Weekly Docket

Join Phil Silberman and Chris Heald for Episode 133 of the ‘Weekly Docket’ as they break down essential Texas real estate, estate planning, and tax laws. They explore the key differences between a Living Will—also known as a Physician’s Directive—and a Medical Power of Attorney, and whether you actually need both to protect your healthcare decisions. Next, the guys answer critical real estate and proba...

This week on the Weekly Docket, join Phil and Chris as they break down essential procedural rules for navigating civil litigation in Texas courts. They explore the strategic mechanics of voluntary case dismissals, detailing the critical differences between a nonsuit with prejudice versus a nonsuit without prejudice, while cautioning plaintiffs to verify that pending counterclaims won't derail their dismissal strategy. They also dem...

This week on the Weekly Docket, join Phil and Chris as they trouble-shoot common procedural and technical roadblocks facing Texas legal practitioners. They kick off the show by addressing a frustrating reality when searching court records for Justice of the Peace courts. Next, they debate the best way to handle Outlook email files in discovery. They also handle a high-stakes probate strategy question, analyzing whether a family can...

This week on the Weekly Docket, join Phil and Chris as they analyze a massive transformation in Texas civil litigation, turning Texas courts into a true "rocket docket". They also share some wild courtroom drama involving a child support enforcement hearing and an opposing counsel throwing exhibits. Next, they pivot to corporate transaction strategy, answering a critical business question about using free online non-disclosure agre...

This week on the Weekly Docket, join Phil and Chris as they kick off the 4th of July weekend by addressing the continuing saga of the nationwide court reporter backlash. They shift gears into landlord-tenant law, breaking down how some tenants are actively abusing emotional support animal (ESA) laws to completely bypass pet deposits. Next, they tackle a common trap for Realtors: the danger of negotiating terms over email streams wi...

This week on the Weekly Docket, join Phil and Patrick as they address the massive social media backlash following a controversial post about saving clients money on deposition costs. The duo dives into the logistics and actual expenses behind deposition notices, appearance fees, and transcript orders. They break down the mechanics of the errata sheet review period and dissect the specific Texas Rules of Civil Procedure that allow l...

This week on the Weekly Docket, join Phil and Chris as they tackle the procedural headache of unsigned service citations and unserved court statuses. They analyze the high-stakes dilemma defendants face when handed blank paperwork, outlining how to determine true answer deadlines and what defensive steps to take while the court records lag behind. They also break down the strict requirements of Texas Estates Code § 1054.201, detail...

Join Phil Silberman and Chris Heald in Episode 126 of the ‘Weekly Docket’ as they break down the high-profile Frisco track meet stabbing trial and analyze how Texas law defines self-defense, deadly force, and the provocation exception. Dive into the complex real estate traps of putting minor children on property deeds, and explore how Texas Estates Code Chapter 1351 offers a streamlined path around formal guardianships ...

This week on the Weekly Docket, join Phil and Chris as they analyze a staggering $25.6 million wire fraud scheme targeting the firm Arup. They unpack how a finance employee was deceived during a live video conference call where every single executive on screen was an AI-generated deepfake clone, and outline why a zero-trust analog solution is now an operational necessity for business security. They also provide a critical warning f...

This week on the Weekly Docket, join Phil and Chris as they navigate the mechanics of recovering secured assets when a borrower defaults on a commercial loan. They break down the essential trifecta of a Note, Security Agreement, and UCC-1 filing , explaining how lenders can utilize Texas Business and Commerce Code § 9.609 for self-help repossession without a breach of the peace, or file for judicial foreclosure. They also dive into...

This week on the Weekly Docket, join Phil and Chris as they break down the real-world chaos caused by the rise of out-of-control pro se AI legal filings. They analyze a nightmare real estate scenario where a former husband and wife used a DIY divorce decree that completely failed to address the division of their marital home.  Finally, Chris and Phil examine strict county procedural mandates, diving into local rules requiring ...

This week on the Weekly Docket, join Phil and Chris as they tackle a complex probate dispute involving contested heirship and sealed adoption records. They discuss the legal hurdles of proving an adoption when a step-mother alleges a daughter is not a legal heir, and whether a court can be persuaded to unseal confidential adoption paperwork to resolve a father’s estate. They also dive into a landlord-tenant dispute regarding ...

This week on the Weekly Docket, join Phil and Chris as they explore the rising trend of using AI for pro se representation in Texas courts. They clarify the legal boundaries of DIY lawyering, explaining why individuals can use AI to represent themselves but are strictly prohibited from using it to represent business entities like LLCs or corporations without risking struck pleadings and defaults. They also reveal a probate fact tha...

This week on the Weekly Docket, join Phil and Chris as they address a common frustration for real estate investors: what to do when a title company refuses to close your deal. They explain the crucial distinction between title agents and the approximately 30 major underwriters, such as First American and Fidelity, and why simply moving your file to a new office might not solve a fundamental title policy issue. They also dive into t...

This week on the Weekly Docket, join Phil and Chris as they demystify the transition from pre-litigation to the courtroom. They explain the fundamental differences between a strategic demand letter and the formal filing of a petition or complaint, highlighting how each tool serves a distinct purpose in achieving a client's goals. They also tackle the practical side of law firm management, discussing the ethics and industry standard...

This week on the Weekly Docket, join Phil and Chris as they examine the critical role of the Servicemembers Civil Relief Act (SCRA) in Texas litigation. They break down the requirements for filing military status affidavits in evictions and default judgments, explaining how a "no-hit" SCRA report protects the integrity of a court’s ruling against challenges. They also dive into Article XVI, § 52 of the Texas Constitution to a...

This week on the Weekly Docket, join Phil and Chris as they take a deep dive into the complexities of the intestate probate process. When a loved one passes away without a formal will, the state’s default laws take over, often leading to confusion and family disputes. We break down the step-by-step legal roadmap required to settle an estate under Texas intestacy rules, from filing the initial application to the final distribu...

This week on the Weekly Docket, join Phil and Chris as they analyze the high-stakes arguments currently taking place at the U.S. Supreme Court regarding birthright citizenship. They dive into Justice Alito’s use of Justice Scalia’s "microwave oven" example to illustrate how textualism applies 14th Amendment jurisdictional clauses to modern immigration realities that didn't exist in 1868. They also transition from consti...

This week on the Weekly Docket, join Phil and Chris as they navigate the technicalities of moving a business to the Lone Star State. They answer a critical question for business owners on whether dissolving an out-of-state LLC to form a new Texas entity requires a brand-new EIN or if an existing tax ID can be preserved. They also explore a complex family law and real estate dilemma involving community property sold by a spouse whos...