Mark Perkins - the Person

Back from the Amazon!

2012-03-02T15:45:00.001-06:00

For over ten days, I was travelling along the tributaries of the great Amazon River in the rain forest of northern Brazil. I was completely disconnected from society. No cellphone, no laptop, no Ipad. I had no access to Linked in, Facebook or e-mails.

It was great!

While in the Amazon, I was serving men, women and children who can do nothing for me. I may never see them again on this side of Heaven. How often do we take the time to do something completely selfless?

Hey, don't get me wrong: I'm no Saint and, quite often, I am thinking about how I can win the case, pay my bills or improve my relationships with client. Yet, let's admit it: those pursuits are generally self-interest motivated. For a focused period of time, it really was not about me.

I am trying to post pics! Server is rejecting, but I will post some later.

Future TIDA member?

2012-01-31T18:25:00.000-06:00

Recently, one of my staff members moved back to Houston to be closer to family and go back to school. On her last day, she brought her son, Kayden, by the office to say goodbye. I gave him toy from one of the TIDA* conferences. It looks like it may be one of his favorite toys!

We miss you Amanda, but we wish and pray the best for you and Kayden!

*For those who don't know, TIDA is the acronym for Trucking Industry Defense Association. TIDA is a non profit association with members devoted to sharing knowledge and resources for defense of the trucking industry. TIDA was founded in 1993 and has become the organization of choice for over 1,600 motor carriers, trucking insurers, defense attorneys and claims servicing companies. The organization is committed to reducing the cost of claims and lawsuits against the trucking industry. Members work to develop strategies and share knowledge to defend the trucking industry in personal injury, property damage, worker’s compensation and cargo claims. TIDA members advocate on behalf of the industry’s interests.

HUB Urban Ministry to the Homeless of Shreveport

2012-01-19T19:00:00.000-06:00

I am not as involved as I have been or would like to be, but kudos to Cassie Hammet and her husband, Brent, and all the staff and volunteers who go TO the homeless of Shreveport and love them where they are!

This past Christmas, our firm had the opportunity to distribute hundreds of loaves of bread to Christmas banquet for some of the homeless folks in Shreveport. The banquet was hosted by the HUB, with help from many, many volunteers from around town.

Great job, Cassie!

Deadline for Removal to Federal Court Changed!

2012-01-17T16:06:00.000-06:00

New legislation signed on December 7, 2011 changing the law regarding the removal of cases to federal court. The newly enacted legislation took effect on January 6, 2012 and alters the existing removal statute surrounding (1) the timing of removal, (2) the amount in controversy, and (3) severing unrelated state claims. Each of these areas is addressed below.

1. The Timing of Removal to Federal Court.

The most significant change involves the timing of removal by a single defendant in a multiple defendant lawsuit. Under the old law, a defendant must file his removal within thirty (30) days of being served. This requirement stood regardless of whether there are multiple named defendants who were served earlier or later than the removing defendant—this rule is known as the “First-Served” rule. The revised statute now invokes the “Later-Served” rule which retains the requirement that a single defendant remove a case within 30 days of being served. However, under the new “Later-Served” rule, a defendant outside the 30 day removal deadline may join in the removal with another later-served defendant who is still within its own 30 day deadline to remove the case to federal court.

The revised statute also adds a “Bad Faith” exception to the general rule that a case cannot be removed to federal court more than 1-year after the plaintiff filed the complaint in state court. Under the new law, if a court finds that a plaintiff added a non-diverse defendant in bad faith solely in order to defeat diversity and avoid having the case removed to federal court, the federal court may disregard the 1 year limitation and allow the remaining diverse defendant to remove the case more than 1 year after the complaint was filed in state court.

2. The Amount in Controversy

The current removal statute requires that the plaintiff’s claim be worth at least $75,000.00 for it to be removed on the basis of diversity of citizenship. While the $75,000.00 jurisdictional minimum has not changed, the new legislation addresses the situation where a plaintiff does not state in the petition the amount being claimed. If a plaintiff does not disclose the amount of the claim in the petition but during the course of discovery is it learned that the plaintiff is actually claiming more than $75,000.00, the defendant will then have thirty (30) days from this time to remove the case to federal court. However, absent a finding of bad faith, if this is discovered more than one year after the plaintiff’s petition is filed, the defendant will not be able to remove the case to federal court.

Please note that in LOUISIANA (and more broadly the 5^thCircuit Court of Appeal), we have been allowed to Petition Removal to federal court within 30 days of DISCOVERING that amount in controversy exceeds $75,000. Typically, our firm has used the procedure of submitting Requests for Admissions to force the plaintiff’s attorney to disclose that the amount in controversy exceeds $75,000; however, with these new changes, we probably will not have to do that. We may continue the procedure to because it hastens the removal to federal court.

3. Severing Unrelated State Claims

When a defendant removes a case based on federal question jurisdiction, rather than diversity, the new legislation changes how the federal court addresses unrelated claims based on state law mixed with claims based on federal law. Under the old rule, the federal judge had discretion as to whether the unrelated state claims should be severed from the federal claims and remanded back to state court. Under the new rule, the federal judges do not have discretion but are required to sever and remand all unrelated state claims that fall outside the federal court’s supplemental jurisdiction.

Lastly, prior to the new legislation, there was a long-standing judicial rule that required all defendants to consent to removal. The revised statute codifies this judicial rule and requires all defendants in a multiple-defendant suit to consent to removal.

What is a life be worthy of the gospel of Christ

2012-01-16T15:16:00.000-06:00

In Philippians 1:27-30, the Apostle Paul wrote:

"Only let your manner of life be worthy of the gospel of Christ, so that whether I come and see you or am absent, I may hear of you that you are standing firm in one spirit, with one mind striving side by side for the faith of the gospel, ²⁸ and not frightened in anything by your opponents. This is a clear sign to them of their destruction, but of your salvation, and that from God. ²⁹ For it has been granted to you that for the sake of Christ you should not only believe in him but also suffer for his sake, ³⁰ engaged in the same conflict that you saw I had and now hear that I still have."

Recently, I read the following from Brady Tarr, Who is employed by the Christian Legal Society and I like what he says:

"When I reflected on this passage, the story of Adoniram Judson came to mind as person who let his manner of life be worthy of the gospel of Christ. He was a missionary to Burma for about 38 years. During those years, he lived a life of sacrificial devotion to God who ordained that his life be filled with suffering. The following is a brief summary of some things he and his family experienced during his ministry there:

In 1812, Adoniram Judson and Ann Hasseltine got married and 12 days later moved to Burma as Missionaries.
They didn’t see any conversions among the people of Burma until they had been there for 7 years.
In the 8^th year of their mission, Ann got desperately ill and sailed home by herself to try to get better…Adoniram and Ann were separated due to her sickness for 2 years and 4 months
Shortly after she returned to be with Adoniram, he was accused by the government as being a spy and was arrested. He spent 17 months in jail and was tortured regularly. During this time, his wife got deathly ill and died 11 months after he was released.
His daughter got sick and died 6 months later.
8 years after Ann died he married Sarah Boardman.
They had 8 children four of which died.
Sarah died after 11 years of marriage.
He spent a total of 38 years in Burma.

We can praise God that his faithful ministry resulted in a Bible being translated into Burmese, a Burmese dictionary was completed, and hundreds of converts were leading the church in Burma. Today there are close to 3,700 congregations of Baptists in Burma because of his sacrificial devotion to God and the Burmese people.

When I finished reading about the life of Judson, his suffering was not the only thing that stood out to me. It was also a great encouragement to hear of his faithful devotion to Christ. He lived a manner of life that was worthy of the gospel. It is my prayer that the Lord would help us to the same when we face trials and suffering.

In Philippians 1:27-30, Paul continues exhorting the Christians in Philippi by encouraging them to walk worthy of the gospel of Jesus Christ. He then describes some practical things that the Christians should do in order to live in such a way. First, Christians are to strive together for the faith of the gospel. Second, Christians suffer for the sake of Christ."

So what do you think about what it means to live such a life worthy of the gospel of Jesus?

NOT LIKE THE OTHER BOYS | People of the Second Chance

2012-01-12T00:03:00.002-06:00

The following is not my story. I did wrestle, swim and play with GI Joes, but I still was not like other boys. Our culture has really screwed up what real manhood is. When I was in Rwanda, men would walk down the street hand in hand, but it's not like you think. They were just friends. That is not likely to happen in our culture, but we still need to reevaluate masculinity.

If you are a man, consider this story and consider how YOU can show genuine Godly masculine affection to another man without it being weird.

The following is by Dan Scott posted on "People of the Second Chance":

Even as a boy I knew I was different.

I choreographed Amy Grant songs, played dress up, and loved my Cabbage Patch Kid. Boys were supposed to wrestle, play with GI JOES, and throw the ball around with dad, but I just didn’t want to do any of those things.

It was no big deal at first. None of my guy friends noticed that I was any different from them … until junior high. I cared how my hair looked, how I dressed, and who was topping the charts on Casey Kasem. Very few junior high boys cared about any of those things.

And that’s when it started.

“What are you, a homo?”
“Don’t ask the Mama’s Boy; he won’t want to play.”
“Fag!”

At first, I didn’t even know what they were calling me, but I knew it couldn’t be good. When I did discover, I did everything I could to change that perception.

I played soccer and basketball. I became fast. I got myself a girlfriend and made sure that I kissed her.

But whatever I did to compensate for that perception, it didn’t change who I was or what I cared about. I didn’t want to focus on my soccer skills or becoming a better basketball player. Even I knew that I was too young to have a serious relationship. I just wanted to be myself, but I didn’t have a choice.

I needed to “act like a guy.”

High school was worse. I was a drama and music nerd. I balanced theater with soccer, and always had a girl by my side. Still, no matter how hard I worked to change the perception, I was still labeled and was never “one of the guys.” It hurt.

I was confused and unsure what to do, so I did nothing and kept everything to myself. Inside, I wondered if I had any real friends. I questioned everything about who I was and wondered if what they were saying about me was true. I questioned what God was thinking when he made me an artist. Didn’t he know what would happen?

But I found hope.

My parents always encouraged me to be myself; even my father, who LOVED sports, never gave me grief for not following in his footsteps. They encouraged my hobbies and supported my decision to study theater in college.

Thankfully I encountered college professors who were just like me. In them, I found mentors who loved Jesus, were true artists, and were real men.

God also gave me a wonderful wife. She loves what I create and champions everything I do. We have four kids. And funny enough, my sons love playing sports, so now I do too. I have a blast watching their games and playing anything with them. (Just please don’t ask me to watch televised sports any time soon!)

I wish I could go back to the 15 year old me and tell him that everything will be all right. That all my questions would be answered. And that regardless of any perception, being a creative is one of the greatest professions in the world.

One thing I can do is go back and thank the amazing people who taught me that manhood isn’t defined by how many deer you kill or points you score in a game. Manhood is a state of mind that takes responsibility for his life and the lives of those under his care.

My name is Dan. I’m an artist. I’m a real man.

Mark and Africa New Life Ministries Noted in ABA Journal January 2012 !!

2011-12-29T16:21:00.000-06:00

As most of you know, I travelled to Rwanda in August 2011 with the Simple Church of Bossier City to work with Africa New Life and Land of a Thousand Hills.

The reason I do this is because I can be very selfish and focused on the immediate needs of my family, my staff, myself and my clients; however, there are times when we have to get perspective. It's not about me. It's not about winning or losing or how much money we can make or prevent others from getting. There's more to life than all of that. There are millions of people, like my adopted son in Rwanda, Emmanuel, who have nothing. He lives in a mud hut on the border of Rwanda and Tanzania. He has no running water or electricity, but he now has the opportunity to get an education, food clothing and medicine.

Do something for someone else without any expectation of return.

Maybe, it's just giving a homeless person some bottled water.

Do something.

Do anything.

THE NIGHT BEFORE CHRISTMAS, in Lawyerspeak

2011-12-28T12:58:00.000-06:00

Whereas, on or about the night prior to Christmas, there did occur

at a certain improved piece of real property (herinafter "the House")

a general lack of stirring by all creatures therein, including, but

not limited to a mouse.

A variety of foot apparel, e.g. stockings, socks, etc, had been affixed

by and around the chimney in said House in the hope and or belief that

St. Nick a/k/a St. Nicholas a/k/a Santa Claus (hereinafter "Claus")

would arrive at sometime thereafter.

The minor residents, i.e. the children, of aforementioned House

were located in their individual beds and were engaged in nocturnal

hallucinations, i.e. dreams, wherein visions of confectionary treats,

including, but not limited to, candies, nuts and/or sugar plums, did

dance, cavort and otherwise appear in said dreams.

Whereupon the party of the first part (sometimes hereinafter referred

to as "I"), being joint owner in fee simple of the House with the parts

of the second part (hereinafter "Mama"), and said Mama retired for a

sustained period of sleep. (At such time, the parties were clad in

various forms of headgear, e.g. kerchief and cap.)

Suddenly, and without prior notice or warning, there did occur upon

such unimproved real property adjacent and appurtenant to said House,

i.e. the lawn, a certain disruption of unknown nature, cause and/or

circumstance.

The party of the first part did immediately rush to a window in the

House to investigate the cause of such disturbance. At that time,

the party of the first part did observe, with some degree of wonder

and/or disbelief, a miniature sleigh (hereinafter "the Vehicle) being

pulled and/ or drawn very rapidly through the air by approximately

eight (8) reindeer and specifically identified the animal co-conspirators

by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner and Blitzen

(hereinafter "the Deer").

(Upon information and belief, it is further asserted that an additional

co-conspirator named "Rudolph" may have been involved.)

The party of the first part witnessed Claus, the Vehicle and the Deer

intentionally and willfully trespass upon roofs of several residences

located adjacent to and in the vicinity of the House, and noted that

the Vehicle was heavily laden with packages, toys and other items of

unknown origin or nature. Suddenly, without prior invitation or

permission, wither express or implied, the Vehicle arrived at the House

and Claus entered said House via the chimney.

Said Claus was clad in a red fur suit, which was partially covered with

residue from the chimney, and he carried a large sack containing a

portion of the aforementioned packages, toys and other unknown items.

He was smoking what appeared to be tobacco in a small pipe in blatant

violation of local ordinances and health regulations.

Claus did not speak but immediately began to fill the stockings of the

minor children, which hung adjacent to the chimney, with toys and other

small gifts. (Said items did not, however, constitute "gifts" to said

minor children pursuant to the applicable provisions of the US Tax

Code).

Upon completion of such task, Claus touched the side of his nose and

flew, rose and/or ascended up the chimney of the House to the roof

where the Vehicle and the Deer waited an/or served as "lookouts." Claus

immediately departed for an unknown destination.

However, prior to the departure of the Vehicle, Deer and Claus from the

House, the party of the first part did hear Claus state and/or exclaim:

"Merry Christmas to all and to all a good night!" Or words to that

effect.

Surge of 18-wheeler Accidents in Northwest Louisiana

2011-12-15T18:39:00.000-06:00

As you know, most of my practice is devoted to representing trucking companies involved in accidents. Although most accidents happen in South Louisiana along Interstate 10 between Houston, Texas and Mississippi, there are still a number of accidents occurring in North Louisiana along the I-20 corridor on the northern part of the state and along I-49 which runs north-south on the west side of the state.

In the last few two weeks, the following incidents have occurred just in parishes of Caddo, Bossier and Webster parishes:

Accident A:

A woman is seriously injured following a wreck late Wednesday (December 14, 2011) night on I-220 in Bossier city, and the driver of the car police originally were told she was driving has been cited.

The crash happened at about 11 p.m. Wednesday night on I-220 at Benton Road involving a car and an 18-wheeler as they were both traveling westbound. An investigation indicates the car, a 2000 Ford Taurus, cut in front of the 18-wheeler and made contact with the rig's front bumper. That caused the car to spin and strike the inside guardrail of the Benton Road overpass. A passenger in the Taurus, 27-year old Victoria Gillins of Shreveport, was ejected from the car and sustained what appeared to be life threatening injuries. Her 3-year year old son, Loyal Gillins, was also injured as was the driver, 29-year old Jim Ware of Shreveport.

All three occupants of the car were taken to LSU Hospital by Bossier City Fire Department personnel. None were wearing safety restraints.

The driver of the 18-wheeler was not injured. Ware initially told police that Victoria Gillins was driving the car at the time of the crash but later confessed that he was actually behind the wheel.

Accident B:

The eastbound on ramp to I-20 from I-220 is closed due to a single vehicle rollover crash involving an 18 wheeler with a full load of apples.

Eastbound traffic on I-220 is now being temporarily detoured onto Highway 80 to accommodate the wrecker crews while they work to upright and haul off the 18-wheeler.

According to Bossier City Public Information Officer Mark Natale, the driver lost control of his rig as he was traveling on the ramp resulting in his load shifting, causing the rig to rollover onto its side.

The driver was shaken up but not injured. A heavy duty wrecker has been dispatched to the scene to upright the rig and haul it away.

The load of apples did not spill as a result of the crash.

Accident C:

I-20 westbound in Webster Parish will be closed for the next few hours as crews clean up an accident involving an 18-wheeler.

The wreck happened about 7:00 a.m. Monday morning (December 11, 2011). Louisiana State Police say the truck driver somehow lost control of the semi, flipping it over onto its side. The truck spilled its load of rubber products, which crews are working to clean up. At the moment, I-20 at the Dixie Inn exit (exit 44) is closed. Drivers are being diverted at the Dixie Inn exit to Highway 80.

Accident D:

Two Halliburton 18 wheelers collided on Tuesday, November 29, 2011 in a chain-reaction semi truck accident in Bossier City, LA.

Accidents E and F:

Over the weekend of December 10, 2011, Two separate 18-wheeler accidents on Interstate 20 over the weekend claimed two lives. One of the victims was a four-month-old infant.

The crash on Sunday happened about three o'clock on Interstate 20 eastbound in Bossier Parish just past the I-220 exchange. That accident killed a female driver and sent her passenger to LSU Hospital with critical injuries. Sgt. Joseph Mondello with the Louisiana State Police said, "The tractor-trailer driver did not see the traffic stop and ran into the rear of a Ford Taurus and the driver was killed on the scene."

"It's a really tragic day here on I-20. it's supposed to be a festive time of year, but this is anything but." That was the response from Shreveport Police Spokeswoman Kacee Hargrave said about the first accident on Saturday. In that crash, a Lincoln had slowed down on the interstate in the westbound lane near the Hearne Avenue Exit because of construction. An 18-wheeler driven by Milton Dawkins hit the back of the Lincoln, killing the four-month-old baby boy and putting his mother, 26-year-old Claudia Salley to LSU. She remains in critical condition as of Sunday night.

How to Avoid Being Involved in an 18-wheeler accident:

Unfortunately, many people assume that big-rigs can maneuver as quickly and as easily as a passenger vehicle. That is simply not true and you must give the rigs room to maneuver.

1. Don't swerve into the path of of 18-wheeler.

2. Sometimes rigs have to make wide right turns, which means they must veer to the left to turn right. If you see that, don't speed up and try to pass on the right of the rig.

3. Use some common sense, such as wearing your seatbelt and avoiding the highways during bad weather.

4. Always leave plenty of space between your vehicle and the 18- wheeler as the braking response is much slower in this truck because of its size.

5. When passing an 18-wheeler, remember if you cannot see the mirrors on that truck, then the truck driver probably cannot see you either.

6. When you see an 18-wheeler on the highway, give it your immediate attention.

For the millions of miles that 18-wheelers are on the road, they are actually involved in significantly fewer accidents than passenger-passenger vehicles; however, because of the power of the 18-wheeler, they tend involve more fatal accidents.

Don't call me if you are involved in an accident with big rig. I represent the trucker! Most of truck driver are solid citizens and careful drivers. They are diligent and careful.

They bring you everything that is within your reach. Whether it's a coffee mug, camera, note pad or candy bar. None of these items would be available to you unless it was transported from the manufacturer to the seller. The next time you grip about truck drivers, remember what you wouldn't have if they didn't bring it and remember that most of them are safe and dependable drivers.

Often it's the passenger vehicle that does something wrong. Then the truck driver gets blamed for it. Don't get me wrong, drivers of big rigs aren't always right, but they aren't always wrong either.

Be safe!

Christmas? Already?

2011-12-13T18:47:00.000-06:00

Well here I am again. Another year nearly gone and I feel like there is so much remaining undone.

I actually love the Christmas Season, but I have always struggled with "when it's over." I almost cannot enjoy the season because "when it's over" I have so much to do. I wonder where that comes from?

I also tend to stay up late because what will I do when this day is over? What will I do when the weekend is over? What about when 2011 is over?

Of course, I will start over because I have no choices, but who really wants to do that? Most people! Yet for me, it's another year to start another ledger, new deadlines, hope for a better year and so many other things going on.

I prefer things to add up, to build up; not to start over. I guess I'm not so much of new starter, as I am a long-term finisher.

I wonder what that says about me?

Oh well. Merry Christmas and Happy New Year.

It will be a new year no matter what, so we may as well enjoy what we have now and not worry about when it's over.

Victims likely to sue Penn State

2011-11-12T08:00:00.003-06:00

By Lester Munson
ESPN.com

In addition to investigations by the U.S. Department of Education, the attorney general of Pennsylvania and the Penn State University board of trustees into allegations of sexual abuse by former football assistant coach Jerry Sandusky, the university and Joe Paterno likely will soon be facing civil lawsuits from the victims of Sandusky's alleged perversity.

Seeking money damages for horror of the assaults and for the damage to their lives, the victims, their families and their lawyers can be expected to target the school, its administrators, athletic department officials, Paterno and anyone else they can identify who helped enable Sandusky or who had a role in covering up what he allegedly did.

The lawsuits will follow a pattern established in similar cases against priests and parishes of the Roman Catholic Church and against Boy Scouts organizations in the Pacific Northwest.The process begins with letters from the victims with legal demands. The letters will lead to meetings and to settlement discussions with university officials and, more importantly, with the school's liability insurance companies. In situations as explosive as the Penn State situation, these discussions can lead to financial agreements that would avoid further publicity and allow both sides to walk away reasonably satisfied with the outcomes.

If a private settlement cannot be concluded, the victims will file public lawsuits, igniting another round of news coverage. This can be as difficult for the victims as it will be for the university. As the lawsuit progresses through the courts, there is the strong possibility of additional revelations as the lawyers dig deeply into Sandusky and to the roles played by Paterno and others.

Another potential target of the lawsuits will be The Second Mile foundation, the charity that Sandusky founded in 1977 and, according to the grand jury's findings, became the source of his various victims. The foundation's assets might become a major factor in both the litigation and the settlements if the victims and their lawyers are able to prove the pattern of exploitation that the grand jury described in its report.

In their lawsuits, the victims will demand enormous sums of money damages. They will seek compensatory damages for their actual losses, and some may seek punitive damages as the result of the egregious circumstances that allowed Sandusky to harm numerous victims. It is difficult now to estimate the values of the settlements or jury verdicts that may result from these lawsuits. Although it is expected that these alleged assaults have caused life-altering damage to the victims, the specific stories of each victim will be major factors in determining value. And, in an odd way, the limits of liability insurance policies are always a factor in settlement negotiations.

It can be easier to settle with an insurance company than it is to settle with an institution that must sell assets to pay a settlement. Whether it's insurance money or university money, it will involve millions of dollars, even tens of millions of dollars, before all claims are resolved.

These cases can take as long as two years to resolve. In the cases involving priests and parishes, the litigation has taken even longer. All involved can look forward to numerous court appearances, depositions and endless meetings with lawyers and insurance companies.

You gotta love dogs!

2011-11-11T15:15:00.001-06:00

I have had dogs all my life (except while I was living in Baton Rouge at law school). I don't understand people who are cat lovers and I don't understand how people cannot be dog lovers.

My first dog was Pierre. It was actually Mom's dog, but I considered all of our dogs MINE. Pierre was a poodle mixed with something else. I was probably too young to really appreciate Pierre, but one thing I remember about Pierre was that he was almost killed by a German Shepherd.

At first, my sister and I tried to beat the bad dog off Pierre, but as soon as our maid, Alice Taylor, saw what was going on, she ran outside and started to beat the German Shepherd with a broom even though she was deathly afraid of dogs. No doubt, Ms. Taylor was more concerned about the safety of my sister and me than she was Pierre!

Pierre had a punctured lung, but he was operated on and lived for several more years. As I write this blog I recall Pierre lying in the ditch with blood all over his torso and it makes me recall a time when I was twelve and saw a boy get killed only a few feet from me. That's another story for another time.

My next dog was Beaux, who I adopted from the Humane Shelter, where I worked on the weekends when I was in junior high. I probably earned less than $40.00 per day, but I got a great deal with Beaux. He was part miniature Collie and part something else. I taught him to sit and shake, but his best quality was that he knew when you were blue and always had the ability to cheer me up. He would push my bedroom door open and lay his head on my hand until I would acknowledge him. Beaux died while I was in law school.

Growing up, I also had hamsters, birds (Dickie and Icarus), and ducks (Chauncy and Cornelius). My sister had a fat cat named Sir Walter Raleigh. One time, I came home and Dickie's bird cage was knocked over and I was sure the Sir Walter Raleigh had eaten him, but fortunately Dickie outmaneuvered Raleigh by jumping for chair to chair -- he couldn't fly! Not too many months later, Dickie died.

In recent years, my family has had NO CATS because we are terribly allergic, but we have had three dogs in the last 18 years. First, we had Lizzy, a miniature something -- I can't recall. She was very territorial of me and Joan and had a tendency to be mean to every kid, even our own. Yet in her later years, she went blind and was really dependent on us. We would clap and she would follow our voices.

When she died, my wife grieved for several months and told me she would never get another dog. Until one of my associates, Tyler Long (now a priest in Monroe), needed to adopt his toy schnauzer.

I wanted to have another dog, but my wife was not sure...until she learned her name: Gracie. We decided to let Gracie stay overnight to see if she would like us. Tyler delivered her and the little sweetie was shivering when she first came to our house, but she had her red tennis shoe with her to make her comfortable.

Immediately, Gracie became a member of the family. She is now about eight years old, partially toothless and is so much a part of the family that she has her own chair AND is prominently featured in one of high school senior portraits with our twin daughters.

In the Winter of 2009, we decided that Gracie needed to have a "friend" so we bought another toy schnauzer puppy about three months old. At first, we thought he would be toy, but his nose and paws seemed too big. Sure enough, a few months later the dog we thought was a toy is actually just a miniature, but still twice the size of Gracie. We named our new pet, Petey.

Gracie barely tolerates him, but Petey keeps trying. He's such a "galloot" as I say. I don't know if that is a real world, but it seems to fit Petey because he is so "gallooty."

I bet many of my friends and clients have pets, but do you consider what to do with them if the die? I know, it's not like planning for the guardianship of your children, but if you are a pet-lover you probably should make a plan on what you want done with your beloved pet. It's easy enough to bequest your pet in your will. Think about it.

Also, have you considered the applicable laws in Louisiana if your pet is hurt? There really are means for compensation.

Also, what about the occasions when you hear about animals being mistreated? Do you know the applicable laws?

If you want to know more about the specific statutes dealing with animal cruelty or want to know what do with your pet when you die, give us a call.

Take care.

Stupidity of Penn State Students!

2011-11-11T12:07:00.001-06:00

I find it completely ridiculous that anyone would riot over the termination of Coach Paterno!

Have these idiots considered the children and their families who may have been prevented being abused had the supervisors of Sandusky reported him to legal authorities?

Okay, I realize that accusations of this nature may not be true and it would terrible to ruin a career over accusations, but come on! Apparently one of the coaches who is still employed at Penn State actually saw Sundusky in the shower with 10 year old boy!

Why would he say that if it wasn't true? Even if it wasn't true, why didn't he or one of HIS superiors report this to the police for an investigation?

Because the Penn State wanted to protect their image and income! I'm sure the university has made a truck-load of money over the years from their great football program, but NOW they will pay a truck-load of money over the lawsuits that are likely to come out from the university's negligence in failing to protect these kids.

I wonder if the claims of the children have prescribed? From what I have heard, they occurred over ten years ago and in some states the time period to file a claim is one to three years after the child has reached his/her 18th birthday. So let's say that one of the boys Sundusky allegedly raped was 10 in 1999, then he would turn 18 in 2008. If the statute of limitations in Pennsylvania is three years following his 18th birthday, then a lawsuit would have to be filed this year, 2011.

I looked up the issues specific to Pennsylvania and apparently the statute of limitations for a child under 12 is twelve years after he/she turns 18.*

I don't know if the same time period would be extended for the negligence of Penn State supervisors, such as Paterno. In any case, it's stupid for the students to be outraged over the firing of Paterno when they out to be outraged that Paterno didn't take a more active role in protecting the boys.

Am I missing something? I welcome your comments.

* The Pennsylvania statute of limitations for sexual offenses against children does not start to run until the child reaches age 18 (on the theory that, before then, he/she is not competent to decide whether or not to file a complaint). Then, the statutes of limitation vary, depending upon the severity of the underlying offense. For example, the statute of limitations for "sexual abuse of children" is 12 years. So, charges could theoretically be brought any time before the child turns 30. This appears at 42 Pa.C.S.A. 5552. ("Pennsylvania ConsolidatedStatutes Annotated") However, police will be more interested in recent crimes (or crimes recently discovered by the parents/guardians) so don't put it off too long if you are going to go forward.

Passion to Protect Non-Profit Groups

2011-11-10T15:30:00.004-06:00

It's no secret that I have a passion for non-profit organizations. Whether it's the local church, local missions for the homeless or foreign missions to the Amazon, Africa or Mexico, I love what these groups are doing. I suppose there are groups big enough for in-house general counsel (such as the the NRA, ACLJ, ADF and so on); however, many non-profits muddle through hoping that there will be no problems or they rely on the pro-bono assistance of private attorneys when an emergency arises.

Unfortunately, most lawyers are NOT focused on the specifics needs of non-profit organizations. One lawyer may know something about insurance coverage, while another focuses on employment laws and another on tax issues. It would be too expensive for a non-profit director to hire several attorneys for each issue so this blog may help some of my friends and associates running non-profit organizations on some key areas to have reviewed...SOON!

I recently read the following from George Constantine of Venable, LLC. The following is edited but completely attributed to Mr. Constantine. If you want to learn more, contact the author at 202-344-4790 or geconstantine@Venable.com.

Litigation.
Nonprofit organizations can be complex and far-flung entities, so do not assume that the litgation matter you h ave all the necessary information. Many nonprofits that engage in advocacy, for example, may file amicus briefs regularly and it is not unheard of for the public policy department rather than legal to guide those activities. Also, larger nonprofits with sophisticated human resources departments may keep information on EEOC or state agency

Many in-house counsel to nonprofit organizations come to their positions without much background on tax-exemption issues. If that is the case, you’ll need to become a quick study and familiarize yourself with the basic tenets of tax exemption and what your organization needs to do (or not do) in order to lessen risk to its exempt status. Study those recent Forms 990 (beyond the key employee compensation section, which you may have already studied during the interviewing phase) and become familiar with what the organization is telling the IRS and the public about its operations.

Take a close look at the tax-exemption application form for your organization (assuming it is on file)—is the organization still doing what it said it would do on its application? If not, how is it different? While you are at it, take a close look at recent audited financials and management letters and see if the files mention anything about potential FIN48 issues that could give rise to significant UBIT exposure or exempt status risk.

Consider having a meeting early on in your tenure with the individual responsible for getting the Form 990 completed and filed for your organization. An early, frank discussion about areas of concern should help immensely as you prioritize. Finally, review the files to determine if the IRS ever audited your organization and, if so, what the results were. The IRS will often close an audit with no change, but may include some “advisories” about corrections that the organization should make to its operations going forward. Of course, those advisories are part of the IRS’s record on the organization and will certainly be referred to by the IRS if a subsequent examination is conducted.

Document Retention Procedures.

While ultimately you will want to review all significant organizational policies (see item 8 below), this

Equally important, are the policies being followed properly? Are there any litigation holds currently in place? If not, should there be? If so, is it time that they can be lifted? While a poor document retention policy or implementation cannot change overnight, starting the process of improving organizational document control should be a priority to lessen organizational legal risks in the future.

Governance Documents.

Look at the organization’s articles of incorporation and bylaws early on in his/her tenure. This is not to suggest a comprehensive governance review/revision; rather, this is a time to read the documents closely and understand how the board is structured, how frequently it should meet, what rights the members (if any) have, etc.

While obvious anomalies should be identified and addressed at this point—are there more board members than are authorized by the documents? Is there inconsistency between the bylaws and the articles?—keep in mind that most nonprofit organizations have routine governance review procedures with involvement by members of the board and other volunteers.

One important tip when it comes to the articles of incorporation review—do not rely on the copy of the articles that may be in the files you inherited; instead, make the small expenditure of obtaining a copy of the articles that is on file with the state of incorporation. Often an organization’s files may not have all amendments. Further, obtaining the articles from the state of incorporation will also give you an opportunity to confirm that the organization is in good standing.

Do not be surprised if the organization is not in good graces with the state due to failure to file an annual report or some other ministerial omission. (While submitting this blog, I took a moment to check to ensure both my personal corporation and church remain in good standing. I am pleased to say that we ARE.)

While you’re looking into the organization’s corporate standing, it also will be a good time to determine whether other state filings are up to date—charitable solicitation registration and reporting, state property or other tax exemptions, corporate status for affiliates, etc.

Leases and Other Contracts.

Familiarize yourself with the major contracts where the organization is a party. Review the office space and other leases the organization has entered into. Is there a renewal date coming up or an opportunity to cancel or amend? Pay attention to the overall contract management procedures and review processes that the organization employs to determine whether they are adequate. If they are inadequate, establishing such a system is a key priority.

Far too often, nonprofit organizations find themselves stuck in transactions with unfavorable terms for a long time simply because of a failure to provide prompt notice of intent not to renew or otherwise take advantage of a one-time “out” opportunity in the deal.

Lobbying and Political Filings.

This one will only apply to some nonprofit organizations, but for those it is very important. Organizations that may be active in legislative or political matters are subject to an array of complex state and federal registration and reporting requirements. While the legal exposure for failures to file promptly or correctly are generally relatively low for first-time offenders, the public relations impact can often be devastating, as your political opponents will no doubt jump on any reports of noncompliance.

Failure to properly abide by applicable tax rules for lobbying expenditures could give rise to significant liabilities. Check with the organization’s chief public policy official and get an understanding for what types of reporting are being done and how the reports are managed. From a longer term perspective, you may want to hone those procedures—it is often the case that a nonprofit organization’s lobbying department may not be using an effective recordkeeping or time-tracking process.

Policy Review.

A review of the organization’s policies (such as the employee handbook or the governance procedures) is a luxury that can wait until later. Not so fast—those policies come often up in litigation and IRS audit contexts, particularly if they are insufficient or not followed. Similar to the governance document review, consider a stepwise approach here.

First, look at the policies with an eye toward familiarizing yourself with how the organization operates—Who maintains the conflict of interest disclosure forms? How long is the organization’s probationary period for new employees?—and identifying glaring problems or omissions. Then, consider scheduling a more detailed policy review and revision for some time later in your tenure.

Internal Controls.

When you have your discussion with the chief financial officer to talk about the Form 990 and other exempt status issues, ask for a review of all internal control policies—issues like check signing authority, procedures for handling payments, and bank account access. Look into what contractors in this area have warranted and what they have disclaimed.

Insurance.

Finally, take a look at all of the organization’s insurance coverages. Many larger nonprofitorganizations may have risk management professionals, either on staff or contractors, who will be able to provide insight into the intended scopes of the coverages as well as some history on why the organization opted for the policies it has. Of course, be certain to give proper notices to the organization’s applicable carrier in the event of litigation or some other event. As part of your review of the coverages, be certain to look at the applicable applications that the organization completed—the disclosures made in those applications will usually form the basis for the scope of coverage granted.

For example, an organization that may have recently begun significant publishing activities that it had not previously engaged in could be under insured on that front if this activity was not disclosed in the applicable application. Consider engaging experienced insurance counsel to get an expert’s take on the organization’s insurance coverages.

Depending on your organization, there are any number of other areas of concern that will need your prompt attention—antitrust risks, copyright and trademark issues, and employee benefit matters, for example. Also, there may be pressure for you to devote much of your initial time to a major matter which may make it tempting for you to set aside the above review until things settle down. Of course, it is likely that things may never settle down entirely, so it is important to cover as many of the items above as promptly as you can and not get caught up solely in one particular issue when you first arrive—doing so will pay dividends later, both for you and for your client.

I hope this information from Mr. Constantine is helpful. As always, if there is anything we can do to assist, please don't hesitate to call us at 318-222-2426. You can also reach me at perkins@perkinsfirm.com.

Take care

Take a close look at the nonprofit’s employment history, particularly as it pertains to recent adverse employment actions. That close look should include a review of demographic information, compensation information, supervisor-specific turnover data, and severance payment history. This review will give you a good idea of how likely employment-related litigation or agency action is in the near term and will help you assess whether there are significant deficiencies in the organization’s employment practices and policies. Consult with the organization’s human resource professionals to determine whether there are currently employees on probation or likely to be terminated—it may be an opportunity to lessen legal exposure.

Tax Filings.

Bad Lawyer Depostion...

2011-11-07T17:56:00.003-06:00

I know you have probably seen this fighting lawyer deposition floating around on Youtube, but if not here it is. Just another example of really obnoxious lawyers. I hope you have never had one of these guys for or against you.

I really don't think people want a "bulldog" as an attorney. They say they do, but most people really just want to get to the truth without abrasive tactics. Personally, I have found that maintaining a calm demeanor and presenting the evidence in a calm, to-the-point manner works best. Jurors cannot stand what these lawyers are doing:

Helping the Homeless in Shreveport!

2011-11-07T16:24:00.000-06:00

I got the following news recently from Cassie Hammett with the Hub ministries:

LOVEWELL CENTER NEWS:

We are so excited to be writing this email to you, as we have INCREDIBLE news to share with you, our volunteer family:

Over the last 60 days we have been raising funds for The Lovewell Project. Our goal was to raise $100,000.00 in 60 days! As we began 60 days ago, we prayed that a GOD SIZED thing would happen for The Lovewell Project in our city and that we would be able to give ALL glory to Him, no matter what the outcome!

We are excited to announce that the grand total of The Lovewell Project was $120,000.00!!! This is an amazing thing that God has done!! We are so blown away by His provision and by your involvement in helping this all come true.

We want to thank recording artist Mercy Me for being the encouragement we needed and for supporting The Hub through this project! We also want to thank EVERY SINGLE PERSON who gave towards the project. No matter what amount you gave, you will forever be a part of changing our city and will be a part of The Lovewell Center's story. God used your giving and your excitement to do something we never imagined possible! Glory to Him for EVERYTHING that He has done for the "least of these".

THANK YOU THANK YOU THANK YOU if you gave, promoted, retweeted or passed along this project! We will never be able to communicate our gratitude and excitement!

We will keep you updated on news about The Lovewell Center. We will begin the process of purchasing the property over the next few weeks and would GREATLY APPRECIATE your prayers!

We are beginning our process of remodeling this month. If you are in the construction business or know people who are and would like to donate your time or services, PLEASE let us know! We are also still raising money to pay for the remodeling!

God is good. We give him all of the glory for what He has done.

LSU Football: a lesson in being humble and fighting the good fight

2011-11-06T17:16:00.000-06:00

I have rarely been to a LSU game in person, unless I was so high up that my ears pop! Yet, I love to watch college football.

I am not much of a fan of professional sports, until the World Series, playoff, Superbowl etc., but I like college sports. I'm sure there are plenty of obnoxious arrogant players and coaches (ie Nick Saban), but there are others who are strong builders of character.

Last night's game between LSU and Alabama was a great game. I really enjoyed seeing arrogance being beaten down even though there was no guarantee that the noble virtue of humility would prevail. In THIS case, it did! Go Les Myles.

In my job of defending companies who have been sued, I often fret more over beating the arrogance out of the opposing attorney. Sometimes I do. Sometimes I don't, but I keep fighting the good fight of striving to ferret out the truth and doing battle against those who think too highly of themselves and their cases.

Battling against arrogance may not be the most noble motive in the practice of law, but there are plenty of battles available. Why are some lawyers so arrogant and condescending? What does it gain them to act like that?

What do you think?

Bad Lawyers!

2011-11-04T17:56:00.000-05:00

Like every other lawyer, I have had to deal with some pretty obnoxious attorneys on the "other side." I suppose there may be some lawyers who might say the same thing about me, but I hope it is very few.

Most of the lawyers I deal with are straight-forward zealous advocates who don't take things too personally. Yet, there are a few who have almost caused me to burn my license and become a bait-salesman. It wouldn't be so much different dealing with slimy worms in either job!

The arrogant, condescending attorney grates on my nerves, but I really can't stand the attorney who purposely flaunts the rules of ethics and principles of professionalism just to get an advantage. I recall one lawyer from Alabama who would make editorial comments and snide remarks in his deposition simply to annoy the deponent. We were constantly calling him down for inappropriate questions!

There are the lawyers who hide information and delay information. There are those who try to pick fights with the witness, but I recently saw "Five Godawful YouTube Video Depositions" on the website www.bitterlawyer.com. I wanted to post the WORST one in my opinion, but I am unable to download, but I recommend that you go to the site and view the clip of the deposition that made its rounds in 2007. It involves a lawsuit between Testmasters and Blueprint Test Prep. It also involves generally outrageous deposition behavior of the defending attorney, Joseph Kouri.

I found some some information following the deposition in which the defendants, represented by Kouri, were sanctioned. Frankly, I think the lawyer should have been sanctioned. Perhaps he was.

Go to www.bitterlawyer.com and then check out the next page of my blog to see some of the sanctions levied against the defendants for the attorney's bad acts.

If anyone knows about what happened to the defense attorney, let me know.

An Unspoken Plea

2011-11-01T19:00:00.029-05:00

This is a video from Sermon Spice. I bought because it's raw and honest and it's a hard comment on the "church." I see many people attending church because it's the "social thing to do."

I know you may find this hard to believe, but I have issues. I am pretty well screwed up in a lot of ways, but I never found it easy to share my struggles within anyone in the "church." It seems to me that in the "traditional church" setting, many people don't feel comfortable with sharing their issues and struggles. It's a pretty scary place to admit that, even as a Christian, you have struggles, fears, doubts, issues.

If you are a Christian with struggles, but afraid to share those fears and doubts, take a risk.

If you are not a Christian and you're afraid to share your struggles, take a risk.

Start with me.

Believe me. NOTHING shocks me!

Have a great day

Should I go to the Amazon on My 50th Birthday?

2011-10-25T19:35:00.000-05:00

On February 16 2012, my father's mother (Granny to me) would have turned 100 had she lived. I was born on my Granny's 50th birthday and I will BE 50 this coming February 16, 2012.

It's so odd to think that my grandmother was not even 70 when she died from dementia-related complications. As I recall I was about 16 or 17 when she died so obviously she was about 66 or 67. My father has already lived longer than both of his parents. He will turn 78 in April.

So I suppose that in these times of contemplation, the questions of significance arise. I have no regrets in becoming a lawyer because I have provided well for my family even though I am by no means a "wealthy lawyer." Also, marrying Joan was certainly one my best decisions in life. I could not imagine living life without her, nor could I imagine life without Jessica and Erica.

I think that the best accomplishment I have had in life is being their father. I have not always been the best husband or lawyer, but for some reason, I think being a father suited me pretty well. I cannot say that I did it all right, but I can say that I was very focused on being a good father. I look forward to the day I will be a good grandfather. As far as I know, that time is not anytime soon.

In the meantime, what will I do for my 50th year? I am seriously considering going on mission to the Amazon with my daughter Erica. I have not prayed about because I think I SHOULD do it. Often times, we "pray" about doing things simply as a means to avoid making a commitment.

I can think of ten reasons NOT to go on this mission, but the primary reason TO GO is because we are commanded to GO. I am not saying this to put any guilt on anyone else, but to remind myself that if I can, I should.

So what do you think? Would you go if you could? Should I go?

I am really curious about your reasoning about why I should or shouldn't go?

Take care,

Mark

Strange issues of Reconciliation

2011-10-13T20:00:00.002-05:00

Strange thing when people you have known and had close working relationship, later don't speak or even acknowledge you. I believe that any concern or frustration can be resolved if there is open communication.

Too often lawyers hide behind discovery and fail to talk out issues. From what I hear, there was a time when lawyers talked about the issues in a case. Now, the system has become so adversarial, confrontational that cases take too long and too much money is spent to resolve disputes.

In the same way, when there is an issue between you and someone else, talk it out. Share your concerns. Explain the frustrations. Work it out! You may not be friends or business partners, but at least the air is clear.

At least, that's the way I see it.

Have a great day!

Mark

Inspiration for Missions

2011-10-06T17:21:00.001-05:00

If a commission by an earthly king is considered a honor, how can a commission by a Heavenly King be considered a sacrifice?" – David Livingstone

"Sympathy is no substitute for action." – David Livingstone, missionary to Africa

“We all have to wait until the astonishing discoveries will one day be made, and find out whose faithful prayer in hospitals, prisons, jungles, wheelchairs, crowded city apartments, cabins in the woods, farms, factories, or concentration camps has been a part of a specific victory in snatching someone from a circle of death, or in breaking chains so that there seems to be an ease for that one in stepping into new life. I feel sure that we’ll be surprised beyond measure to discover who or how many will receive the rewards for their part in taking literally and with simple faith and trust the responsibility to intercede, to pray, to make requests day in and day out.” – Edith Schaeffer

"Any church that is not seriously involved in helping fulfill the Great Commission has forfeited its biblical right to exist." – Oswald J. Smith

"Missions is not the ultimate goal of the church. Worship is. Missions exists because worship doesn't." – John Piper

"We talk of the Second Coming; half the world has never heard of the first." – Oswald J. Smith

"If God calls you to be a missionary, don't stoop to be a king" – Jordan Grooms

"If ten men are carrying a log – nine of them on the little end and one at the heavy end – and you want to help, which end will you lift on?" – William Borden, as he reflected on the numbers of Christian workers in the U.S. as compared to those among unreached peoples

When James Calvert went out as a missionary to the cannibals of the Fiji Islands, the ship captain tried to turn him back, saying, "You will lose your life and the lives of those with you if you go among such savages." To that, Calvert replied, "We died before we came here."

"Someone asked Will the heathen who have never heard the Gospel be saved? It is more a question with me whether we – who have the Gospel and fail to give it to those who have not – can be saved." – Charles Spurgeon

"God is pursuing with omnipotent passion a worldwide purpose of gathering joyful worshipers for Himself from every tribe and tongue and people and nation. He has an inexhaustible enthusiasm for the supremacy of His name among the nations. Therefore, let us bring our affections into line with His, and, for the sake of His name, let us renounce the quest for worldly comforts and join His global purpose." – John Piper

"People who do not know the Lord ask why in the world we waste our lives as missionaries. They forget that they too are expending their lives ... and when the bubble has burst, they will have nothing of eternal significance to show for the years they have wasted." – Nate Saint, missionary martyr

"Tell the students to give up their small ambitions and come eastward to preach the gospel of Christ." – Francis Xavier, missionary to India, the Philippines, and Japan

"The mark of a great church is not its seating capacity, but its sending capacity." – Mike Stachura

"Love is the root of missions; sacrifice is the fruit of missions" – Roderick Davis

"If the Great Commission is true, our plans are not too big; they are too small." – Pat Morley

"I believe that in each generation God has called enough men and women to evangelize all the yet unreached tribes of the earth. It is not God who does not call. It is man who will not respond!" – Isobel Kuhn, missionary to China and Thailand

"The best remedy for a sick church is to put it on a missionary diet." – Unknown

"Two distinguishing marks of the early church were: 1) Poverty 2) Power." – T.J. Bach

Why Missions?

2011-10-05T15:47:00.001-05:00

My friends, Justin Haigler and Bill McConathy, and my children (Jessica, David, Erica and Michael) have inspired me to be more mission minded. When I was a young Christian in the mid 1970s, "mission work" was a full-time position in foreign land. There was no one that I knew of who encouraged the average person to go on "mission."

From seeing the passion of my children who have been on mission in Mexico, Africa and China and from the passion of my friends who remind me of Christ's command to GO to ALL the nations, I have begun to understand the heart of God.

Many will say that one does not have to go across the world to be in mission. I agree! Yet, how many of us even help our neighbor in time of need, much less the homeless man living off the street or the abused family living in fear in homeless shelter? Even as I write this, I am ashamed to admit that I have been too busy to help with local missions, such as The Hub or the Shreveport Bossier Rescue Mission or the Philadelphia House.

Why? Why am I still reluctant to be on mission when I know it's the heart of God. I also know how good it is for me personally. I find that when I am focusing on the needs of Emmanuel in Africa or the work that is being done through Amigo Fiel, or even with the Native Americans or Native Canadians, then I am less concerned about my personal needs and struggles.

Honestly, how bad do I have it just because I am faced with a deadline or have not been paid as timely as I would like? I am not living in mud-hut with no plumbing. I have medical care and plenty of food. Being on mission gives me broader perspective.

I plan to go to Jaurez again this Winter to help with Samaritan's Purse through Amigo Fiel. Many of you know that Juarez is one of the most dangerous cities on Earth, literally; however, we have friends in Juarez and they need help.

Also, my daughter Erica asked me to consider going to the Amazon with some of the folks from Chapel on the Campus. This trip would be in February and I cannot think of better way to celebrated my 50th birthday than on mission in the Amazon with my daughter. However, this trip will be very expensive. It will cost well over $3000 to attend. I cannot do this without some help. Over the years, I have give a lot of money for others to go on mission, now I need the contributions of others to go on mission.

The following are some excellent quotes on "why missions." Perhaps, they will inspire you to stick your toe in the water for mission. If you're not quite ready to be ON mission, I would appreciate your prayers for the possible mission trips coming up for me.

"It is Surrender" – Eric Liddell on his death-bed

Most of us only think about Eric Liddell as ‘the man who wouldn’t run on Sunday’, about whom about the Oscar winning movie ‘Chariots of Fire’ was made. Liddell achieved a greater prize than Olympic Gold later on in his life. After the Olympics, Liddell returned to China to work as a missionary. His family, originally from Scotland, worked in China during the time of the Boxer Rebellion. Liddell worked as a teacher at a school for Chinese boys at which he taught chemistry and organized sports. He married in 1934 and in 1936 China prepared for war as Communist and Nationalist tensions increased. Liddell was asked by the London Missionary Society to give up his work in Tientsin, and work as a village evangelist in Siao Chang. This was a dangerous area.

"Today Christians spend more money on dog food than missions" – Leonard Ravenhill

Born in Leeds, in Yorkshire, England, Ravenhill was educated at Cliff College in England and sat under the ministry of Samuel Chadwick. His evangelistic meetings during the Second World War drew large crowds. Many converts devoted themselves to Christian ministry and foreign missions. In 1950, Ravenhill and his family moved from Great Britain to the United States. In the 1960s they traveled within the United States, holding tent revivals and evangelistic meetings. Among others influenced by Ravenhill were Ray Comfort, Ravi Zacharias, Tommy Tenney, Steve Hill, Charles Stanley, Bill Gothard, Paul Washer, and David Wilkerson. He was a close friend of pastor and writer A. W. Tozer.

"The Great Commission is not an option to be considered; it is a command to be obeyed" – Hudson Taylor

Hudson Taylor (1832-1905) was an English missionary to China. Founded the China Inland Mission which at his death included 205 mission stations with over 800 missionaries, and 125,000 Chinese Christians.
For some time he considered the question of adopting Chinese dress, and finally decided to do so, believing he could accomplish more for the Lord in that way. He had his head shaved, leaving a little hair which would grow into a Chinese cue [hair tied at the back of the head in a braid], and with baggy trousers, white calico socks, satin shoes, and to complete the costume, a loose silk gown with wide sleeves, he attracted less attention, and won the hearts of the natives as he could not do when in English dress.

"To stay here and disobey God – I can't afford to take the consequence. I would rather go and obey God than to stay here and know that I disobeyed." – Amanda Berry Smith

Born a slave on a farm in Long Green, Maryland, about twenty miles north of Baltimore, Amanda Berry Smith (1837–1915), rose from slavery and poverty to become a world famous Methodist evangelist. A black washerwoman, she witnessed the Spirit like Christian women throughout the centuries who have been used by God.
She became a legend in her own time, as a result partially by her correspondence published in Wesleyan/Holiness, Methodist Episcopal, and African-American Methodist periodicals from the 1870s until her death and the publication of her book An Autobiography: The Story of the Lord's Dealings with Mrs. Amanda Smith, the Colored Evangelist: Containing an Account of Her Life Work of Faith, and Her Travels in America, England, Ireland, Scotland, India, and Africa as an Independent Missionary. Chicago: Meyer & Brother Publishers, 1893 -- which sold widely and has been republished several times.

“The whole idea of the prayers of the saints is that God’s holiness, God’s purpose, God’s ways may be brought about irrespective of who comes or goes.” – Oswald Chambers

Oswald Chambers was a prominent early twentieth century Scottish Protestant Christian minister and teacher, best known as the author of the widely-read devotional My Utmost for His Highest.
Chambers was born 24 July 1874 in Aberdeen, Scotland. He accepted Christ in his teen years. While walking home from a service conducted by Charles Spurgeon, he mentioned to his father that, had there been an opportunity, he would have become a Christian. Chambers developed quickly in his faith, but did not plan to go into ministry. An unusually gifted student, Chambers soon started teaching classes. Finally, after four years of spiritual dryness, Chambers realized that he couldn't force himself to be holy.

Once he realized that the strength and peace he was looking for was Christ himself, Christ's life in exchange for his sin, he experienced great renewal so much so that he described it as a "radiant, unspeakable emancipation." With new-found strength, Chambers traveled the world, stopping in Egypt, Japan, and America. It was on one of his trips to America that he met Gertrude Hobbs. In 1910 he was married to Hobbs, whom he affectionately called "Biddy". On 24 May 1913 Biddy gave birth to their only daughter, Kathleen.

In 1915, feeling called to the war effort (World War I), Chambers applied and was accepted as a YMCA chaplain. Chambers was assigned to Zeitoun in Egypt, where he ministered to Australian and New Zealand troops who were later part of the disastrous Battle of Gallipoli. Chambers died 15 November 1917 in Egypt as the result of a ruptured appendix. He suffered the extreme pain of appendicitis for three days before seeking medical attention, refusing to take a hospital bed needed by wounded soldiers.

"The spirit of Christ is the spirit of missions. The nearer we get to Him, the more intensely missionary we become." – Henry Martyn, missionary to India and Persia

Henry Martyn (18 February 1781 – 16 October 1812) was an Anglican priest and missionary to the peoples of India and Persia . Martyn arrived in India in April 1806, where he preached and occupied himself in the study of linguistics. He translated the whole of the New Testament into Persian (modern Iran) language. On 16 October 1812 he died. He was remembered for his courage, selflessness and his religious devotion.

"He is no fool who gives up what he cannot keep to gain that which he cannot lose" – Jim Elliot, missionary martyr

Many people thought it was a tragic waste of a life when Jim Elliot and the other four missionaries died trying to contact the unreached Aucas. Yet, how many Christians would risk their life for an opportunity to share the gospel? Jim Elliot, a young modern martyr, gave what he could not keep and gained what he could not lose.

A ‘missions’ statistic that profoundly challenged Jim was, “There is one Christian worker for every 50,000 people in foreign lands, while there is one to every 500 in the United States.” Early in 1952, Jim Elliot sailed for Ecuador. The plan was to locate in an old oil station that was abandoned because it was considered too dangerous for oil personnel. It was close to the Auca tribe and had a small airstrip. The Aucas were a violent and murderous tribe and had never had any contact with the outside world. Jim wanted to bring the gospel there so he started a plan which was called Operation Auca.

”I wasn’t God’s first choice for what I’ve done for China. I don’t know who it was. It must have been a man—a well–educated man. I don’t know what happened. Perhaps he died. Perhaps he wasn’t willing. And God looked down… and saw Gladys Aylward. And God said, ‘Well, she’s willing.’” – Gladys Aylward

Aylward was born on February 24, 1902, in Edmonton, in Middlesex, England, the eldest of three children of Thomas John Aylward and Rosina Florence Whiskin, the daughter of a boot maker. Aylward had only an elementary education before going to work as a store clerk, a nanny, and finally a parlor maid. Both parents believed in “active Christianity.”

In 1932, Aylward set sail for the east from Liverpool, carrying all her worldly goods: a bedroll, a kettle and saucepan, canned food, nine pence in cash, and a small book of travelers’ checks. Her parting words to her parents: “Never get me out [of China] or pay ransom for me. God is sufficient.”

After a lengthy train trip on the Trans-Siberian Railway, Aylward found Jeannie Lawson in Yangzheng, in the northern Chinese province of Shanxi. There, the two British women established a travelers’ inn for mule drivers, providing food, shelter, and free lessons on the Gospel.

In 1937, while Chinese communists and nationalists were fighting one another for ascendancy, Japan invaded China, and by 1938, Japan’s military controlled most of eastern China. Shanxi province, too, succumbed to Japan’s superior forces. In 1940, Aylward shepherded 100 children out of the occupied territory and marched with them across the Yellow River to safety. At Fufeng, Aylward collapsed from exhaustion, and she was recuperating when word reached her that the China Inland Mission, the organization that had refused to sponsor her years before, offered to buy her a round-trip ticket to London where she could continue to mend.

Aylward spent the last 12 years of her life in Taiwan (the home of Chiang Kai-shek’s Chinese nationalists after the communist revolution of 1949). Still practicing active Christianity, she operated an orphanage in Taipei until her death on January 3, 1970.

“We never know how God will answer our prayers, but we can expect that He will get us involved in His plan for the answer. If we are true intercessors, we must be ready to take part in God’s work on behalf of the people for whom we pray.” – Corrie Ten Boom

“The motive is this, ‘Oh! that God could be glorified, that Jesus might see the reward of his sufferings! Oh! that sinners might be saved, so that God might have new tongues to praise him, new hearts to love him! Oh! that sin were put an end to, that the holiness, righteousness, mercy, and power of God might be magnifi ed!’ This is the way to pray; when thy prayers seek God’s glory, it is God’s glory to answer thy prayers.” C. H. Spurgeon

"As we have a high old time this Christmas may we who know Christ hear the cry of the damned as they hurtle headlong into the Christless night without ever a chance. May we be moved with compassion as our Lord was. May we shed tears of repentance for these we have failed to bring out of darkness. Beyond the smiling sce...nes of Bethlehem may we see the crushing agony of Golgotha" – Nate Saint, two weeks before he was martyred by the Aucas

Even if the Earth crumbles under my feet

2011-10-03T15:45:00.002-05:00

Even when the rain falls
Even when the flood starts rising
Even when the storm comes
I am washed by the water

Even if the ones I love turn around and crucify me
I won't never ever let you down
won't fall, won't fall, won't fall as long as you're around me

Even when the rain falls
Even when the flood starts rising
Even when the storm comes
I am washed by the water

Washed by the Water by Need to Breathe

I believe that no matter how difficult times get, I have hope. Not necessarily for an easier life or more money, but that God will see me through the hard times. Even in the hard times, He is worthy to be honored and praised. It's not always easy when there is death in the family, intense financial stress or defeats and failures in life. Yet, I have experienced and believe the words of Habakkuk 3:17-19:

Though the fig tree does not bud
   and there are no grapes on the vines,
though the olive crop fails
   and the fields produce no food,
though there are no sheep in the pen
   and no cattle in the stalls,
yet I will rejoice in the LORD,
   I will be joyful in God my Savior.
The Sovereign LORD is my strength;
   he makes my feet like the feet of a deer,
   he enables me to tread on the heights.

Red River Revel 2011 - My favorite festival!

2011-10-02T14:37:00.000-05:00

The Red River Revel Arts Festival, the largest outdoor arts festival in North Louisiana, attracts 180,000+ people to the Shreveport riverfront from October 1-8, 2011.In years past, George Clinton and Parliament Funkadelic, Keith Urban, and The Band Perry have amazed our great Revel crowds.

The Revel brings over 140 visual artists from around the country to sell their creations in Ceramics/Pottery; Computer Generated Art; Drawing; Fiber; Glass; Graphics/Printmaking; Jewelry; Metal; Miscellaneous; Mixed Media; Oils & Acrylics; Photography; Sculpture; Watercolor; and Wood.

Some of the entertainers this year are Better than Ezra, The Hunt Family,The Grascal and Civil Twilight.

The FOOD...oh yes, the food! Don't forget all of the scrumptious food provided by many of our great local non-profit organizations.Natchitoches meat pies, catfish, ribeye sandwiches! My mouth is watering just thinking about it.

I am attaching a few pics of the first day:

Pangs of Change...

2011-09-30T16:00:00.002-05:00

Recently I went to the funeral of the mother of a good friend. It was a joyful celebration of her life, but I know her sons and family will miss her so much.

Change can be painful.

Last week another friend buried her father. She had a complicated relationship with him, but the change n her life is painful too.

Today I saw another friend who is feeling the pangs of the empty nest. Many people look forward to the day when their kids go on to college, but for many of us it's not so easy. I understand his feelings. I felt them, I feel them.

Both of our daughters are married. We are so proud of them and their husbands. Yet, we miss them.

Change is painful. My daughter, Jessica, who lives in Boston with her husband, David, eloquently shared about change, the pain of it and what God desires to do in our lives through change. I hope it inspires you as it did me.

The leaves are turning yellow and orange. I remember the moment I saw the first patch of leaves in their brilliant color. I was riding my bike last week with David when it happened. The trees were passing us in their normalcy, and all the sudden, a few branches stuck out from the green waves with their fire of color. I was almost moved to tears. Change. My mind immediately thought about change.

I have understood the bittersweet ache of change like no other in the past 5 months. Life and its traditions are things I have been able to hold on to. The more I hold, the more that gets taken away. I keep telling myself, “just ride God’s wave, Jess. He is good.” But change it not easy. Like the changing leaves, there is an apparent change from what was once normal. Life does not come in its familiarity. It’s different, and one must adjust. David and I do not have our old friends laughing and eating with us. The table is filled with new faces, different laughs. And sometimes there are no faces at the table at all. Life has been lonely most days. There is a longing for the old colors and the old seasons. So when I passed those few orange leaves, alone and different from all the rest, I was struck in a connection to them. I too stick out. I am not like the Jessica of the past season. I look different. I act different and think different. Some things are over. The green colors of old are morphing into new oranges.

People have many opinions about change. There are probably equal amounts of people who say change is good as to those who say it is painful. I think a person’s perspective depends on what takes place in order for change to occur. Sometimes a person changes after something very painful has happened. Others change after a great blessing, like a new baby. For David and I the change has been painful, but I have been able to hold on through the comfort of God’s word. Two passages in particular: 2 Corinthians 4:16-17 and Isaiah 40:31

“ For our light and momentary troubles are achieving for us a glory that far outweighs them all.”

What this means is that the glory after suffering is going to be so great. Actually, it will be so great that it will make the present suffering pale in comparison to the coming glory. This verse is about hope.

Isaiah 40:31:

“For those who WAIT on the Lord, he will renew their strength. They will soar with wings, like eagles. They will run and not grow weary. They will walk and not grow faint.”

The pain of change has taught me the meaning of hope. We are able to suffer with joy when we know God has given us something greater in the future. The greater pain, the greater God’s glory will be seen. I used to think God was absent in pain or he was punishing his people for sin. Now I remember the cross, and I know that Christ was punished in my place. What is left for me now is closer and closer growth in righteousness. My flesh is dying, and more of God is being planted, toiled, pruned, and harvested in my spiritual life. The pain I am facing is for my good and for God’s glory. At the end of this suffering, I will see more of the face of Christ, and that is a face above all else that can satisfy.

Through pain I am learning patience. I never thought that word would come out of my mouth. “Patience” and Jessica mix about as well as oil and water. Despite the seeming impossibility, God is doing it. For example, my job search has required immense patience and trust. ... I am smiling while writing this. Wow, what a fantastic detour. I am now looking for a full-time position at a school as a secretary. The leaves are looking different. They are changing shades with each turn, and it is obvious I am not on the same road that I started on, but I have an almost eerie sense of patience. ... The distrust turns to trust and the despair turns into hope. I am being tested, and God is winning. He is winning for me, through me. He is holding me.

Good things are coming....Nothing is outside his good, guiding hand.

...while we experience the bitter seasons of change, may we all look at the autumn leaves and be reminded that beauty is coming.

Go under the mercy,

Jessica

Thanks Jessica for the inspiring and encouraging words.

Dad

Photography Hobby

2011-09-27T16:21:00.000-05:00

I like to work in the yard and take close up photographs. I will share a few periodically.

My Mom's recollection of racial issues in the 1960s

2011-09-25T19:43:00.000-05:00

I asked my mother about what she recalled about racial issues in the 1950s and integration in Louisiana in the 1960s and if there were White's courageous to support Civil Rights. Mom was born on the last day of 1935. She grew up on Prairie of Monroe. She was a child during WWII and a teenager in the 1950s. She had children born in the mid 50s to early 60s.

These were her thoughts:

There were many courageous people in north La.. Many were just much quieter than in "Remember the Titans". My mother(Mema) had many black friends and so did your dad's family. I don't remember what whole story but somehow I seem to remember these black friends in Morehouse parish may have even kept their family from going hungry. Your dads family, that is....

My mother's friends helped take care of me and the house when I was a baby and small child, even spending the night with us at times.

My sister had a wonderful maid, named Minerva Roundtree and, believe you me, she used the family bathroom if she needed to. She would have told you very quickly that if she cleaned it she sure could use it.

My dear friend was Gertrude Berry. She took care of me when I was a baby and Mike when he was a baby. We lived too far out of town for her to help with you and Leisa.

Though we never made bigoted or racial remarks, we just wanted to be better than that. My mother would never have called anyone a "n******" and would have scolded me if I had done so. I don't know why that is so other than those good friends who did so much for us and we for them.

I never thought too much about segregated school as that was simply the norm. When in 1954 the Brown v whatever mandated that separate but equal was not acceptable, I assumed that we would immediately have black students at Ouachita High, but of course it was years before that happened here.

It took place in Ouachita Parish very quietly due tothe courage of blacks and whites working together.

Amigo Fiel: Mission to Juarez

2011-09-24T10:57:00.001-05:00

Racism...

2011-09-23T14:00:00.024-05:00

Alice Taylor was a wonderful friend to our family when I was young boy, but I don't know how she felt toward us. She was our maid and she was Black.

I loved her as much as anyone in my family. She saved our family pet from a German Shepherd by beating it with a broom to keep it from hurting my sister or me, even though she was terrified of dogs.

I was probably not even in elementary school when Alice started to work for us. I guess I hadn't developed in any prejudices...at least, I don't think I had. Before Alice, Bernadine worked for us. As I can recall, she would sometimes bring her daughter or niece to the house. I got along with her niece as well as any friend in the neighborhood.

However, besides Alice and Bernadine, I don't recall much interaction with Blacks as a young boy. You have to remember the Civil Rights Act of 1964 and the Voting Rights Act of 1965 were enacted after I was born in 1962. Even when those laws were enacted, the State of Louisiana (and many other Southern States) resisted integration until the last 1960s.

My first grade class at Claiborne Elementary in West Monroe, Louisiana was all-White. In fact, so was my second grade class, even though I recall Claiborne became integrated when I was in the second grade. I was not worried or anxious about integration. I don't even remember it being a big deal, but my mother did talk to me about Black kids coming to the school. My parents didn't seem to be bothered about it so I wasn't either.

I don't know why, but my parents were not prejudice or racist. At least that's what I remember. Perhaps they were just not blatantly prejudice like many White Southerners were. I never heard the "N" word spoken in my house, even though I heard it in the neighborhood and from some of my cousins. My parents didn't join the "white-flight" to "Christian" schools (isnt' it odd that many private Christian schools had no Blacks in attendance?) I remained in public school all my life and never felt any superiority toward Blacks.

But I wonder if there was some remnant of racism in my blood? I wonder what I would have been like as a teenager in the 1960s? Would I have been courageously opposed to racism or would I have kept my mouth shut for the sake of "status quo?" Would I have been an angry, stupid bigot?

Movies like "Remember the Titans" inspire me. Were there such courageous people in north Louisiana? After seeing the movie, "The Help", I am curious about how my parents felt with the social changes developing in the South in the 1960s and WHY they were not bigoted. I am curious if there were any White people in Louisiana who promoted integration or if most of the Whites in the South were simply living life -- neither for or against any cause.

To better understand the mindset of the era, I am reading "There Goes my Everything" by Jason Sokol. The book is about White Southerners in the age of the Civil Rights between 1945 and 1975. In my research, I am ashamed to learn that Ouachita Parish, where I grew up, and Caddo Parish, where I live now, were among the top three parishes where Blacks were lynched during this era.

What were the "average" Whites doing during this time? What was it like as Black man or woman in North Louisiana during this time? To get an inkling of that I am also reading "Defying Dixie: The Radical Roots of Civil Rights (1919-1950)" by Glenda Gilmore and "The Deacons for Defense" by Lance Hill, which is about groups of Blacks arming themselves in north Louisiana in self-defense and to protect civil rights workers from vigilante and police violence.

All of this is outside of my circle of understanding. My family was not liberal, by any means -- well, at least not until the 1970s. I don't recall anyone talking about the rights of Blacks or Whites. There was a lot more banter (arguments) about the rights of women, but all-in-all, we just lived life: no major highs, no major lows, nothing courageous and nothing fearful.

Perhaps we were not racist nor prejudice because my parents were both very poor growing up. In some ways, they may have experienced some form of prejudice by being ridiculed or sneered at for being poor. My Dad's parents were share-croppers for several years, until my grandfather got a job at the paper mill in Bastrop, Louisiana. My mother and grandmother were abandoned by my grandfather when Mom was about eight or nine years old, so Mema (my grandmother) had to take of my mother and earn a living on her own at nearly fifty years old. I suppose being raised by a single parent in the 1940s raised some eyebrows among the social elite of Monroe, Louisiana.

For whatever reason, I just don't recall any bigoted or racial remarks in my house.

When I was in the second grade, I recall meeting a Black boy on the playground. He was nice and I was nice to him and that was about all there was to it. I don't recall his name and I don't recall much about it. We just played.

The first time I heard any racist remarks was in junior high when a stupid redneck threatened that he would have the KKK burn a cross in my yard. I don't know why he acted that way toward me. I was not particularly vocal against racism or prejudice (I wish I had been). I generally avoided controversy, but I did mouth off to this bully because of bigoted remarks he made about our art teacher, a Black man.

When I was in high school, I befriended Lavelle Hendricks, a Black teenager (who I believe later became Dean of Students at a university in East Texas). Lavelle was a year older than me, but we were both involved in speech and drama. We were coached by Ms. Shirley Fields, who was relentlessly demanding and set the highest standards on everyone regarldess of gender, race or creed. She was as tough on me, as she was on Lavelle. She demanded excellence from everyone. Her only prejudice was against mediocrity.

I enjoyed hanging around LaVelle and invited him to come to church with me. Somehow the youth minister found out about the invitation and "suggested" that it might not be a good idea. Although the youth minister said he wasn't prejudice, he thought it might be "uncomfortable" for Lavelle.

I'll never know what it was like to be Black in the segregated Deep South, but I am grateful than I never knew what it was like to be a bigot in the Deep South.

I LOVE my family!!!

2011-09-08T13:55:00.001-05:00

My wife, Joan

Daughters and Sons-in-law: David and Jessica Elston, Erica and Michael Rhodes

Twin daughters: Jessica and Erica

Gracie

Me and the twins

Petey

My mother, Cherry Whipple

My father, Von Perkins

Some of my personal interests in pix

2011-09-07T13:36:00.000-05:00

Rwanda Mission 2011

Skydiving 2010

New Home!

2011-08-24T19:34:00.000-05:00

I think a business is only as good as the people behind it. I wanted to open up a piece of myself to you. The real Mark Perkins. I'd love for you to join me on my adventures of hope, family, and faith. Please feel free to get to know me, and comment. I'd love to get to know you as well.