Weekly Docket

Hosted by Philip Silberman

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Episodes

137

Latest episode

Aug 2026

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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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60 recent

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

September 4, 2026Episode 13825 min

All About Registered Agents & Buying Small Business

This week on the Weekly Docket, join Phil and Chris as they navigate critical corporate compliance hurdles and business acquisition strategies under Texas law. They examine whether a law firm can temporarily serve as a client's registered agent, the mechanics of filing a resignation with the Secretary of State, and how entity status issues lead to court motions for abatement. The duo also cautions against the risks of administrative termination after 90 days and details why serving as a registered agent leads to an influx of unwanted solicitation mail. Then they dive into commercial transactions to break down the standard financing structures used when buying or selling a small business. They analyze SBA 7(a) loan mechanics, including government backing guarantees, 10-year to 25-year terms, personal guarantee requirements, equity injection expectations, and how subordinate seller financing can fulfill down payment obligations. ⏰ Timestamps 00:00 Intro 4:31 What Happens When Your Registered Agent Resigns? 7:56 Can a UPS Store Be Your Registered Agent in Texas? 10:30 Can You Be Your Own Registered Agent? (The Anonymity Myth) 11:34 How Small Business Acquisition Financing Works (SBA 7(a) Loans) 13:35 How High Interest Rates Impact Small Business Valuations 16:39 Why Public Companies Get 20X Multiples (And Small Businesses Don't) #RegisteredAgents #EntityAbatement #SBA7aLoans #SmallBusinessFinancing #TexasCorporateLaw #RegisteredAgentResignation #SmallBusiness

August 28, 2026Episode 13722 min

Status Conferences, Litigation Finance "Buy Now Pay Later" Retainers & Mold Litigation

This week on the Weekly Docket, join Phil and Chris as they demystify core litigation procedures, legal financing trends, and mold claims facing Texas homebuilders. They kick off the episode by defining the real-world mechanics of a court status conference, explaining how trial judges use these procedural check-ins to enforce scheduling orders, manage discovery deadlines, and keep civil lawsuits moving toward trial. They then explore the rise of litigation financing retainers and consumer "Buy Now, Pay Later" payment models for legal services, analyzing the ethics, fee-arrangements, and practical risks for both clients and law firms. Finally, they take a deep dive into construction defect defense, examining why homebuilders are seeing a massive surge in mold litigation, the major challenges in proving causation and damages, and strategic approaches to defending complex property claims. ⏰ Timestamps 00:00 Intro 4:20 What Is a Status Conference? Texas Litigation Explained 7:39 Buy Now, Pay Later... For Lawsuits? Litigation Finance Retainers 17:23 Suing Home Builders for Mold? The Big Legal Challenges #StatusConference #LitigationFinancing #BNPLforLegal #BuilderMoldLitigation #TexasLitigation #ConstructionDefect #CivilProcedure

August 20, 2026Episode 13632 min

3 Rules For Lawyers to Live By, The Truth About Online Reviews & Career Advice for High Schoolers

This week on the Weekly Docket, join Phil and Chris as they share unfiltered, practical wisdom for building a thriving legal practice. They unpack three core principles that separate highly successful attorneys from the rest. They dive into the evolving landscape of online reputation management, analyzing why customer reviews are more critical than ever in the age of AI. Finally, they offer valuable career advice for aspiring high school students, explaining how mastering sports like tennis or golf can open unexpected doors in networking and business development. ⏰ Timestamps 00:00 Intro 3:05 How Average Lawyers Make Millions (Do These 3 Things!) 19:27 Are Online Reviews Broken? What Every Business Owner Needs to Know 24:23 Want Your Kid to Get Ahead in Business? Have Them Play This Sport! #LawFirmMarketing #AttorneyMindset #GoogleReviews #LegalPracticeManagement

August 14, 2026Episode 13523 min

Tenant Security Deposit Accounting, Gift Card Phishing Scams, Unrecorded Deeds & LLC Member Disputes

This week on the Weekly Docket, join Phil and Chris as they examine a notable JP court interpretation regarding landlord security deposit accounting timelines under Texas Property Code § 92.109(d). They break down the legal distinction between delivering a timely accounting notice within 30 days versus disbursing actual refund checks, highlighting the practical impacts on both tenants and property managers. They then step into cybersecurity, analyzing sophisticated email phishing tactics and gift card impersonation schemes targeting business professionals. Next, they handle a complex real estate title dispute involving a 10-year-old unrecorded deed, unpaid property taxes, Tax Code § 32.07 liability, and Texas Property Code § 13.001 rules governing subsequent purchasers and quiet title actions. Finally, they address small business litigation dynamics, sharing practical strategies for removing a rogue member from an LLC operating without an agreement and protecting operating accounts during corporate dissolutions. ⏰ Timestamps 00:00 Intro 3:46 Landlords: Do You REALLY Have to Mail the Check Within 30 Days? 8:06 Watch Out! The Fake Boss Email Scam Wanting Gift Cards Is Back! 12:11 Sold Land 10 Years Ago But Got Hit With Back Taxes? 19:23 Rogue Business Partner Draining the Bank Account? Do THIS Immediately! #SecurityDepositAccounting #JPCourt #PhishingScams #UnrecordedDeed #TexasPropertyCode #LLCDissolution #TexasBusinessLaw

August 6, 2026Episode 13417 min

Texas Entities vs. Delaware Entities, Locating Deceased Bank Accounts & Deed Changes

Texas Entities vs. Delaware Entities, Locating Deceased Bank Accounts & Deed Changes This week on the Weekly Docket, join Phil and Chris as they analyze whether forming a Delaware entity still holds an advantage over a Texas entity, evaluating Texas's newly established business courts designed specifically for complex corporate disputes. They then tackle critical probate questions, providing tips for executors trying to locate hidden or unlisted bank accounts after a parent’s death. Finally, they examine residential leasing regulations, diving into the legal risks and Fair Housing Act implications of landlords enforcing blanket prohibitions against applicants with criminal histories. ⏰ Timestamps 00:00 Intro 4:06 Delaware vs. Texas: Which State is Better for Your New Business Entity? 7:36 Executor Guide: How to Track Down a Loved One’s Hidden Bank Accounts After They Pass 11:00 Tax Records Got Your Property Ownership Wrong? Here’s How to Fix Your Deed! 13:59 Can Residential Landlords Legally Enforce a Blanket Ban on Renters with a Criminal History? #TexasBusinessCourts #DelawareLLC #DeedTransferTexas #ExecutorBankAccounts #FairHousingAct #TexasRealEstateLaw

July 31, 2026Episode 13319 min

Living Wills vs. Medical POAs, Texas Affidavit of Heirship 5-Year Rule & How Texas Rollback Taxes Work

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 probate questions regarding Affidavits of Heirship, including the 5-Year Rule under Texas Estates Code § 203.001 and title company underwriter requirements when selling inherited property. Finally, unpack how Texas rollback taxes work when agricultural land changes use, including the 3-year tax recalculation, whether the buyer or seller pays, and a notable homestead exemption. Don’t miss this episode packed with practical legal insights and Texas law guidance! ⏰ Timestamps 00:00 Intro 2:52 Living Will vs. Medical POA Explained 10:03 Inherited Texas Property? Watch Out for the 5-Year Heirship Rule! 14:11 Buying Ag Land in Texas? Watch Out for Surprise Rollback Taxes! #TexasLaw #EstatePlanning #LivingWill #MedicalPOA #LegalTips #TexasRealEstate #AffidavitOfHeirship #InheritedProperty #RealEstateLaw #RollbackTaxes #AgExemption #PropertyTaxes

July 24, 2026Episode 13216 min

How to Nonsuit Cases in Texas, Service on the Secretary of State & Serving Defendants via Social Media

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 demystifies SOS service under Texas Business Organizations Code § 5.251, explaining step-by-step how to effectuate valid service through the Secretary of State when an entity's registered agent cannot be located. Finally, they examine substituted service under Texas Rule of Civil Procedure 106(b)(2), diving into the evidentiary requirements for serving evasive defendants via social media channels, Direct Messages, and digital technology. ⏰ Timestamps 00:00 Intro 3:36 How to Drop a Texas Lawsuit (Without Ruining Your Case!) 8:14 The $50 Texas Legal Loophole to Serve Hidden Defendants 13:26 Can You Get Sued in an Instagram DM in Texas? #NonsuitWithPrejudice #SecretaryOfStateService #TRCP106 #SocialMediaService #TexasCivilProcedure #SubstitutedService #TexasLitigation #WeeklyDocketEpisode132 #SilbermanLawFirm

July 17, 2026Episode 13119 min

JP Court Records, Heirship Affidavit Shortcuts & Why Firms Reject Contested Guardianships

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 save time by utilizing an Affidavit of Heirship with a will attached, or if Texas law mandates a formal probate. Finally, they step into the emotional arena of guardianship litigation as they discuss a mediator's request to refer contested guardianships. They share a candid behind-the-scenes look at why the firm tries to avoid these draining, high-conflict cases at intake to protect both firm resources and client satisfaction. ⏰ Timestamps 00:00 Intro 2:49 Navigating Texas JP Court Records 5:22 Tech Tips for Outlook Files in Legal Discovery 9:36 Can You Attach a Will to an Heirship Affidavit? 12:52 The Hard Truth About Contested Guardianships #JPCourtHarrisCounty #DiscoveryWorkarounds #OutlookMSGReader #AffidavitOfHeirship #TexasProbateLaw #ContestedGuardianships #ProbateLitigation #TexasCivilProcedure #WeeklyDocketEpisode131 #SilbermanLawFirm

July 9, 2026Episode 13020 min

The Texas Rocket Docket Overhaul, Courtroom Drama & The Danger of Free Internet NDA Templates

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 agreement (NDA) templates. They expose fatal mistakes found in generic NDA forms and discuss essential clauses missing from free forms that can leave your trade secrets completely unprotected under Texas law. ⏰ Timestamps 00:00 Intro 2:37 Texas Lawsuits Just Got WAY Faster! 10:57 When Lawyers Lose Their Cool: Exhibit Thrown in Court! 14:47 Fatal Mistakes in Free Online NDA Templates! #TexasRocketDocket #SummaryJudgmentOverhaul #CourtroomDrama #BusinessNDAs #TexasBusinessLaw #TradeSecretProtection #Rule166a #ExpeditedActions #TexasLitigation #WeeklyDocketEpisode130