Amazing what a fortune cookie can unfold. I had lunch with the other two female associates in my office yesterday at this great Thai place downtown. We exchanged stories, gossip, and they gave me some advice about surviving not only in our male-dominated profession, but our male-dominated office. As we walked out, I stopped and grabbed a fortune cookie, not because I particularly care for them, I think its more tradition or habit. I mean how else does a meal end at any Asian food place in the US right?

So, today I got in my purse to get a stick of gum, and bam there is my fortune cookie! I opened up that baby and cracked it open and there lie my fortune: "No snowflake in an avalanche ever feels responsible." Now, I was sadly disappointed as this is not exactly a fortune, but hey whose to tell Voltaire that? Anyway, it got me thinking about the different ways this phrase can be interpreted and applied in life.

1. In the midst of a fight, war, argument, etc... no one person thinks its his fault. I mean not one person can literally start a war, just the same same one single snowflake cannot start an avalanche. It's the collective. In law its the pointing fingers approach. No one single person caused the corporate breakdown, it was not the action of one person who caused the faulty part to be manufactured, nor did one party to a divorce do one single act to cause the breakup of a marriage. But that is the nature of the law, and more precisely the practice of it.

Lawyers try to figure who did it, place blame and liability. We shoot back and forth discovery, and quibble over deadlines. It's this mob mentality, this collective thinking that turns small problems into avalanches. In the end though no one really can place the blame or the start of a lawsuit  for that matter on that single snowflake.

2. Be the change you want to see in the world. When I first read my "fortune" I thought differently than how most people interpret this adage. To me it was more about the snowflake not feeling like it could cause the avalanche on its own. And perhaps literally it can't, but it goes without saying, it just takes one.

It's true no one person may feel the caused a great movement or trend on his own, but the movement had to begin somewhere. Martin Luther King, Jr. did not wake up one morning and say I think I'll have a dream today, nor one protestor standing alone begin a movement to end the war in the 60's or to Occupy Wall St. (how's that going BTW?).

My point is not one person is responsible for the great change we see everyday, but one person can be the step that puts the gears into motion to cause the proverbial avalanche.

So, however you chose to interpret my little fortune, the lesson is simple: every ill work spoken, or mean stare can begin an avalanche of hate or a smile and a kind word can bring about an avalanche of change. Each day you get to chose which snowflake you'll  be. And remember each day is a new snow storm. ~The Illegal Blonde

Once a Crownhead, Always a Crownhead

Miss USA Crown

I guess it should have shocked me more than when I looked at my mornings "news" aka my most followed blogs, it came as no surprise to see another former queen in the news. For those of you who have missed this gem, former Miss USA 2010 Rima Fakih was allegedly arrested last night under Michigan's "super-drunk" law. This reminds me that once you  have worn the crown, regardless of which one, it stays proverbially on your head.

Let this be a gentle reminder that someone is always watching you. (Maybe not Santa Claus) Perhaps they will not catch you every moment when you are not acting in the most noble or ladylike fashion, but they see and hear. I could sit here and list a litany of beauty queens who behaved less than desirably, but what good would that do, except rehash their imperfections and not allow them to move one.

But this lesson expands to more than the pageant world. In fact, in every phase of life someone is there watching over you, making sure you are doing the right thing and making a good impression, building a good reputation for yourself. Each contact you make in life, each action you chose to take, reflects on the person you are, or who you chose to portray. For example, this morning one of my colleagues sent out an email asking about the reputation of three mediators. You would be amazed at the responses. Funny as they are to lawyers, the reputation of one of the mediators on this list is less than desirable. (Needless to say, this particular mediator will probably not be getting anymore work from out firm).

Remember the mantra your mother or father preached at your to mind your p's and q's? ( I mean what the heck are your p's and q's anyway?) Well, they were right. It's just a reminder to act how your want to be remembered. Leave the right impression. Yes, we all  have bad days and can say some spiteful things, but for the most part, the person who received that tongue-lashing probably did nothing to deserve. Just the same as teens and young adults all have the days where they are rebellious and experiment. I'm not telling you to be perfect, because no one can. What I am saying is that everyone wears a crown so to speak.

People will judge you in every profession, job, club, school, etc.. you get the point. So, always be the best representative of you, your family, your profession, etc... Walk around everyday like you have a crown on your head. Make every day count, and be remembered not for the mistakes you make, but for 1) how you handle them, 2) how you overcome them, and 3) how you avoid them. It does not matter which "crown" you wear, just remember how you want to be remember. ~The Illegal Blonde

Crown of Thorns



Miss America Crown



Moving On

So I've been pretty busy today and wasn't going to blog, until I saw a post by a good friend on her wall. It was a picture with a quote, and when I read the words I was moved.

This applies in more than the friend world. I have often thought about being fired from my first job, and I have pondered why they didn't like me, or what I did that was so bad to warrant termination. In relationships women often think we did something wrong (and most often we have) that made the relationship fail. Friendships are this way too, as are jobs and I have discovered: clients.

We all have those moments when we need closure on some aspect of our life and the first thing we do is blame, not ourselves, but the friend, spouse, bf/gf, boss, etc.. you get the point. Perhaps its not that the person or thing was bad, it was just time for that part of our story to close. It's the end of the chapter, so to speak, in the life of you.

So look not to blame what ails you, but look at it as a new chapter to begin, or as a wise professor posted, turning the page to read something new into your life story. Remember, every day is a new page. You get to write that page of your life, you can chose to begin a new chapter, end one, or simply continue the story, but each day is a new beginning, a new opportunity to make yourself who YOU want to be.
 ~The Illegal Blonde

Mostly Dead Comments On Irrational Exuberance

Love this guy and his posts!

Mostly Dead Comments On Irrational Exuberance