Post Halloween Mortem

It was a good halloween.

This year we had the most grotesque pumpkins in the neighborhood-seven of them. And, we had eight trick or treaters (including the parental units). This was double last year's numbers. Our house might be a little too scary and we are far, far away from other houses. Remember the economic theory that two hot dog stands on the beach do better next to each other than at the opposite ends of the beach?

This morning I gave up my Twitter account. I could never really get the hang of it. Sorry to those of you who actually tried to follow. I really do like Facebook the best of all the social media outlets.

A surprise for me-I really enjoy drafting testamentary pet trusts and I've got the dog hairs all over my black pants to prove it too!

Saturday Potpourri

Ok, I'm smitten by this wedding video.

What's not to love, especially the gerberas and sunglasses. I'm even now a Chris Brown fan, in spite of his domestic violence charge. Obviously and coincidentally, he posted a video apology on his website just after the couple posted their video. I'm hoping for a "remix" video with the JK wedding entrance dance and Chris Brown.

Next, my "little" brother-in-law became a financial pundit this week in the Petrey family ancestral burg's paper the Daily Midway Driller. Read his column here. Dan had previously been a broker with one of the big brokerages but broke off to start his own firm with a friend, Mestmaker and Petrey Wealth Advisors. Dan also got some nice press in Bakersfield with a business section article about their "leap of faith."

I was reflecting on last night's picnic and have concluded that in our media and entertainment age, the social grace of relaxing communally in the park with friends, neighbors and family is becoming a lost art. It is about just sitting in that folding chair, watching the kids play, talking to the old folks and meeting a good friend's second cousin twice removed. I resolve to picnic in the park more.

I've been reading the book The Four Hour Workweek, not because I want to work four hours a week (that's patently absurd for any solo attorney with overhead i.e office and staff), but because I want to have four more really effective hours a week. It has helped me to rethink a few things and to focus a little more. And, it's a fun book to read.

There's rarely a dull moment in a small town law practice and my current "diversion of the waters" case is beginning to heat up. I'm learning everything I always wanted to know about hydrology and then some.

Can a law office be a place of healing?

Today in church Cathy Gibb talked about her experience this year in running the costuming department for Valley Musical Theater's production of The King and I, and that she had discovered that it was a place of refuge for cast and crew. She related how she grew and came to know that it was important for her to respond to others in such a way that the costume room became a place of healing. I found myself wondering whether a law office could be a place of healing?

Certainly, there are times when I know that people have left the office feeling more whole than when they came in. Knowledge is power and even when it's not, just having answers can be very calming. But there are other times when it's clear that the unique style of verbal violence that lawyers wreak on the world is just that, violence. And, there is nothing healing about that to our clients. One of our local judges, Judge Sparks, has often spoke of the primary role of lawyers as conflict managers.

Some of my fellow lawyers would argue that there is no role for "healing" in law, and that even if a law office could be a place of healing it shouldn't. What do you think?

Fried squirrel and other pastoral treats of the past

I'm not exactly what this says about me, but I have eaten fried squirrel. In fact, watching my uncles skin the squirrels on the kitchen floor and my grandmother getting the hot fat ready to fry them is one of my earliest memories. Pickled pigs feet were also known to be consumed as a special treat. Later, I also had authentic chiltlins, tongue and other unmentionables at the homes of others.

I still love Grandma's oyster giblet recipe for holiday turkey stuffing. Here is a link to the squirrel eating Hank Shaw's blog of Orangevale, California. www.honest-food.net
I, too, briefly resided in Orangevale and so did Grandma. Oh, those were the days.

Hank is the new darling of the foodie media.

Now back to honest law.

Shared Well Agreements

In general, the following will apply to determining what rules apply to shared wells in Washington State:

The Department of Ecology is involved in this process at a State level but counties and municipalities carry out the bulk of the work and the reporting. County and City rules on shared wells are not uniform throughout the State of Washington. No prohibiition exists in Washington State against selling a property without adequate water access or rights, but building permits generally are not issued without the water availability being resolved.

Even if a particular jurisdiction does not require a shared well agreement, often lenders require it. Similarly, deeds should reflect any easements created by the 100 foot radius requirement. So, some cities or counties have required both a declaration covenant and a restrictive covenant in addition to the shared well agreement. These legal documents, if required, would be in addition to any testing, forms and diagrams required by the jurisdiction. There would also be recording fees as well as possible implications for the entanglement with other land use regulations.

Good shared well agreements, like good fences, make for good neighbors. Important safeguards include provisions for apportioning the liability for vandalism, damage by guests or tenants, limitations or provisions for consent by all parties to accessory or additional dwelling units, emergency repairs and or shut off, and provisions for abandonment, termination and dispute resolution.

It's a Mad, Mad World

Lately, I've grown to love a couple of sixties road comedies. Ray and Irwin rock. Sylvester where are you? It's probably impossible to ever assemble the type of ensemble cast that appeared in It's a Mad, Mad World ever again. See also The Russians are Coming, The Russians are Coming.

Sure You Can, But It's Gonna' Hurt

Here's a pearl from one of our family's esteemed medical providers: "He can rub the spot where he had surgery, but it will hurt and become self limiting." In other words, you can tell someone not to do something that has painful consequences, but if they are not willing to listen to you and insist on doing it anyway, they will eventually get the message through physical, mental, emotional, financial or spiritual pain.