Super Bowl XLV

Hopefully, the Cowboys willplay in Super Bowl XLV in 2011 at the Dallas Cowboys' new stadium in Arlington, Texas. Every year, the Super Bowl creates millions of dollars of business, and many lawsuits that only the lawyers win. Litigation and trial cost exponentially more than good legal planning ("an ounce of prevention..."), so review www.TiptonJonesLaw.com and consult with the quality attorneys at Tipton Jones in preparation for and during good business with good people. If a lawsuit is filed, settle it quickly or prepare to pay substantial legal fees and don't expect to "win" because lawsuits are usually wars of attrition to find out who loses the least. Nevertheless, lawsuits are sometimes necessary when another party is unreasonable. Tipton Jones stands ready to help at all stages of business cycles, from due diligence to transactions, and to litigation and trial if necessary.

Go Cowboys!

Andrew Jones

(214) 979-0100

ajones@tiptonjoneslaw.com

Lawyers (A Morality Tale in 6 Acts)

ACT SIX

The civil justice system had turned into a game with both sides only interested in winning. It didn’t matter to the fourth lawyer what the truth was; he had to win if he wanted to get his money. And it didn’t matter to the first and second lawyers in the big firm what the truth was; they had to win to keep the rich and powerful happy – and paying them money.

But the lawyers all made money so, even though they were unhappy with each other, they were happy with the civil justice system.

All, that is, but one. The only lawyer who wasn’t happy with the system was the third lawyer. He believed that winning wasn’t as important as justice. He believed that sometimes the truth and the facts dictated that his clients were supposed to lose. He believed his job wasn’t just to win, but also to counsel. He believed that was why lawyers were also called “counselors.” And that was how he approached his cases.

The problem for the third lawyer was that the fourth lawyer took advantage of his beliefs. The third lawyer found that it was difficult dealing with dishonesty and a lack of ethics if he was, himself, honest and ethical. His partners didn’t have that problem. They did whatever it took – whatever it took – to beat the fourth lawyer, who did whatever it took – whatever it took – to beat the big firm lawyers.

The rich and powerful liked the first and second lawyers, who did whatever it took to win, because if they could oppress the poor and lowly and still win, that was what they wanted. They weren’t interested in justice, just in winning.

So the third lawyer’s hours continued to dwindle, as did his compensation. His two partners’ hours went up, as did their compensation. The fourth lawyers’ compensation also went up. All the lawyers got rich, except the third lawyer.

And the people suffered. The rich and powerful paid millions in lawyers’ fees to defend the scams of the poor and lowly. The poor and lowly exacted their revenge by scamming the rich and powerful even more. And the lawyers just got richer and richer.

Except the third lawyer. The third lawyer quit being a lawyer. He left the big firm and went away from the city to live on an island.

The other three lawyers carried on, business as usual. And got richer and richer, and more powerful.

And the people cried out to God for deliverance.

God heard their cries, but had no compassion. God said, “I gave you lawyers, and the lawyers have done what you wanted. You reap what you sow.”

And to the lawyers, God said, “Woe unto you, you lawyers, for you load people down with burdens too grievous to bear, and you, yourselves, lift not a finger to help them.”

And the third lawyer lived on an island and was happy.

Mike Farris

(214) 979-0100

mfarris@tiptonjoneslaw.com

Lawyers (A Morality Tale in 6 Acts)

ACT FIVE

Soon the people learned what the lawyers were learning. The poor and lowly learned a new way to scam the rich and powerful – hiring the fourth lawyer to file lawsuits against the rich and powerful, even though they weren’t really hurt.

The rich and powerful began to believe that everyone who filed a lawsuit against them was trying to scam them. But they paid more and more money to settle the lawsuits and then passed along the costs to all the people by raising prices on their products and services.

Meanwhile, the third lawyer continued to have trouble in the big firm. His partners told him he had to bill more hours if he wanted to raise his compensation back up. His partners told him to “market” himself and the big firm to find more work. “Sell the sizzle,” they told him. They would not give him any of their work because that would take away from their own hours and their own compensation.

So the third lawyer set out to market himself and the big firm, but he found that it detracted from practicing law. He didn’t want to be a salesman; he wanted to be a lawyer. Meanwhile his billable hours continued to dwindle, even though – and maybe because – he continued to be efficient. His compensation continued to dwindle, as well. He found himself growing dissatisfied with being a lawyer.

The first lawyer marketed himself, but he didn’t really market the firm. He figured he could someday leave the big firm and start his own firm. He wanted his clients to be loyal to him, not to his partners. As he spent more time “selling the sizzle,” it cut into his time for actually practicing law. So he started billing for hours he spent marketing, only he called it something else when he sent out his bills. Working with the second lawyer, he helped cut the third lawyer’s compensation, and they split the extra money between themselves. He still made more than the second lawyer because, after all, he had more clients and made more money for the big firm. He just threatened to take his clients and leave the big firm, so the second lawyer went along with him.

The second lawyer also wasn’t happy with the third lawyer because he didn’t think he was billing enough hours. The second lawyer billed lots and lots of hours, and played lots and lots of golf. He and the first lawyer made an uneasy alliance based on money, working to make sure they both made more money than the third lawyer. He helped the first lawyer in “selling the sizzle” but, like the first lawyer, he marketed himself, not the big firm. He didn’t want to have to share his clients or his money with the other two lawyers.

None of the lawyers in the big firm were happy with the fourth lawyer. He had started filing frivolous lawsuits along with good lawsuits, which made it hard to figure out which was which. He played tricks, hid facts, and coached his clients to lie. He, himself, was willing to lie in order to win. After all, that was the name of the game. If he couldn’t win, he couldn’t get his forty percent.

And as unhappy as the big firm lawyers were with the fourth lawyer, he was equally as unhappy with them. They buried him with paperwork and, since he was only one lawyer, he didn’t have time to respond to everything the big firm threw at him. That was one of the reasons he did some of the things he did to the lawyers in the big firm.

And God saw that it was bad.

Mike Farris

(214) 979-0100

mfarris@tiptonjoneslaw.com

Lawyers (A Morality Tale in 6 Acts)

ACT FOUR

Over time, the civil justice system changed. The changes were subtle at first, starting with changes in the lawyers. Then the changes made their way to the people.

The third lawyer continued to read fast, learn quickly, think well, and work efficiently. The rich and powerful still liked him because he gave them better results for less money. And that was the problem for the third lawyer – the “less money” part. His partners saw that he billed fewer hours and therefore brought in less money to the big firm than they did. They decided that if he billed fewer hours and brought in less money than they, then he should also make less money than they.

So they voted to reduce his compensation.

The first lawyer continued to work very hard. He worked long hours and worked late every day and kept working on Saturdays. The rich and powerful still liked him because he worked so hard and devoted himself to their cases. He began to think that his way was the only way to do things, and that his two partners should work as long and hard as he did. He began to check their offices at night and on Saturdays to see if they were working. Because they weren’t, he decided that they shouldn’t make as much money as he.

He thought the second lawyer should still make more than the third lawyer because he billed more hours and brought in more money to the firm. But since he didn’t believe the second lawyer actually worked all those hours, he should make a little less than the first lawyer.

The second lawyer continued to bill lots and lots of hours. He kept good records and wrote down lots of time. But the rich and powerful began to suspect that he wasn’t actually working all those hours. And he wasn’t – he had discovered golf. So he golfed on afternoons and on weekends, but he still wrote down lots of time.

The rich and powerful started to question his bills, and his two partners found themselves scrambling to justify charging the rich and powerful for all those unworked hours. But, by and large, the rich and powerful still paid most of the bills. So the first lawyer was happy as long as the money came in, but the third lawyer wasn’t happy. He thought his two partners were ignoring an ethical problem with the second lawyer.

The fourth lawyer continued to be a champion for the poor and lowly. He continued to get them money for their pain when they were hurt and continued to right wrongs when they were wronged, and to get them money for the wrongs. He continued to get money for the poor and lowly from the rich and powerful, and to get forty cents for himself for every dollar he got for them.

He learned that the worse he made their injuries sound, the more money he could get for them – and for himself. He also learned that they didn’t even have to be hurt if he could make it sound like they were. So he started advertising, trying to drum up more business that he could get money for. The big firm started calling him an “ambulance chaser” or, worse yet, a “TV Guide lawyer,” since he advertised in the TV Guide.

And God saw that it was not so good.

Mike Farris

(214) 979-0100

mfarris@tiptonjoneslaw.com

Lawyers (A Morality Tale in 6 Acts)

ACT THREE

Things went well with the big firm for a while. The three lawyers got along famously.

The third lawyer was very smart. He read fast, learned quickly, thought well, and worked efficiently. In half the time, he could do the same amount of work as his two partners. The rich and powerful liked him because he was smart and efficient. With him, they got more work and better results for less money, so they sent him more business. His partners liked him because the rich and powerful sent him more business, and so they all made more money.

Everyone was happy with the third lawyer.

The first lawyer worked very hard. He didn’t mind working long hours, and so he worked late every day. He even worked on Saturdays. The rich and powerful liked him because he worked very hard and was not afraid to devote himself to their causes, so they sent him more business. His partners liked him because the rich and powerful sent him more business, and so they all made more money.

Everyone was happy with the first lawyer.

The second lawyer billed lots of hours. No one was sure when he actually worked those hours because they didn’t see him late at night or on Saturdays. But he kept good records and he wrote down lots of time. The rich and powerful liked him because when they looked at his bills, they saw that he was spending lots of time on their cases, so they sent him more business. His partners liked him because the rich and powerful sent him more business, and so they all made more money.

Everyone was happy with the second lawyer.

Things went well with the fourth lawyer for a while. When they were hurt, he got them money for their pain. When they were wronged, he got the wrongs righted – and got them money for the wrongs. The poor and lowly liked him because he got money for them from the rich and powerful, so they sent him more business. He liked the poor and lowly because, for every dollar he got for them, he got forty cents for himself.

The big firm liked him because when he sued the rich and powerful, the rich and powerful sent the cases to them, and that created more business for them, and so they all made more money.

Everyone was happy with the fourth lawyer.

Life went on in the big city. Justice replaced injustice.

The rich and powerful didn’t oppress the poor and lowly as much anymore because when they did, the plaintiff’s lawyer sued them and took some of their money. The poor and lowly didn’t scam the rich and powerful as much anymore because when they did, the big firm stepped in and saved the rich and powerful from the scams. A prayer of praise went up from the people, thanking God for giving them lawyers.

And God saw that it was good.

Mike Farris

(214) 979-0100

mfarris@tiptonjoneslaw.com

Lawyers (A Morality Tale in 6 Acts)

ACT TWO

Two of the new lawyers banded together with the first lawyer to create a firm, and they lived in one of the tall buildings downtown. They decided that their mission from God was to help the rich and powerful get richer and more powerful – and by so doing, to help themselves become rich and powerful. The rich and powerful promised to pay them for every hour the three lawyers in the firm spent working for them, provided the lawyers kept track of their hours very carefully.

It was a match made in heaven, for the rich and powerful had lots of money to spend on hours, and the lawyers had lots of hours to sell – sometimes as many as twenty-four in a day; sometimes more.

The fourth lawyer decided to stay by himself, so he set up an office in an old house on the fringes of downtown, in the shadows of the tall buildings. He decided that his mission from God was to help the poor and lowly become rich and powerful – and by so doing, to help himself become rich and powerful. The poor and lowly had no money, so he devised a scheme whereby he would make the rich and powerful pay money to the poor and lowly, and they, in turn, would pay him forty percent of everything they got from the rich and powerful – and he wouldn’t have to keep track of his hours.

It was a match made in heaven, for the poor and lowly had lots of claims to make against the rich and powerful, and he had all the time in the world to devote to the poor and needy.

The fourth lawyer called the first three lawyers a “big firm.” The first three lawyers called the fourth lawyer a “plaintiff’s lawyer.” Together they formed the civil justice system.

And God saw that it was good.

Mike Farris

(214) 979-0100

mfarris@tiptonjoneslaw.com

Lawyers (A Morality Tale in 6 Acts)

ACT ONE

Once upon a time in a big city with tall buildings downtown, the rich and powerful lived side-by-side with the poor and lowly. And injustice reigned.

The rich and powerful oppressed the poor and lowly.

The poor and lowly scammed the rich and powerful.

And a mighty cry for deliverance went out from the people, a prayer to God to save them from themselves.

God heard the cries of the people and had compassion. So God created a lawyer. The lawyer created a system of laws to govern the big city. He imposed that system of laws upon both the rich and powerful and upon the poor and lowly. And the injustice subsided.

And God saw that it was good.

But the rich and powerful soon saw a chance to use the system for their own ends. The lawyer needed money to live, so he agreed to sell his services to the highest bidder. The rich and powerful had money to pay, while the poor and lowly had none, so the rich and powerful hired the lawyer as their own.

Soon the rich and powerful again oppressed the poor and lowly, but this time under the weight of the law. So the poor and lowly cried out for deliverance from the rich and powerful and their lawyer. “There are too many people for one lawyer,” they cried. “Please give us more lawyers.”

God heard the cries of the poor and lowly, and had compassion. So God created three more lawyers.

And God saw that it was good.

Mike Farris

(214) 979-0100

mfarris@tiptonjoneslaw.com