Files and the Lawyer

October 10, 2021

Files and the Lawyer

files

Mark Rubin

Hey there! Yes, you. Lawyer? Client? (Both?) Doesn’t matter, for if you fall into either category, my words about files and storage matter.

When I started practicing law, 40 years ago this Friday, we had carbon paper, with Olivetti 351s on the near horizon. (A screen about three-eighths of an inch high and maybe three inches long, affording a typist a brief opportunity to correct a typo before the print hit the page.) And, everything that mattered got saved in a manila folder.

The firm with which I practiced from 1983 until 1999 had off-site storage, along with an interior room – Purgatory, to me – where we kept finished matters until the room

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News from the Work Front

October 8, 2021

News from the Work Front

2021

Lawyers and the Canine Corps

I work from home, mostly. I went home on March 15, 2020 and when someone asked me why, I said, “Because my government recommended it.” I was 62 and I have residual lung issues. So, why now, fully vaccinated and only around vaccinated people? Working from home lets me think I am semi-retired. From attire to the nature and length of breaks, my days feel different in kind from the days – Days? Decades. – when I dressed up every morning, went to an office, stayed there until late afternoon, etc.*

So, the news? Rubin & Bernstein PLLC and our sister entity, Southern Arizona Fiduciary Services LLC move into new

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Welcome, Anarchists. Can We Get You a Menu?

September 3, 2021

Welcome, Anarchists. Can We Get You a Menu?

anarchists

Mark Rubin

A Texas Thing

The law at issue comes from Texas, of course. That self-important, self-reverent, self-righteous pustule on the bottom of the lower 48. The place where an Executive Order prevents any political jurisdiction from mandating that people wear masks because: freedom, but where anyone can sue anyone, repeatedly, if they think they were involved with the act of obtaining a constitutionally lawful abortion in Texas.

The Texas Heartbeat Act

The Texas Heartbeat Act bans abortions after a heartbeat can or should be detected; roughly six weeks after conception. Roe and Casey violative, at its core the law represents a very aggressive attempt to undermine the constitutionally protected right to

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Amazing Amazement: The Afghanistan Thing

August 15, 2021

Amazing Amazement: The Afghanistan Thing

afghanistan

Joseph R. Biden Jr.

A little while ago, the news reported on President Ashraf Ghani’s departure from Afghanistan. A presidential departure from a country at war represents, if ever there was one, a marker for It’s Over.

Lots of noise about the speed with which the Taliban captured the country. And amazement. Well, call me not surprised. Even a little.

The United States has propped up the Afghani government for 20 years. Reportedly, we have spent $83B on equipment and training associated with the Afghan army. Frankly, I suspect no one has anything close to a precise accounting of the amount our nation spent on the war itself. (The BBC gets up to just shy

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Personal News

May 19, 2021

Personal News

Personal News

Mark Rubin

The Preamble

For the past 14 months my FitBit reports roughly 25,000 steps per day. Roughly 80 miles a week. Up and down the long hallway in my house. Day by day, week by week, etc. Almost unfailingly.

Then, about a month ago, the walking got harder. I explained it with more work. Butt in seat in front of computer = no steps. Work stress. Life stress. Hotter days. Anything and everything explained the decline.

Ten days ago everything got slow. Really slow! My metabolism shut down and I gained six pounds in about three days. Stopped sleeping the 7+ hours to which I had become accustomed. The fuse got short, too, and some good people

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B-Bye Donald J. Trump

February 13, 2021

B-Bye Donald J. Trump

B-Bye Donald J. Trump

Donald J. Trump

The Trump Presidency finally ended, for real, on the afternoon of February 13, 2021. Yes, he was out of office for about 580 hours when the Senate voted 43-57 to acquit. But his presidency truly ended with the vote, for the impeachment trial was the last remaining bit of business for the sorry excuse that was The Trump Presidency.

I know many people believe the impeachment trial was unconstitutional. Not so many constitutional lawyers, as it happens. I wrestled with the whole thing, as a Senate conviction and vote to bar him from holding office would have given him more attention. The sell for me, on the whole thing, came less than 24

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Pardons, Free Speech, and Mark Harrison

January 15, 2021

Pardons, Free Speech, and Mark Harrison

Pardons, Free Speech, and Mark Harrison

Mark Rubin

Well, wow! Just, WOW! I posted most recently on January 3, and I have not posted about the January 6 events because I try hard to pass unless I can share something new or different. (Better writers with bigger platforms covered the coup attempt very well; no one needed to hear from me, at least not in the 600-750 word format.) Modesty – reality, more accurately – aside, I have thoughts on self-pardoning, the First Amendment, and a dear, departed mentor and friend.

Pardons

Article II, Section 2 of the U.S. Constitution grants to presidents the power to “grant Reprieves and Pardons for Offences against the United States, except in Cases of

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An Impoverished Party and Presidency

January 3, 2021

An Impoverished Party and Presidency

impoverished

President Donald J. Trump

im•pov•ish•ed Exhausted of richness and fertility. Poor. Lacking. Sadly, I think impoverished best describes the state of the Republican Party and its leader, soon-to-be former President Donald J. Trump.

The Election

I write as the media reports on 12 senators who plan to challenge the certified electoral college results from the 50 states and the District of Columbia. As a congressman, Louie Goehmert (R – Tex.), and a group of self-appointed Arizona electors lost their lawsuit, which had as its purpose vesting in Vice President Michael Pence the power to choose the next president of the United States, by no evident measurable standard. As roughly two out of three self-identified Republicans

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2021 Update: Rubin & Bernstein PLLC and Mark Rubin

January 3, 2021

2021 Update: Rubin & Bernstein PLLC and Mark Rubin

2021

Lawyers and the Canine Corps

Hey there. On March 16, 2020, I attended an in-person settlement conference at the Pima County Superior Court. Lots of sanitizer cleaned surfaces. No masks. The case settled but, even then, none of us should have been in the courthouse.

Since March 17 I have been at home. Not completely – I have been in the courthouse maybe 10X since March 16, and I did try a case on Election Day, and I drop by the office briefly every several days – but the work life unfolds differently. Lots of phone calls and emailing, Zoom meetings, and many, many work-arounds to avoid personal contact.

Max 122120

Max

(Confession:

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The Big Case Fallacy

December 13, 2020

The Big Case Fallacy

big case fallacy

President Donald Trump

Donald J. Trump offered these words after the U.S. Supreme Court issued its three-sentence long Order in Pending Case on December 11, 2020:

This is a great and disgraceful miscarriage of justice. The people of the United States were cheated, and our Country disgraced. Never even given our day in Court!

“Never even given our day in Court!” Wow! Mr. Trump and those who share his perspective on the election have been heard in state and federal trial and appellate courts more than 50 times. I believe he obtained an order, granting observers from both parties the right to stand closer to the counting. Otherwise, I think he and his have lost in

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