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Happy New Year – 2011

It is a tradition for many families to serve Black Eye Peas on New Year’s Day. Since the peas swell when they are cooked – the dish is said to bring prosperity. It is also a tradition to serve (collard, mustard, or turnip) greens, which symbolizes money, along with pork which symbolizes positive motion.

The Gilkes Law Firm is wishing everyone a happy, healthy, and prosperous 2011. In the spirit of the tradition, a drawing will be held for a $25 Gift Card to the Black Eye Pea Restaurant.

To be entered into the drawing, simply respond to this blog post by letting us know, “How Do You Plan to Celebrate New Year’s?”

The drawing will be held on New Year’s Day at 6:00PM. Only one entry will be entered per person. Thank you and good luck to all participants. Have a wonderful New Year!

Save a Life … Become an Organ Donor

Make It Official … Register!
If you’ve received a new driver license over the past couple of years, you may have noticed that you can’t elect to become an organ donor by just signing the back of your license anymore. In 2005, the State of Texas joined 40 other states and created its own donor registry. In order to be recognized as an organ donor, you must visit the Texas Donor Registry and enter your information into the database to be added to the registry. The registration is fast and simple. Once you enter your information, you will receive a confirmation packet in about two weeks which will include a sticker for you to place on your driver license so that others know you are a registered donor. It is also a good idea to discuss your decision with your friends and family so that your wishes are known and honored should your family be placed in a position to decide.

Dispelling the Myths
There are many myths and fears that keep people from becoming an organ donor. The main one is that if you are near death, and you are an organ donor, the doctors will not try to save you. This is absolutely untrue. The medical team and the transplant team are two completely separate entities. The transplant team is not called in until every effort has been made to save your life and the efforts proved unsuccessful.

Contrary to what many people believe, the family is not charged any fees to facilitate an organ donation. All costs are covered by a Nonprofit Organ Procurement Organization (OPO), no cost are passed down to the family.

Many feel that organ donation may be against religious beliefs. In reality, most mainstream religions support organ donation and consider it a charitable gift. The current and former Pope strongly support organ donation and Pope John Paul II called donation “a sincere gift that expresses our call to love and communion.”

Answering the Call
Every day, 17 people die waiting for an organ donation. At any given moment there are 96,000 people in the US awaiting a transplant – 7,000 located in Texas. Blacks and Hispanics have the most urgent need for transplants because it is often harder for this population to find a match.

 One donor can save up to eight lives by donating organs, eyes, and tissue. If you feel compelled to pass on the gift of life, you are encouraged to visit the donor registry and sign up today.

Create a Whole New You …

If you are considering a name change—whether for personal reasons, because of marriage, or to honor ancestors from another country—Texas offers an easy process to complete the name change. There are a variety of reasons that the Court will allow a name change for both adults and children.

Reasons for a Name Change for Adults

The reasons for name changes for adults include:

  • Marriage,
  • Divorce,
  • A name which is difficult to spell or pronounce,
  • Making a political or personal statement,
  • Creating a professional identity, and
  • Reclaiming the original spelling of a family name.

Reasons for a Name Change for Children

Reasons for a child’s name change are fewer and include:

  • Adoption,
  • Taking on his or her natural father’s name, and
  • Changing to a mother’s maiden name after divorce.

If you are changing the name of your child who is over 10 years old, your child needs to sign a document agreeing to the name change.

Filing a Petition for a Change of Name to Your Texas District Clerk

Most counties in Texas have a name change packet that includes step-by-step instructions on what you need to do to have a name change. These packets include two important forms: the Original Petition for Change of Name and the Order Granting Change of Name. The packet will also include a verification form which must be signed in the presence of a notary. There are instructions on where to file the documents (usually with the District Clerk). Remember that when you are seeking a name change, you must sign off that you are not changing your name to falsify records, to avoid debts, or for any other wrongful, fraudulent or capricious purpose. You also must agree that the name change is in the best interest of the public. In Texas, it costs approximately $230 to change your name.

The Court Hearing

Although a court hearing is usually required for name changes in Texas, there are a few exceptions such as after a marriage or as a part of the divorce process. If a hearing is required, you will state the facts of your petition and the reasons behind your desire for the name change. If the judge approves, he or she will sign the Order Granting Change of Name at the end of the hearing. This document will then need to be filed with the District Clerk.

After your name change has been approved, you can use the order to change your driver license and social security card. You should also notify your bank, employer, insurance company, doctors, and utility companies. If you do not want to attempt a name change on your own, The Gilkes Law Firm can handle the process for you. Flat Fee rates are available for your convenience. Best wishes to the new you!

Breaking Down Your Auto Insurance Policy

I recently had a conversation with my auto insurance agent and decided to take the time to get a breakdown on the different aspects of my policy. Now, I’d like to pass on that information to you in case you’ve ever wondered just what you are paying for every month.

The purpose of auto insurance is to ensure that you can cover a financial  loss should you cause an accident. There are several components to your automobile policy:

  • Bodily Injury: covers medical bills for a person injured in an accident you cause. In many cases, this coverage will extend to an individual driving your car with your permission.
  • Property Damage Liability: covers damage done to property in an accident that you cause. This can include damage to another person’s car, buildings, fences, lamp posts, or any other property that you may hit.
  • Collision: protects your vehicle from damage done in an accident. The insurance company will either cover the costs of repairs, or the value of your car if your car is deemed to be totaled. You will likely have to pay a deductible and any other fees allotted by your insurance company.
  • Personal Injury Protection: covers injuries you receive during an accident when you are travelling in your car. This insurance covers you whether you are the driver or passenger. Policies often vary but some will cover rehabilitation services, lost wages, and funeral expenses.
  • Uninsured/Underinsured Motorist Coverage: protects you if you are ever in an accident with an individual who does not have insurance, or who does not have enough insurance to cover the cost of your property damage or medical expenses.

In Texas, the current state minimum requires that drivers carry $25,000 in  bodily injury coverage with a maximum payout of $50,000 per accident. Drivers are also required to carry $25,000 in property damage coverage. On January 1, 2011, these minimum requirements will increase to $30/60/25.

It is against the law to drive without the minimum state requirements. In many cities, uninsured drivers risk getting their car impounded if caught driving without proof of insurance.

For more information on automobile coverage, additional ways to adhere to the financial responsibility laws, or the new state limits feel free to call the State of Texas Consumer Help Line at: 800-252-3439. You can also review Automobile Insurance Made Easy, a publication issued by the Texas Department of Insurance.

Facebook & Jury Duty do not get along …

Traditionally, it was expected that citizens called for jury duty would follow the basic rules given by the Judge:

  • Listen to all the evidence presented;
  • Disregard any evidence deemed inadmissible;
  • Reserve making judgment until the end of the trial;
  • Deliberate in secret;
  • Reserve discussing the case until discharged from duty.

In these current times, where virtually any and everyone can communicate with the world in “real time,” attorneys and court staff have to adapt the way they treat jurors. During the voir dire process (selection of the jury), attorneys may find it necessary to question potential jury members on their internet usage and how likely they are to refrain from using Facebook throughout the trial. Once the trial begins, it is not uncommon for attorneys to monitor the social media accounts of the jury members to see what is being posted. Additionally, Judges often over-stress the instruction that jurors are not to communicate about the trial to anyone, including through postings on websites.

Some of you may be asking, why does it even matter? Well it all boils down to the 6th Amendment right that affords all of us a right to trial by an impartial jury. Based on the current trend, it’s the “mpartial” requirement that is giving the judicial system so much grief. Noncompliant jury members are also finding that their actions during trial could cost them a lot of money.

In a Michigan case last month, a juror posted that ,”it’s going to be fun to tell the defendant he’s GUILTY” before the trial concluded. Defense attorneys brought the posting to the Judge’s attention and the Judge dimissed the juror, fined him $250, and made him write a 5-page essay on the Constitutional right to a fair trial. In February 2010, a New York juror sent a Facebook “friend” request to a key witness in the criminal trial, clearly violating the Court’s instruction which prevents jurors from communicating with individuals involved in the trial. In March 2009, 9 Florida jurors admitted to the Judge that they conducted their own internet research in the case, causing the Judge to declare a mistrial after eight weeks of evidence had been presented.

The examples are endless. Jury misconduct can, and often does, cost a lot of time and money. Citizens serving on juries must remember why they are sitting in that jury box and refrain from actions that compromise the trial. After all, it’s not just the defendant’s rights that are being preserved, but the rights that we all enjoy. We owe it to ourselves as citizens to act in a way that preserves our Constitutional rights, not threatens them.


This blog post topic is a summary of the internet article posted by Harry Valetk.

For more on this topic, visit the internet article posted by Joel Cohen & Susan Helm.

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