Weekly Docket

Hosted by Philip Silberman

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Episodes

146

Latest episode

Oct 2026

Language

EN-US

About the show

Dive into the world of law with 'Weekly Docket,' hosted by Silberman Law Firm's Phil Silberman. Get the latest on landmark cases, practical law, and a unique perspective on the legal landscape. Join us for a weekly exploration of law like you've never heard it before.

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November 12, 2026Episode 14821 min

How Lawyers Pick a Jury, What Is a Jury Shuffle & Why Jurors Get Struck

Join Phil Silberman and Chris Heald in Episode 148 of the ‘Weekly Docket’ as they break down the courtroom strategy behind picking a jury and how voir dire actually works as a deselection process. Explore Texas Rule of Civil Procedure 223 and how a jury shuffle allows either side to randomly reorder and reseat the entire venire panel before questioning begins. Plus, learn the difference between strikes for cause, peremptory strikes, and Batson challenges requiring race-neutral explanations. Don’t miss this episode filled with legal insights and lively discussions! ⏰ Timestamps 00:00 Intro 1:40 How Lawyers Actually Pick a Jury in Texas (It's Not What You Think!) 8:31 What Is a Jury Shuffle in Texas? The Courtroom Rule Explained 15:16 How Lawyers Get Jurors Kicked Off a Trial Panel #WeeklyDocket #TexasLaw #VoirDire #JurySelection #JuryShuffle #TrialLaw #BatsonChallenge #LegalPodcast #SilbermanLawFirm

November 6, 2026Episode 14720 min

Suing Employees for Mistakes, Backyard Nuisance Claims & Texas Easements

This week on the Weekly Docket, join Phil and Chris as they examine employer liability rights, neighbor property torts, and complex easement drafting mechanics under Texas law. They open the discussion by evaluating when an employer can legally sue an employee for costly workplace errors, distinguishing everyday business operational costs from actionable breaches of a duty of care. Then they delve into real estate nuisance law, breaking down what constitutes substantial interference with property rights and unreasonable annoyance caused by sports and neighborhood activities. Finally, they explore Texas land dedication rules and the Doctrine of Merger, outlining how landowners can properly create access rights across contiguous tracts using Declarations of Easements with springing provisions or express deed reservations at conveyance. ⏰ Timestamps 00:00 Intro 1:36 Can Your Boss Sue You for a Mistake in Texas? 8:39 Backyard Sports vs. Texas Private Nuisance Law 13:47 Can You Dedicate an Easement Across Your Own Land? 15:27 Springing Easements: How to Dedicate Land Before You Sell #EmployeeLiability #WorkplaceMistakes #TexasNuisanceLaw #SportsNuisance #EasementDedication #DoctrineOfMerger

October 29, 2026Episode 14624 min

Multi-State Franchise Tax & Nexus Rules, Stormwater Drainage Easements & Special Warranty Deeds

This week on the Weekly Docket, join Phil and Chris as they break down state tax liabilities, real estate infrastructure agreements, and property conveyance options under Texas law. They open the episode analyzing multi-state franchise and sales tax obligations, exploring physical presence, economic nexus thresholds established under South Dakota v. Wayfair, and how state-specific rules impact out-of-state service companies. They then tackle property development and stormwater management, detailing the differences between detention and retention ponds, the necessity of recorded drainage and flowage easements, and how joint maintenance agreements protect property owners. Finally, they evaluate property transfers, explaining the core legal distinctions between special warranty deeds and general warranty deeds and discussing the role of title insurance in mitigating conveyance risks. ⏰ Timestamps 00:00 Intro 2:57 Does Your Business Owe Taxes in Other States? 14:57 Can You Legally Drain Water into Your Neighbor’s Pond? 19:17 Special vs. General Warranty Deeds #MultiStateTaxation #EconomicNexus #StormwaterEasements #SpecialWarrantyDeed #TexasRealEstate #TexasTaxLaw

October 22, 2026Episode 14523 min

Writing Emails in the AI Era, Master Service Agreements & Common Texas Business Torts

This week on the Weekly Docket, join Phil and Chris as they navigate crucial communication strategies, transactional drafting essentials, and commercial litigation causes of action under Texas law. They open the show discussing why human-written emails, concise messaging, and subtle formatting choices are becoming essential for deliverability and engagement as artificial intelligence tools proliferate. Then they explored the structure and necessity of Master Service Agreements (MSAs), analyzing how umbrella contracts streamline deal velocity through Statements of Work (SOWs), enforce standardized risk management, control liability limitations, and handle intellectual property allocations. Finally, they examine common Texas business torts, detailing the key legal distinctions between standard breach of contract claims and tortious interference, breaches of fiduciary duty, trade secret misappropriation and fraudulent inducement. ⏰ Timestamps 00:00 Intro 1:46 Stop Letting AI Write Your Emails 10:06 The One Contract Every Business Owner Needs 16:49 Can You Sue a Competitor for Playing Dirty? #WeeklyDocket #SilbermanLawFirm #TexasLaw #TexasLawyer #BusinessLaw #TexasBusiness #BusinessContracts #MasterServiceAgreement #MSA #BusinessTorts #TortiousInterference #TradeSecrets #AIEmail #EmailTips #LegalAdvice #LawPodcast

October 16, 2026Episode 14433 min

Reality of Trying Cases, Law Practice as a Business & Setting Client Expectations

This week on the Weekly Docket, join Phil and Chris as they share candid insights on the practical realities of practicing law and running a legal business. They reveal why less than one percent of civil cases actually go to trial and analyze the dual balance required to manage a successful law firm as both a profession and a business. Then they explored the critical importance of trust accounting, managing client communication boundaries, and setting realistic client expectations under state bar guidelines. Finally, they offer practical advice on spotting high-risk client red flags, knowing when to decline representation, and handling challenging client behaviors. ⏰ Timestamps 00:00 Intro 2:49 What Law School NEVER Told Us About Being Lawyers 4:26 The Courtroom Lie: Why 98% of Lawsuits Never Go to Trial 7:02 What Clients Actually Pay Lawyers For 11:08 The #1 Thing Lawyers Get Bar Complaints For 18:05 Why Setting Expectations Low Makes You a Hero Lawyer 27:15 Red Flags That Make Attorneys Turn Down High-Paying Clients #LawyerLife #LawPracticeManagement #ClientExpectations #LegalEthics

October 9, 2026Episode 14329 min

Hourly Attorney Billing Ethics, Handling Deceased Relative Tax Liens & Transferring Powers of Attorney

This week on the Weekly Docket, join Phil and Chris as they examine law firm billing practices, real estate tax obligations, and estate planning mechanics under Texas law. They kick off the episode with an honest discussion on hourly attorney billing, contrasting bloated billing practices against how earnest lawyers track time, manage client relationships, and adopt modern billing software. Then they tackle property tax liabilities on real estate inherited from deceased relatives, breaking down in rem tax foreclosure rules, debt strategies, payment plan options, and proper disclaimer procedures under the Texas Estates Code. Finally, they explain power of attorney rules for out-of-state family moves, detailing why agents cannot unilaterally delegate authority, the legal necessity of principal capacity, and the process for executing new statutory durable and medical POAs. ⏰ Timestamps 00:00 Intro 4:26 Are You Being Overcharged by Your Attorney? 22:27 Inherited a House with Unpaid Taxes? What Texas Law Says 26:30 Can You Transfer Power of Attorney to a Sibling? #AttorneyBilling #EstateProperty #InRemForeclosure #PowerOfAttorney #TexasEstatePlanning #BillingEthics

October 1, 2026Episode 14226 min

Real Estate Agent Response Rules, Out-of-Pocket Cash Rates for Healthcare & Proper Uses of Lis Pendens in Texas

This week on the Weekly Docket, join Phil and Chris as they discuss Texas real estate regulations, healthcare billing rules, and real property litigation tools. They start by examining 22 Tex. Admin. Code § 535.157, breaking down the requirement that real estate brokers and sales agents respond to clients and transactional parties within two calendar days and how delays can trigger fiduciary duty violations. Then they address healthcare billing, explaining patient rights under HIPAA and the HITECH Act to pay cash out-of-pocket rather than bill private insurance, along with Good Faith Estimate mandates under the No Surprises Act and exceptions for Medicaid and Medicare. Finally, they discuss when filing a lis pendens is legally justified in real estate disputes involving title or specific performance, versus common misuses like securing unsecured monetary debts or pressuring parties during business dissolutions. ⏰ Timestamps 00:00 Intro 3:31 Is Your Realtor Ghosting You? Here’s the 2-Day Texas Rule! 16:26 Is Paying Cash at the Doctor Illegal? The Truth Exposed! 22:53 The #1 Illegal Way People Use Lis Pendens in Texas! #RealEstateAgentRules #TRECRules #CashPayHealthcare #NoSurprisesAct #LisPendensTexas #TexasPropertyCode

September 25, 2026Episode 14123 min

Pre-Judgment Garnishment, Partition Lawsuits, Frivolous Suits & Tenant Repair & Deduct

This week on the Weekly Docket, join Phil and Chris as they analyze high-stakes debt collection tactics, co-ownership property disputes, and tenant litigation defenses under Texas law. They first dissect the strict statutory mechanics of pre-judgment writs of garnishment under Texas Civil Practice and Remedies Code §§ 63.001–63.008 and TRCP Rule 658, detailing how creditors can freeze bank accounts prior to judgment and what immediate remedies exist for unserved debtors. They examine real estate partition actions, highlighting contribution claims for historical mortgage payments. Next, they break down landlord defense strategies against tenant lawsuits, exploring TRCP Rule 13 and CPRC Chapter 10 sanctions for groundless filings, the strict prerequisites for tenant repair-and-deduct claims under Texas Property Code Chapter 92, and the post-judgment mechanics of bills of review and writs of execution. ⏰ Timestamps 00:00 Intro 3:20 Bank Account Frozen Without Being Served? Here’s What Happened 6:26 Ex-Partner Forcing You to Sell Your House? Know Your Rights 13:26 How to Sanction Someone for Filing a Frivolous Lawsuit in Texas 18:11 When Can a Tenant Legally Deduct Rent for Repairs in Texas? #PreJudgmentGarnishment #PartitionLawsuit #FrivolousLitigation #RepairAndRemedy #TexasPropertyCode #GarnishmentWrit

September 18, 2026Episode 14023 min

Deed Transfers to Foreign Trusts, Federal Miller Act Bond Claims & Defending Sworn Account Lawsuits

This week on the Weekly Docket, join Phil and Chris as they navigate complex property transfers, federal construction remedies, and contract defense strategy under Texas law. They first discuss the proper mechanics of deeding Texas real estate to an out-of-state trust using general warranty deeds to protect title insurance coverage. Then they tackle federal construction law, explaining why sovereign immunity prevents mechanics' liens on federal military bases and detailing the exact remedy under the federal Miller Act (40 U.S.C. §§ 3131–3134). They break down payment bond protections, 90-day statutory notice requirements for second-tier subcontractors, federal court venue rules, and procedure for requesting bond copies. Finally, they address commercial debt litigation, contrasting general denials against strict verified denial requirements for suits on a sworn account to prevent automatic adverse judgments. ⏰ Timestamps 00:00 Intro 4:45 Moving Texas Real Estate to an Out of State Trust? Watch This First! 9:39 Unpaid Subcontractor on a Military Base? You Can't File a Lien! 17:54 Sued for a Debt You Actually Owe? Here’s How to Defend It #FederalMillerAct #MillerActBond #TexasRealEstate #DeedToTrust #SwornAccount #TexasCivilProcedure #SubcontractorRights

September 10, 2026Episode 13924 min

Partition Lawsuits With Heirs, 300-Year Dynasty Trusts & Family Limited Partnerships

This week on the Weekly Docket, join Phil and Chris as they address complex real estate disputes and sophisticated estate planning strategies under Texas law. They first dissect partition lawsuits initiated by investor companies acquiring fractional interests in family-owned land, explaining procedural steps, receiver-driven fair market valuations, and co-tenant buyout rights under the Texas Uniform Partition of Heirs’ Property Act (Texas Property Code Chapter 23A). Then they shifts focus to high-net-worth estate planning, exploring how Texas Property Code § 112.036 allows Texas Dynasty Trusts to endure for up to 300 years to preserve multi-generational wealth. They detail custom distribution parameters, trust protector governance models, and the strategic deployment of Family Limited Partnerships (FLPs) to secure general partner control, leverage 20% to 40% valuation discounts for gift tax efficiency, and enforce charging order protections against prospective creditors. ⏰ Timestamps 00:00 Intro 4:44 A Corporate Investor Bought an Heir's Share: Now What? 6:32 How Texas Property Code 23A Protects Inherited Family Land 9:04 Can You Evict an Heir Living in an Inherited House? 13:46 Inside the 300-Year Texas Dynasty Trust 20:05 How Family Limited Partnerships (FLPs) Work for Estate Planning #PartitionLawsuit #DynastyTrust #FamilyLimitedPartnership #TexasPropertyCode #EstatePlanningTexas #UniformPartitionAct #CoTenantBuyout