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Friday, April 29, 2011

Y! Alert: Texas Lawyer


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Appellate Lawyer of the Week: Fee Application Redo Top
The lawyer who says he ultimately prevailed on his clients' free-speech case after a nine-year journey through state and federal courts, while they faithfully paid him a small fortune. But when it came time for the state trial court to consider his attorney-fee application, which would require the defendant to reimburse his clients' attorneys' fees, the judge only approved a $35,000 payment. So Furlow dealt with that, too.
 
Commentary: The Unarrestable Criminal Top
The unarrestable criminal is a person whose intentions are as unilateral, self-interested and destructive as any robber, but whose crimes are not defined in statutes, writes James Dolan, M.A. The UC in a law firm assumes others are resources to be exploited instead of centers of feeling, thought and intentions of their own. Instead of securing what he wants for himself in a straightforward manner, he waits to take what others have. When evaluated by intention and motive, the UC is indistinguishable from the person who violates statutes. Who is the UC in a firm?
 
Commentary: Review of Orders Denying Arbitration Top
It used to be that because of a quirk in Texas law, attorneys seeking review of orders denying arbitration frequently had to do double duty and file an interlocutory appeal and a mandamus petition, writes Allyson N. Ho. But much to the relief of lawyers and clients alike, that's no longer the case. In Texas, appeals are authorized only from final orders or judgments unless an interlocutory appeal expressly is permitted by statute.
 

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