Tuesday, April 26, 2016

#HarrietTubman detractors don't know their history

No she wasn't a founding father or a president. Alexander Hamilton wasn't a president but the first treasury secretary and the man who came up with the treasury. Ben Franklin was the skilled diplomat who negotiated crucial French involvement in the Revolution.

Harriet Tubman helped free slaves on the Underground Railroad and was arguably more significant than both Franklin and Hamilton. So don't tell me she shouldn't take Jackson's place on the front of the 20.

Monday, April 25, 2016

#TomBrady suspension reinstated by federal court #deflategate

Tom Brady will be suspended for four games to start the 2016-2017 season. It isn't surprising because it is unclear how the other federal court ever had jurisdiction over an NFL matter. The due process argument is a bit spurious because you weren't dealing with a deprivation of a liberty interest. Some may argue not playing is being deprived of liberty, BUT playing is a privilege. Now this distinction has been abolished, but Brady is still arguing not being able to play is a deprivation of liberty. At least missing four games makes this argument carry less weight. He will play again, just not for a few games. Players don't get to go to federal court if they are ejected from a game so why should Brady receive special treatment?

Wednesday, April 20, 2016

Meanwhile in North Carolina #Confessionsofavampirehunter

Drinking alcohol never helps anyone, yet I see lots of drunk people all the time. I love the drunk Facebook rants from stupid people.

I often ask for Darwin to take over.

Sometimes I play Darwin.

William Magnum, vampire hunter 

Tuesday, April 19, 2016

#711 Never Forget



#SocialSecurityDisability: alcoholism makes obtaining disability difficult

It shouldn't, but it does. It used to be alcoholism was a basis for SSDI or SSI. Not now and quite the contrary. If it is ongoing, it can often spell doom for a disability case.

In my experience, most people drink to ease pain be it physical or psychological. Often it is both. The key is to show the alcoholism is a symptom of an underlying issue not a material factor in disability.

Monday, April 18, 2016

#Mondaymotivation (try and make it not suck) #lawyerslife

Some days the practice of law is a gut punch. It maybe doesn't hurt as much as a literal gut punch, but it is filled with its ups and downs and mild frustrations. This is the nature of being a lawyer. You deal with human conflict regardless of your practice area. Someone has a need (often a conflict of some sort), and you are charged with making it better. Sometimes you can and sometimes you can't. There's only so much you can do, but people don't always get that. You have to reconcile yourself to knowing you can't please some people no matter what, and that's their problem.

Friday, April 15, 2016

#micropoetry "Waiting for Court" #lawyerslife

I waited for court in a florescent light soaked room with the stench of BO in the air. The odor of heartache thick in the dank, recycled air lingered like the memory of happier days. Desperate people leafed through aged magazines glimpsing people and places they will never see.

The man to my left wore scuffed black boots with a chain under the sole touching the back heel.

An immobile woman with a decaying back sat across the room from me.

Other than their collective suffering, the only thing these people have in common is they all ask, "Where's the water fountain?"

But their needs will never be quenched even if their thirst is.

Thursday, April 14, 2016

#SocialSecurityDisability and the value of experience #lawyerslife

It is important to be experienced in the courtroom, and I have handled hundreds of Social Security disability hearings. The key is to allow the client to tell his or her story so that the truth of their disability comes through. Experience has taught me what to say and when to say it.

When the judge questions the claimant, I write down the areas the judge has covered and areas I need to follow up on so that I emphasize the points I want. And I do so without being redundant and wasting the judge's time.

Monday, April 11, 2016

#LegalSeminars (#SocialSecurity disability, #PI, #WorkersComp, #Wills&estates and #ElderLaw) on Tuesday, April 12th at 2, 3 and 4 at #ReynoldaManorLibrary in #WinstonSalem

Free and open to the public. Presented by Mike Wells and Michael Wells, attorneys at Wells Law located at 380 Knollwood Street, Suite 640, Winston-Salem, NC, 27103. Phone number is (336) 283-8700.

We will be fielding questions on the aforementioned topics.  See our website www.wellslaw.us for more information.

Friday, April 8, 2016



#BruceSpringsteen cancels due to #HB2












I enjoyed #thepeoplevervsojsimpson

It was well acted, and it is a riveting story. Because I wasn't a lawyer at the time I didn't appreciate what a spectacle it was. The defense was brilliant, and the prosecution bumbling. The main problems with the prosecution's case were: 1) they had OJ try on the gloves, which didn't fit; 2) Mark Fuhrman was a racist and wasn't even really necessary as a witness; 3) Barry Scheck eviscerated the DNA "expert"; 4) the LAPD had (has) a racist history; and 5) Rodney King's case.

Maybe a 5th point is the jury. How the hell did Marcia Clark and Chris Darden not have a more balanced jury? You can't strike a juror or challenge for race, but they could have found other grounds. This case was largely lost during jury selection.

Lots more went into it that this, but these are the main issues.

Sunday, April 3, 2016

#WilliamShakespeare only left his wife his "second best bed" in his will

This is according to his will referenced in a biography of William Shakespeare I'm currently reading. That's pretty harsh, and it was likely to get around the sometimes enforced requirement of giving your wife at least 1/3 of your estate. If he had said nothing, it would be assumed he wanted his wife to take the statutory 1/3 share. It is sad that a man who penned the greatest works in the English language apparently had such a terrible marriage even though it lasted 36 years when Shakespeare died an untimely death. This kind of thing wouldn't be allowed in North Carolina unless there was a prenuptial agreement waiving the right to take under a will or there was a divorce prior to testator's death.

Friday, April 1, 2016

North Carolina had a good week this week #HB2 #AprilFools

This is an obvious joke. North Carolina is not doing well and on the verge of losing some Fortune 500 companies. The legislature's recent passage of House Bill 2--the so called "bathroom act"--has hurt North Carolina and made it the subject of ridicule and boycotts.