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The Enos Law Firm
17207 Feather Craft Lane, Webster, Texas 77598
(281) 333-3030 Fax: (281) 488-7775
E-mail: greg.enoslaw@gmail.com
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Click here for an archive of past issues of The Mongoose.
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My parents were teachers and their income in the 1960's and 1970's was very modest, so our family vacations with four boys involved long car trips and camping. My father taught his four sons to leave every camping spot cleaner than it was when we found it. He told us we owed it to those who came after us and he reminded us that if everyone did it, everyone would all benefit.
I plan to honor my Dad's philosophy and leave family law in the Houston area better than it was when I found it.
Now that Pratt is gone, I am going to work on far more fundamental changes, that include: 1. Real transparency in court appointments and an end to amicus appointments as political patronage. 2. Getting Harris County four more Family District Courts and two dedicated CPS courts.
3. A re-write and modernization of the local rules for family courts. I was able to get this done in Galveston County and we badly need to update the local rules for Harris County's family courts.
4. Curtailing the tendencies of our legal culture to accept and encourage enormous fees and legal tactics that delay and run up bills and do not really help the clients. Judges are allowing this and the "big shot" club of high dollar attorneys perpetuates it for their own benefit. A very interesting New York Times Magazine article on a smart Canadian guy who figured out how Wall Street was rigged against investors, even the enormous ones, entitled,"The Wolf Hunters of Wall Street" by Michael Lewis in the April 6 edition said: The deep problem with the system was a kind of moral inertia. So long as it served the narrow self-interests of everyone inside it, no one on the inside would ever seek to change it, no matter how corrupt or sinister it became..." This quote describes some aspects of our local family law system, which I hope to fundamentally change. It will require judges to stand up to those lawyers who are the biggest political donors and it will mean attorneys must be outspoken against our legal colleagues who run up big bills and take enormous "non-refundable" retainers. 5. Developing "best practices" for different types of cases and situations that smart judges and attorneys accept as being the best way to proceed and then educating and mentoring attorneys on how they should practice family law in a better way 6. Promoting proper courtroom behavior and a civil, cooperative mentality between attorneys. We can advocate for our clients and still be polite and friendly and respectful toward court staff, other attorneys, witnesses and even opposing parties. 7. Changing the basic child custody terminology in the Texas Family Code to "legal custody" (rights and duties) and "physical custody" (possession) so that regular folks can more easily understand what legal arrangements are being made for their families. Real life people never use the word "conservatorship" and there is no reason why we still confuse everyone with 1950's terminology.
8. Developing and preparing high quality judicial candidates in both parties, especially when the inevitable switch in Harris County (based on demographics) occurs and Democrats start regularly electing judges.
I know it sounds like a lot and it is. However, no one really thought an incumbent judge like Pratt could be forced out of office and we accomplished that. The battle against Pratt created a lot of friendships and a network of like-minded attorneys willing to stand up for our profession and our justice system. I hope those colleagues and most of the judges will join me as I work on these goals.
I do not expect to win every case. I just want an efficient system in which my client gets a fair hearing before a judge who works hard, knows the law, and does not play favorites. I also expect judges to appoint qualified amicus attorneys who zealously look after children (and actually visit the kids in their homes). Is that asking too much? Stay tuned.
Greg Enos
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 Cleaning Up The 311th Mess
Denise Pratt resigned and she left others to clean up the huge mess she created in the 311th District Court. The Governor will not appoint a replacement until after the May 27 runoff election. Retired Judges Doug Warne and Tom Stansbury are basically alternating weeks in the 311th as visiting judges. Pratt remains on the primary runoff ballot, but surely even the Republican electorate has enough sense to vote for Alicia Franklin. Pundits expect Franklin to win the GOP runoff and then soon thereafter to be appointed to the 311th. Franklin would then serve as judge of that court until the votes are canvassed after the November General Election. The Court Coordinator and Associate Judge of the 311th, who clearly knew what Pratt was doing, have not been terminated, presumably for the sake of continuity. The defenses of "I was just following orders" and "I did not really realize how bad it was" and "what could I have done any way?" are apparently live and well, 68 years after the Nuremberg Trials rejected those defenses for those who assisted their evil, mad leader in his wrongdoing. The 311th needs a fresh start with a completely different staff serving the new judge. Here are just a few of the problems discovered after Pratt resigned: - About 150 files were in boxes in the back hallway and those files had not been imaged.
- Many, many orders were found unsigned with post-it notes with handwritten notes from Pratt. Many of those orders have now been signed and others have been set for entry.
- Associate Judge Newey signed many of the orders reinstating cases which Pratt had dismissed at the end of 2013. It turns out that an A.J. cannot sign an order reinstating a dismissed case because that action is not listed in Family Code Sec. 201.007 under the powers of an A.J.. So, those cases reinstated by Judge Newey remain dismissed -- even those where the parties then went on to prove up their divorce and modification cases and now probably do not realize they have void orders and may still be married.
 2014 Harris County
Family Court Candidates
The following chart is a reminder of the candidates for family court benches in Harris County:
| Court |
Republican
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Democrat
| | 245th | Roy Moore | None | | 246th | Charley Prine | Sandra Peake | | 247th | Meca Walker or
John Schmude
| Clinton "Chip" Wells
| | 280th | Lynn Bradshaw-Hull | Barbara Stalder | | 308th | James Lombardino | Jim Evans | | 309th | Sherri Dean | Kathy Vossler | | 310th | Lisa Millard | None | | 311th | Alicia Franklin or Denise Pratt
| Sherri Cothrun | | 312th | David Farr | None | | May 27 Republican runoffs for 247th and 311th |
Four Family Courts Are Moving to the Civil Courthouse at the End of May 2014
Harris County family attorneys need to adjust their forms, notices of hearing, orders to appear and instructions to clients before the end of May, because four family courts are moving to the 16th floor of the Civil Courthouse over the Memorial Day weekend. By June 1, the following courts will have new locations and beautiful new courtrooms:
246th Judge York
257th Judge Warne
309th Judge Dean
312th Judge Farr
The two courts "left behind" in the Family Law Center, the 308th (Judge Lombardino) and the 311th (Judge to be determined), should move to the Civil Courthouse by the end of 2014.
Work on the 16th floor is almost done.
National Medical Support Order
Large national employers, such as DuPont, are starting to reject typed "Qualified Medical Child Support Orders" and insist on the "fill in the box" National Medical Support Order. The National Medical Support Notice (Notice) is a standardized medical child support order that State child support enforcement agencies are required to use to enforce medical child support obligations. The federal law requiring this form is the Child Support Performance and Incentive Act of 1998 (CSPIA) and the federal regulations about this form appear at 29 CFR � 2590.609-2 and 45 CFR � 303.32. Click here for an explanation of the form and to download the form in PDF. Private attorneys are not required by federal regulation or law to use this somewhat awkward form, but large national employers somehow think they are. The form consists of Part A - Notice to Withhold for Health Care Coverage for the employer to withhold any employee contributions required by the group health plan(s) in which the child(ren) is/are enrolled; and Part B - Medical Support Notice to the Plan Administrator, which must be forwarded to the Administrator of each group health plan identified by the employer to enroll the eligible child(ren), or completed by the employer, if the employer serves as the health Plan Administrator.
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"Together, attorneys can improve our family courts!"
In this issue...
Choose a Side and Live a Life!
Too many attorneys during election years are too scared or apathetic to take a side in judicial races. Most lawyers are willing to bravely support incumbent judges and suck up to them. In open races, when it is not clear who will win, the majority of lawyers prefer to safely straddle the fence and wait until there is an election. Sitting Associate Judges seem to be safe bets and lawyers often will jump on their bandwagons even as they appear in front of those same AJ's for hearings and trials. Once a candidate wins, then he or she suddenly has a lot of new friends and ardent supporters and contributors.
A few weeks ago, I attended the most moving funeral service I have ever experienced. Hundreds of friends and family gathered in Waco to say farewell to Raymond Fletcher. "Fletch" was married to my mother's cousin, but he was like an uncle to me. His son, son-in-law and a golfing buddy spoke at the service.
This is something workaholic lawyers like me should consider - at the funeral they barely mentioned his work or Mr. Fletcher's great success as a businessman. They spoke about his humor, compassion, his character and all he did outside of work. For one thing, I did not know that he had a PhD or that he lead the nation in free throw shooting in the 1959-1960 college basket- ball season or what he did to help inmates at Huntsville Prison.
One quote attributed to this extraordinary man stuck in my head and I think this motto should guide the way lawyers approach politics:
"Pick a side, pick the right side, then work hard and honorably for that side."
Click here to read the obituary of Raymond Fletcher, the sort of man and father and grandfather we should all aspire to be.
Where Should Depositions
Be Conducted?
The Texas Rules of Civil Procedure do not say a client gets deposed in his or her lawyer's office, contrary to common practice. The rules on where a deposition should take place only mention the county. Rule 199.2(b)(2) does say that the deposition, "notice must state a reasonable time and place for the oral deposition" and perhaps the deponent's lawyer's office might be more convenient because of cost or voluminous documents. Rule 199.2(b)(2) goes on to say that a deposition can be taken in: - the county of the witness's residence;
- the county where the witness is employed or regularly conducts business in person;
- the county where the lawsuit is pending if the witness is a party or corporate representative;
- the county where the witness was served, or within 150 miles of the place of service, if the witness is not a Texas residence; or
- any other convenient place directed by the court.
So, Houston lawyers need to respect the suburbs and realize that depositions may have to take place in Montgomery or Fort Bend or Galveston counties if that is where the case is pending and where the witness works and lives.
Word the Geographic Restriction Properly
"OR" Else
Attorneys should use "or" instead of "and" when describing more than one county where a child's primary residence must be.
An order that says the child must reside in, "Harris and contiguous counties" literally requires the child to reside in more than one county. The proper way to word the geographic restriction would be,"Harris County, Texas or counties contiguous to Harris County, Texas." It would be even more precise to say,"Harris County, Liberty County, Chambers County, Montgomery County, Fort Bend County, Brazoria County, Waller County or Galveston County, Texas."
Documents Admitted As Shorthand Renditions Are Really "Pedagogical Summaries" You often see documents, such as proposed requests for relief, admitted into evidence as a "shorthand rendition" or summary of a party's testimony. There is nothing in the Rules of Evidence about this commonly accepted "real world" exception to the hearsay rule.
It turns out that what really is being admitted is called a "pedagogical summary."
Click here to read an article on summaries as evidence under the Federal Rules of Evidence, which are the same as the Texas Rules of Evidence in this area.
There are Texas appellate cases on the subject, but they do not use the term "pedagogical summaries." See e.g., Champlin Oil & Refining Co. v. Chastain, 403 S.W.2d 376, 389 (Tex.1965)("charts and diagrams designed to summarize or perhaps emphasize" the testimony of witnesses are, within the discretion of the trial court, admissible into evidence); Speir v. Webster College, 616 S.W.2d 617, (Tex. 1981) (chart summarizing 66 damage issues was admissible in evidence to aid the jury in recalling the testimony); Uniroyal Goodrich Tire Co. v. Martinez, 928 S.W.2d 64, 74 (Tex. App.-San Antonio 1995), aff'd, 977 S.W.2d 328) (Tex. 1998) (trial court did not abuse its discretion in admitting time line prepared by witness to illustrate the sequence of events to which he had already testified); Mayfield v. State, 848 S.W.2d 816, 819 (Tex. App.-Corpus Christi 1993, pet. ref'd) (diagram of a school prepared by the prosecutor and authenticated by the witness was admissible in evidence); Barnes v. State, 797 S.W.2d 353, 357 (Tex. App.-Tyler 1990, no pet.) (containing dicta that if the evidence summarized by charts is admissible, admission of summary charts into evidence, and their use before the jury, is within the discretion of the trial court).
So next time you make an offer of a request for relief or inventory or proposed property division, see how the judge reacts when you say,"Your Honor, I am offering this as a pedagogical summary."
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Attorney Greg Enos has been through his own divorce and child custody battle (he won) and understands what his clients are going through. Enos graduated from the University of Texas Law School and was a very successful personal injury attorney in Texas City before he decided his true calling was to help families in divorce and child custody cases. Greg Enos is active in politics and in Clear Lake area charities. He has served as President of the Bay Area Bar Association and President of the Board of Interfaith Caring Ministries.
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Attorney Greg Enos
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