Brian Smith's Legal Blog

Last night was a historic occasion for the country; Barrack Obama was elected the 44^th president of the United States.  As I watched the results roll in, I sat among a group of friends in a wine bar and was able to observe the crowds’ reaction.  The reaction was one of joy, relief and optimism for this country’s future.  And, the reaction was wide spread and not simply confined to this country.  In general, the international community was not only supportive but also ready to embrace the leadership role which America once held.  So, it is with great admiration, pride and a sense of fulfillment, I congratulate America on a prophecy fulfilled.   

I sat through the entire 90 minutes of the last Presidential debate between Obama and McCain.  From this armchair politician’s and American’s viewpoint, Obama clearly edged out McCain.  Obama was even tempered, presented his positions well, and articulated a future for this country that is both positive and inspiring!  McCain seemed angry and he seemed to be following a  script from his campaign and from others belonging to his collective masses to attack Obama and to “bring it to him” (a reference to one person’s comments during one of McCain’s town hall meetings).  What resonated for me was the message Obama sent that the American people really do not want to hear bickering between the candidates but instead want to talk about the issues.  With regard to McCain’s line: (loosely) “I am not George Bush…and perhaps you should have run against him 4 years ago,” I do believe John McCain is different from Bush and would handle things differently, but I do not believe he is what this country needs right now.   

700 Billion Dollars!!!  700 Billion!!! Do people realize just how large a number 700 Billion is exactly?  Well, let’s put it in perspective.  What could one do with 700 billion Dollars?

·         700 Billion is enough to give every man, woman and child $100 in the world;

·         700 Billion is enough to give every man, woman and child in the U.S. $2,282.00;

·         700 Billion is enough to give every business in the U.S. approximately $30,000.00;

·         700 Billion is enough to give each and every city in the U.S. 35 Million dollars to help out with economic relief.

Yet, we as a country are choosing to spend 700 Billion Dollars bailing out private companies whose corporate executives have gotten rich off the backs of tax payers.  In fact, one company, AIG, is taking a whopping 100 Billion Dollars alone.  This is not just absurd, it is pure gluttony!  I, as a small business owner and an American, am angry.  And, I think the American people are angry too!  From my perspective, if my business were failing or if the business of a good friend of mine who owns a commercial fishing company failed, we would receive absolutely no assistance from anybody.  Apparently, we are not large enough, do not employ enough people, and have failed to lose the requisite amount of money to capture the attention of Congress.  Lest we all forget, American was forged and created on the backs of small business and on people willing to work hard for family and for country.

With that being said, I have a modest proposal; let’s give every business in the U.S. $30,000 to help spur the economy.  If AIG wants to spend their 30K on a bar tab, let them.  But, I would be willing to bet that many engineering Americans would make very good use of the money and our economy would be much better off in the long run by betting on the most valuable commodity this county has to offer instead of on a bunch of corporate executive who already have a proven track record of failure!  

For all those who know me, I am very much an armchair politician.  From the perspective of my loved ones, friends and co-workers, if I could take the helm of the White House for 48 hours, we would have a rapid and miraculous turnaround.  This, of course, is in jest and I humbly realize that the positioning and the circumstances in which we find our country today is both complicated and a result of the convergence of many roads over time.  Still, I cannot help to be excited about the upcoming election and sit eagerly on the edge of my seat with every news flash from CNN or any other reputable news agency.  I firmly believe, whoever might be elected, a change in this country is needed.  It seems to me we have been experiencing a long winter and spring is just around the corner.  So, whether it be President Obama of President McCain, I pledge my support and optimism for the future of this country!  Our firm, even though we may have wildly different political views from within, have a little more spring in our step with each passing day as the election for new leadership in this country draws nearer.      

As fate would have it, I was in California (my new found residence) when Hurricane Ike came rolling through Houston.  Several days before the hurricane, I tried to get a flight into Houston but the airlines and the airports were either booked or closed down in anticipation of the storm.  So, I was forced to observe the hurricane’s wrath from an armchair in California and fortunately it was not an altogether uncomfortable armchair. The fate of our firm and the people who work with us were in mother nature’s hands — a not altogether comfortable thought!  As the storm rolled in, my thoughts, in addition to being with our co-workers, was also with information loss and overall loss of business. Not just for our firm, but for many other businesses, the idea that we could be without power or new business for a period of a month or more could be devastating, especially given today’s economy.  Luckily, at days end, we nor any of our staff, suffered any real damage aside from some major inconveniences.  However, that being said, the financial fallout for our firm and for many businesses we represent will be felt for a much longer period of time.  The effect of the storm on the local economy and its interruption on the local business culture will take a year or more to correct.  And for some businesses, the storm dealt a final blow to an already tumultuously year.  At Smith & Garg, our hearts and our thoughts are with all those people!  So now that the storm is over, economic and emotional recovery begins.  With regard to our firm, we have experienced a slow down in most things legally related and a reluctance of businesses to take any real risk.  Businesses instead are focused on survival of their business and way of life.  Many business people we deal with are focused on surviving the rest of the year and putting all their hopes and dreams of a turn around on 2009.  We, as a firm, have made some real progress on our own recovery and stand ready to assist any of those in need of our assistance.  I want to dearly thank all those who helped us in our recovery and give a special thanks to the Smith & Garg family for their heroic dedication to our firm and our people.  I also want to give a special thanks to Mark Wright, Amanda Brash, Stephen Pham and Sarita Garg for stepping up to the plate in a time of need and getting the job done.  You guys are not only great examples of dedicated members of our family but also great examples of what we as people need to strive to be both in spirit and of body.  I cannot thank you all enough!!