The Houston Lawyer
Media Reviews
currently have a law banning all drivwhen, where and how questions. Then ers from texting, drivers under the age he or she pops the question: “What do of 18 are prohibited from using wireyou do for a living?” You quickly reless communication devices (which spond, “I am a lawyer,” as you swiftly atwould include texting devices), except tempt to move on to the next topic. Howin cases of emergency. Tex. Transp. ever, your efforts are thwarted by his Code § 545.424(a)(2). With limited exor her intrigue with the legal profession ceptions drivers may not use a wireless and, without a doubt, you anticipate the communication devise within school next question to come. You have been zones. Tex. Tranps. Code § 545.424(b). here before, over and over again: “I have There are also various city ordinances a legal question, and maybe you can throughout Texas relating to “distracted help.” driving”—so be careful!! LOL.1 Unfortunately, most of the “casual” leParty Talk also gives guidance to lawgal questions presented range so greatly yers on how to avoid liability if he or in their variety that they often fall outshe gives legal advice at a party. Simply side of the scope of one’s legal practice stated, Texas courts understand the lawor specialty. No lawyer commands a yer’s plight in these situations and are complete knowledge of all aspects of the generally very reluctant to allow lawsuits law. Nevertheless, lawyers are expected against lawyers for any tort other than to answer these tricky legal questions on malpractice or breach of fiduciary duty. demand and with precision. However, lawsuits could still be filed and Party Talk, a recently published book the best preby the State Bar ventive meaof Texas, lays sure to them out answers to is to gracefully what are often decline to give thorny quesadvice. Sometions, including times, howevthe social meer, that is easier dia craze which said than done. has inserted itSo, the State self into almost Bar of Texas every facet of has published law and every this book full facet of social of questions to conver s at ion. ANSWERS TO EVERYDAY LEGAL QUESTIONS FOR TEXAS LAWYERS prepare you for While still covyour next party. ering the traditional topics such as noisy I recommend it. neighbors, late child support, and aggressive debt collectors, Party Talk still Farrah Martinez is the Director of Legismanages to offer a quick, easy read that lative Affairs at the Harris County District provides an intelligent way of dealing Clerk’s Office. She is also a member of with how to respond to these legal quesThe Houston Lawyer Editorial Board. tions and expectations. My favorite question is below: Endnotes Question: Is it legal to text while driv1. This answer was provided by Grant Scheiner of ing? Houston. More than fifty questions are answered in Answer: OMG, I can’t believe u would Party Talk by various lawyers throughout the State ask me that!!! While Texas does not of Texas. 46
May/June 2013
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