Finger Laryngitis aka Writer’s Block

December 16, 2016

Finger laryngitis aka writer’s block

My mom died almost eight weeks ago. Then my friend Mr. R’s wife passed. Then, with the sudden and completely unexpected death of Steven Phillips, my little bubble broke. Badly.

I need to digress and talk about Steven. First, he was only 70. Three score and ten might work in a Biblical portion, but it’s way short today. Yes, many of us recall the “don’t trust anyone over 30” formulation, but life marches on and 70 is the new 30. (Jack Weinberg gets credit for the phrase, and he’s 76.) Seventy is way too soon, especially when you are Steven Phillips.

Steven’s obituary captures his life far better than I ever could.

Continue reading...

2016 Election Thoughts – Part I (HRC)

November 12, 2016

2016 Election Thoughts – Part I (HRC). Today, we focus on the losing side of the election.

Bernie Sanders

I want to solve for Bernie Sanders straightaway. First, anyone who identifies with a party which uses any variant of Social in its name will never be President of the United States. Had Senator Sanders defeated Hillary Clinton, watching him explain the difference between a Socialist and a Social Democrat would have been lots of fun. In the end, though, his explanations never would have worked.

Second, Senator Sanders was not qualified to be POTUS. Like Donald Trump, he knows how to use a flamethrower. He’s also far smarter and more knowledgeable than our soon-to-be president. And orders of magnitude

Continue reading...

Trump and the Bankruptcies

January 26, 2016

There’s been some talk—not enough, in my humble opinion—about the Trump bankruptcies. Here are some basic facts.

First, bankruptcy laws are federal, and they’re found in Title 11 of the United States Code. The title includes nine chapters: 1, 3, 5, 7, 9, 11, 12, 13, and 15. One through five apply to all bankruptcy filings.

Chapter 7 is a traditional or straight bankruptcy. The debtor gives up non-exempt property, if there is any, in return for which debts go away. It’s for poor people and corporations with no future prospects.

Chapter 9 is for municipalities. They’re uncommon, albeit less uncommon than they used to be, and my good friend and former partner Lowell Rothschild handled one of the

Continue reading...

2015 Elections

October 15, 2015

Believe it or not, what with all of the noise—and so much of it is just that, noise—about the 2016 elections, we have a substantial number of elections in the Tucson metro area on November 3, 2015. I don’t often comment on local matters, but I’m making an exception tonight/today.

Before I proceed, I need to bring up name-dropping. You’ll see references to several people in my comments, along with disclosures about my relationships. I’m not bragging on who I know, truly. Because I’m a lawyer ethics jock, I don’t have it in me not to disclose any and all information someone ought to know.

The Tucson City Council has three seats on the ballot, and Mayor Jonathan Rothschild is

Continue reading...

Big News!

August 30, 2015

News! Big news, at least for me, and it relates to my work life. The news comes in three parts:

  1. Since August 1, 2015, I have been General Counsel for Pima Medical Institute;
  2. As of August 31, 2015—tomorrow—I will no longer be practicing law at Mesch, Clark & Rothschild, P.C.; and
  3. On September 1, 2015, I will be practicing law at the Law Office of Mark Rubin.

Before I go forward, thanks are in order. I was happy and successful in late 2009. Nervous about being a solo practitioner, after my building flooded and I was sick for a week, leaving me about three weeks behind on my work; still, happy! Along came MCR, with a terrific

Continue reading...

Happy Birthday, Boss!

August 2, 2015

Lowell Rothschild is 88 today. (He’s claimed 88 as his age since very soon after August 2, 2014, so I expect he’ll be 89 before lunch on Monday.)

Lowell shares his 8/2/1927 birthday with no one more famous than he is, but James Baldwin and Carroll O’Connor left the “terrible twos” behind the day he was born, while Shimon Peres turned four on the same day. On his birth date the Internet tells me only one thing worthy of note, other then Lowell’s birth, happened: President Calvin Coolidge issued a written statement. It read: “I do not choose to run for President in 1928.”

I have practiced law with and against Lowell for 30 years. In my first

Continue reading...

Tucson – Struggles

May 30, 2015

Tucson as a city and a metro area struggles mightily. According to a study based on the U.S. Census Bureau’s Five-Year American Community Survey, Tucson was the nation’s fifth poorest community through 2013. Hard to believe, what with resorts, beautiful homes in the foothills, a world-class research university, etc., but slightly more than third of our population makes less than $25,000 per year. Only one of every 25 working residents makes more than $150,000. Median income in 2013 was $36,758, ranking Tucson 169th.

The poverty correlates with other measures. Property crime is a huge problem. Our food hardship rate ranking was 30th in 2012. According to a 2012 Brookings study about college-educated residents in metro areas, Tucson ranked

Continue reading...

Title Insurance

May 26, 2015

Most real estate transactions involve title insurance. Every transaction should! Despite the expense, and the fact that title insurance companies may be very, very profitable, potential losses associated with title defects, for owners and lenders, make title insurance essential.

Title insurance policies issue, generally, on American Land Title Association (ALTA) forms. Policies are issued to owners and lenders. There are standard and extended coverage policies for owners and lenders, as well as an HO—homeowners—policy and a policy for leasehold interests.

A standard owners or lenders policy insures against matters of record, i.e., interests which exist because of a document recorded in the County Recorder’s office. These include claims that someone else owns your property, that another lender’s deed of

Continue reading...

Graduation 2015

May 16, 2015

Graduation!* It’s truly a special time, when all around us are young (mostly) people who are ready to make their way in the world. 2015 is an extra special year for me, as Cate Rubin—smart, talented, energetic, vivacious, and beautiful Cate—graduates. Cate’s proud parents are Ms. J and yours truly. Her grandparents are Glenda Blackburn and the late Howard Wilson, and the late Uncle John Higgs, Rochelle Rubin and the late Herb Rubin, and Uncle Irwin Sattinger. Go Cate! (Special thanks to Aunt Pam and Uncle Craig, my sister and brother-in-law, for acting as “’rents” in Cate’s college ‘hood!) Here’s the soon-to-be grad with her parents:

20150515_193148

As I write about graduation and Cate Rubin I get verklempt, which

Continue reading...

Happy Anniversary, Lorinda Wheeler

March 25, 2015

In about 3-1/2 hours Lorinda Wheeler and I will reach a milestone. We started working together on March 26, 1990, 9131 days ago. (An HP12c is great for counting days; for those who slice and dice a bit less, and don’t need a fancy calculator to count, think 25 years!)

Here’s the history, in a quick nutshell. I had a secretary in my first law firm, for about 16 months. I joined another firm, where I stayed for 16+ years. I shared a secretary briefly, then I shared another for a year or so. Given a choice, she stuck by me when we hired another—back in the day attorney-secretary ratios were usually 1:1; now they’re 3:1 or greater—and we lasted

Continue reading...