Category Archives: Lawyering

MY BIG FAT TEXAS HEARING

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This week I traveled to Midland with my boss for a hearing involving a lot of parties, a lot of lawyers, and a lot of money.

Feel the Energy

Midland, population approximately 170,000, is Texas’s 24th most populous city.  It’s located in the Permian Basin in the West Texas plains.  The view from the plane as we neared Midland left no doubt that this is oil and gas country:

The city rises up out of the flat landscape:

Once there, before getting down to the business of preparing for the next day’s hearing, we got a recommendation for lunch and headed to Abuelo’s (there are numerous locations around Texas).

The interior was cheery, with its sunny courtyard:Chips and queso, followed by fajitas, rice, and beans (all very good) provided ample fuel (feel the energy!) for an afternoon of plowing through the reams of paper filed by the parties in preparation for the hearing the next morning:

Our client arranged for us to stay in furnished corporate apartments (we each had our own — whew!), which were very comfortable and provided a perfect workspace:

There were a few surprises waiting for us:

My client must think I am more fun than I actually am

And a well-stocked fridge:

So thoughtful, and much appreciated 

There was a pumpjack right outside the complex — the first time I’d ever been that close to one:

We worked all afternoon and into the early evening preparing for the hearing.  After researching and writing about the key legal issue for almost a year, it was exciting/nerve-wracking to think about actually having the judge decide it.

We headed out bright and early the next morning for the hearing.

The hearing was held in Stanton, the county seat of Martin County.

Fortunately, the judge is not one of the “old sore heads.”

The Martin County Courthouse is not a grand old Texas courthouse, although there were two previous courthouses that would have qualified.  The present courthouse was built in 1975, and is a modern, concrete building, with colonnades:

On the front lawn is a pergola made from elements of the 1908 courthouse, the first of the three courthouses:

The Old Martin County Jail is next to the courthouse:

Outside the courthouse was a water tower, where buzzards had gathered — not sure if it was a gesture of solidarity with the many lawyers inside, or if they sensed something was about to go down.

The modest interior of the courthouse had a midcentury vibe (at least that’s what they call it at the estate sales I go to):

The circular courtroom reminded me a lot of the Nueces County Courthouse courtroom we had a trial in, with its vaguely “Close Encounters” ceiling:That’s my boss, sitting there by himself, waiting for the hearing to start.  On the one side of this lawsuit is my client, represented by my firm, and on the other side is approximately 140 defendants represented by a platoon of law firms.  We were seriously outnumbered — I joked that I was afraid the courtroom might tip over with all those lawyers on the other side.  In fact, at the start of the hearing, as the defendants’ side filled up, this is what our side looked like:

Eventually, though, our side filled up with representatives from our client’s company, interested parties, and onlookers. Honestly, it felt a lot like a wedding as everyone drifted in and milled about before the hearing — all dressed up, making polite chit chat, taking their seat on the bride’s side or the groom’s side.  Except there were no passed hors d’oeuvres,  no buffet, no dancing.  Well, maybe a little dancing, as the lawyers for each side kinda dipped and swayed as they passionately argued.

My boss did great, as usual, and I was glad he was the one arguing against all those lawyers on the other side instead of me.  The judge was attentive, but didn’t show his hand — I think if you asked any of the lawyers on either side they’d say it went well.  He promised he’d read everything and rule soon.  Until then, the proverbial jury is still out . . . .

UPDATE:  The judge ruled in our favor.  🙂

Everyone at the courthouse was nice.  The court clerk came by and introduced herself, telling us to let her know if we need anything.  The judge took off his robe (I was going to say disrobed, but it sounded inappropriate) and came down from the bench to mingle with the attorneys after the hearing.  And this really warmed my heart — I went to take a drink from the water fountain during a break (what was I thinking — everyone knows you can get Covid from drinking fountains, right?), and the stream of water arced up about two feet and landed on the floor about two feet away from the fountain.  Oops, clean up on aisle two.  I stood there pouting, and a woman next to me, one of the onlookers — I don’t know who she was or which side she was aligned with — said it was probably for the best, because really, we shouldn’t be drinking from public fountains.  I told her what I really wanted was a soda from the vending machine, but it only took coins, and the smallest thing I had was a $20 bill (first world problem, I know).  A few minutes later she tapped me on the shoulder and handed me 3 quarters.  I was stunned/touched by her thoughtfulness — and so happy to have a Diet Dr. Pepper.  If by chance you read this, thank you kind stranger.  🙂

ARGUING IN AMARILLO, AGAIN

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Last year I wrote about traveling to Austin for oral argument in the Texas Supreme Court, in a case that came out of the Seventh Court of Appeals in Amarillo. Well, the Texas Supreme Court didn’t do us or anyone else any favors, and remanded it back to the Amarillo appellate court for further proceedings consistent with its long-winded and confusing opinion.

This week my partner (law partner, not life partner) John and I traveled to Amarillo for what we’re hoping is second verse same as the first (we won the first time in Amarillo — all was good until the Texas Supreme Court felt the need to change the law).

Amarillo, which, as anyone who ever took seventh-grade Spanish knows, means yellow, is located in Potter County.  Originally called Oneida, it was renamed Amarillo after the yellow soil along the creek banks and/or the yellow wildflowers that bloom in the spring and summer.  With a population of roughly 270,000, Amarillo is the 14th most populous city in Texas.  It lies at the midway point on historic Route 66, and is the cultural and business center of the Texas Panhandle.

We stayed at the Embassy Suites in Amarillo, conveniently located across from the courthouse.  The hotel is only a few years old, and is very nice and comfortable, with a pretty lobby, including an awesome plant wall:

 

By the way, that bar was rocking the night we arrived.  The hotel is located within walking distance of Hodgetown, Home of the Sod Poodles (a made-up name for prairie dogs, which we saw all over the place), an Arizona Diamond Backs Double-A affiliated baseball team.  A “Red Dirt Rivalry” baseball game between Texas Tech University and the University of Oklahoma took place that evening, and the bar was packed with post-game revelers.

The suites are spacious and comfortable:

But something was definitely missing:

We had dinner with one of our clients at OHMS Cafe & Bar, a favorite of his:

This was a lovely restaurant, and the food and service were excellent.  We enjoyed an addictive appetizer of Crispy Sweet Chile Broccoli, described as tempura broccoli with a sweet chile garlic sauce — step aside Brussels sprouts:For entrees, we had Seared Organic Elk Tenderloin with local mushroom ragout and herb risotto:

Beef Filet au Poivre with black pepper brandy cream and roasted garlic mashed potatoes:

And Surf and Turf with beef tenderloin and shrimp skewers, poblano romesco, and roasted garlic mashed potatoes:

If you guessed that we left room for dessert, you would be wrong.

Oral argument was at 9:00 a.m. the next morning, and we appreciated the hotel’s complimentary breakfast that gave us time for last-minute preparation over coffee and omelets:

Your omelet is ready

The court of appeals is located in the Potter County Courts Building, a modern-style concrete and steel building built in the mid-1980s:

The courthouse won’t be around much longer, though — in March, Potter County broke ground on a new Potter County District Court building, which should take about two years to complete, after which the county will tear the current building down and, as the song goes, put up a parking lot.

I was able to sit at counsel table for the argument (there’s not always room for me), next to a very nice young sheriff:

Don’t you just love a man in uniform?

This is the view from the podium — pretty intimidating, if you ask me:

The justices were engaged during argument, which was predictably unpredictable, and asked a lot of questions.  My partner did a great job arguing and fielding questions.  Now we wait and hope for the best.

We had time for lunch before our flight back to Houston, and our clients granted my wish to go to The Big Texan:

The Big Texan was established in 1960 on Route 66:

The restaurant is huge, and everywhere you look you’ll find kitschy fun:

Quick — what movie was this featured in?

The Big Texan is famous for its 72-ounce steak challenge, which includes eating not just a 72-ounce steak, but also a salad, baked potato, and shrimp cocktail (I think it’s about a thousand points on WW, if you’re keeping track).  Anyone with a sufficient lack of self-respect that desires to attempt the challenge gets to sit on a stage in the middle of the dining room, where the action is live streamed, and you have one hour to complete the meal.  The record holder is competitive eater Molly Schuyler, who in 2014 finished the meal in 4 minutes, 58 seconds, and then ate a second meal, eating both in 14 minutes 57 seconds.  (Wonder if she also holds the record for most Tums consumed in under an hour?)

No takers on this day

We shared an appetizer of Fried Mushrooms with Ranch Dressing:

And Mountain Oysters, which as the menu advises, “If you think it’s seafood, go with the shrimp” (I’m sticking with the shrimp):

Not gonna go there

Several of us opted for the tidy little side salad:

And big ol’ burgers:

If you guessed that we left room for dessert, you would be wrong.

Although today Amarillo is a modern city, it’s surrounded by working ranches and still has an Old West feel.  It’s a panhandle cowtown, where cattle ranching is still a significant source of income.  In fact, one of our clients is a two-time reined cow horse world champion — check out these photos of him in action:

Color me impressed!

After lunch it was back to the airport to head home.  I wish we’d had more time in Amarillo — so much we didn’t get to see, including the Cadillac Ranch, the Palo Duro Canyon, a bunch of museums, the Second Amendment Cowboy, Historic Route 66, and the Helium Time Column Monument.  I hope to be back again one of these days when I have more time to spend, just hopefully not on this case (really hoping third oral argument is the charm). UPDATE:  Third time was not the charm.