Tag: briefs

Steinberg Argues Before Fifth Circuit

On December 3, 2012, Alexis F. Steinberg argued before the United States Court of Appeals for the Fifth Circuit in New Orleans, Louisiana. She presented the crucial question of interpretation regarding the homestead provisions in the Texas Constitution, Article 16, Section 50.

The essential issue under discussion was whether a lien against a homestead made in violation of the Texas Constitution is void (legally unenforceable) or voidable (able to become void but not necessarily so). Steinberg argued that the lien against the Appellants’ property was not voidable, but rather void from the start (“void ab initio“).

This “void not voidable” issue was first raised in relation to Mosser Law’s clients in the District Court, where James C. Mosser, who tried this case in 2011, uncovered and explored the nuances of the homestead provisions in his pleadings and motions. After appealing the Court’s judgment, Mosser mentored and advised Steinberg as she prepared to bring her oral argument before the Fifth Circuit.

Mosser and Steinberg are aware that this issue could become persuasive for Texas courts and Texas citizens with void property liens. As Steinberg wrote in Mosser Law’s Brief for Appellants:

In the recent case Smith v. JPMorgan Chase Bank, the “court engaged in a detailed analysis of the plain language of the Texas Constitution; the nature of liens which are void from inception instead of merely ‘voidable’; and the Texas Constitution’s requirement of homeowner’s demand and lender’s opportunity to cure before a forfeiture. The Smith analysis should be applied here. The Priesters’ lien was void ab initio, not voidable.”

Because the lien was constitutionally void, the District Court should not have dismissed the case. This void versus voidable issue is material to Texas homeowners and to the legal interpretation of the state’s Constitution.  If the liens are considered voidable, a four-year statute of limitations applies to a homeowner’s claims.  However, if the liens are properly interpreted as void, a homeowner may bring a claim against a lender whenever the homeowner realizes the liens on his or her property violated the Texas Constitution.

Drawing on the plain-language interpretation of the Texas Constitution and pertinent case law, Steinberg presented her argument on this matter cogently and eloquently.

If you have Windows Media Player, you can listen to Steinberg’s argument here or by searching the Fifth’s Circuit’s Oral Argument Recordings Page for “Alexis Steinberg.”

Do you have an appeal? Find out by contacting Mosser Law.

Steinberg Presents to Collin County Bar Association

By:  Kelly R. Ledbetter

On September 24, 2012, Alexis F. Steinberg presented a lecture about tables of authorities, tables of contents, hyperlinks, and other formatting and technology topics during the Law Practice Management Section meeting of the Collin County Bar Association in Plano, Texas.

Understanding formatting methodology in both Microsoft Word and Word Perfect is significant for lawyers primarily because it is in the lawyers’ best interest for any reader quickly to understand and appreciate both the legal arguments and the references to legal authorities.

Steinberg taught that automatically updating a table of authorities (a table of contents comprised of legal sources) will save lawyers and readers a lot of time. Rather than manually updating the table of authorities for an appellate brief–which can easily exceed a hundred pages and scores of sources–lawyers and legal staff should learn to make their technology work for them.

Saving time in the office means saving the client money. Hiring a technologically knowledgeable lawyer is a financially advisable decision. Judges also find briefs whose supporting documents are easy to navigate to be more persuasive, which is good news for favorable judgments.

Particularly stressing that Word Perfect as a word processing platform affords flexibility and control for more than documents written just for appeals, Steinberg demonstrated multiple opportunities to increase the readability of legal documents by inserting internal links as well as hyperlinks.

During the Q&A following her lecture, Steinberg explained that many appeals courts and, increasingly, district courts are welcoming if not requesting documents involving hyperlinked references to authorities.

Why is formatting so important? It helps Mosser Law PLLC present information in the easiest, most streamlined, and technologically practical manner for the benefit of its clients.