Memorial Day, like so many other “Monday holidays,” has come to symbolize, at least in the eyes of many, a three day weekend.  All of us should take these days to enjoy the company of friends and family, get some sun, have picnics and relax.  We all need time off from the stress of the work week.

On the other side of the world, however, there are men and women serving our nation who have no respite from the stress of war.  There are no three day weekends in combat zones.  The families of those who serve in our armed forces have no Monday holiday from the worry only they understand.

And, for those who have fallen in the line of duty, their families will never escape from the burden of their loss.  We should remember that Memorial Day is about those who have sacrificed so that we can enjoy freedom.

The following comments were sent to me by Bill Day, a man with whom I regularly disagree on political issues.  Bill, thank you for reminding me that we are all joined in our debt of gratitude to those who have made the sacrifice of military service:

It is  the VETERAN, not the preacher, who has given us freedom of religion.

It  is the VETERAN, not the reporter,  who has given us freedom of the press.

It  is the VETERAN, not the poet, who has given us freedom of speech.

It  is the VETERAN, not the  campus organizer, who has given us freedom to assemble.

It  is the VETERAN, not the  lawyer, who has given us the right to a fair trial.

It  is the VETERAN, not the  politician, who has given us the right to vote.

Thank you to all our veterans, service men and women, and the families of those who serve or have served in the past, for the right and the privilege of living in freedom.

People who know me are aware of my interest in politics.  I usually control myself in polite company, including this space, although when writing on issues that affect my clients, such as our legislature systematically taking away the rights of victims, political issues inevitably come up.  I have avoided taking a stand in this newsletter on local elections.  Working in a diverse county (one with both Republican and Democratic judges) can be tricky for lawyers who go to the courthouse.

However, I cannot help but let you all in on a secret virtually every lawyer in Harris County knows:  We have a terrific District Clerk in Loren Jackson.

In the less than two years since Loren took office, he has brought the way Harris County lawyers do business into the 21st Century.  Go online and check out the District Clerk’s website at http://www.hcdistrictclerk.com.  You will find a vast array of information available at your fingertips.  Even more information is there for lawyers, such as copies of virtually every document on every case.  To get a feel for how revolutionary Loren’s work has been, check out the websites of other district clerks around the state, or even the country.  You will be impressed at how well we measure up.  And Loren’s work is not done.  He is trying to improve the way lawyers electronically file documents, including making it free.

Recently, I had a problem filing something on a Sunday.  Actually, it was my vacation designation, which is, as you can imagine, pretty important.  There was a hitch in the website, and Sunday was the deadline for filing, so I was in a pickle.  I emailed Loren and two of his assistants (I had their email addresses from the last time I had a problem).  Within two hours that Sunday, I received an email from one of the assistants telling me the website had been fixed.

I was so impressed, I wrote Loren and told him I would vote for him in the coming election, even if I did not recall if he was a Republican or a Democrat. He wrote back and thanked me, and then reminded me he was a Democrat.  I must admit my attention span wanders when I get down the ballot.  That might happen to you too.  However, when November rolls around, look far enough down the ballot for the District Clerk’s race, and remember what a great public servant we have in Loren Jackson.

The District Clerk serves all the citizens of Harris County.  In a perfect world, he would be elected on a non-partisan basis.  However, whether you are a Republican, Democrat or Independent, we all need to keep Loren on the job.

Texans would be well served to think about BP in the past, present, and especially the future.

BP’s past is littered with tragedies brought on by carelessness that results from putting stock prices before safety.  The 2005 BP Texas City explosion is a recent reminder, and the victims (15 killed, over 170 injured) of the blast bear enduring witness.

BP’s present is playing out before our eyes.  Watching the chaos and calamity unfold in the Gulf of Mexico, most of us feel helpless as the wages of BP’s sins wash onto the shores of Louisiana.  For those whose lives and livelihoods depend upon the health of the waters, wetlands and wildlife devastated in this catastrophe, cleanup and compensation are small consolation.

For the future, BP stands to avoid responsibility should another Texas refinery go up in flames, thanks to a 2007 opinion by the Supreme Court of Texas known as Entergy v. Summers.  In this opinion, the Court reversed one hundred years of precedent and in an amazing feat of judicial activism, wrote a road map for BP and other plant operators to avoid responsibility to victims of their future negligence.

Refineries depend on contract workers for tasks not performed on a regular basis.  If contractors have worker’s compensation coverage, they are immune from lawsuits by their employees.  However, “third parties,” including plant operators like BP, were liable if their negligence caused injury or death.  For the BP employees killed or injured in the blast, worker’s compensation was the only remedy against BP.  However, contractors held BP accountable in court, and millions of dollars were paid by BP to victims and their families.  That cost was a message to BP’s officers and directors in the only language they understand.

Thanks to the Entergy opinion, BP and other contractors may now contract away third party liability.  All BP has to do is provide worker’s compensation coverage for contractors’ employees.  This is not a new cost for BP.  Worker’s compensation coverage has been required in every contract with a company sending workers into a BP facility.  The cost of coverage is one element of the contract.  By simply swapping the responsibility for buying the coverage from the contractor to BP, third party liability is extinguished.  And it does not cost one penny!  BP now has less economic incentive to be safe.

The Texas legislature is considering a “fix” to the Entergy opinion.  A bill being drafted will tell the Supreme Court it cannot redesign Texas worker’s compensation law with the stroke of a pen.  This bill must be passed.

If you are concerned about BP’s past or present, offer help to the victims of the oil spill, or contribute to one of the many relief organizations providing that help.

If you want to prevent BP from getting away with another Texas City explosion, write your state representative and senator and tell them to pass the Entergy bill.