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The latest from Texas Lawyer

• Court Trims Ex-Halliburton Lawyer's Look at Company's Legal Bills
• Veteran School Finance Lawyer Files Funding Suit
• Reasons and Review: High Court Revisits Appellate Review of New-Trial Grants
• Newsmakers
• Indadmissible
• Necessity of Expert Report at Issue in High Court Case
• Discipline
• Keep Lawyering at the Office, Not at Home
• Obtaining the Benefits of Chapter 95
• Commentary: 10 Ways to Make It Easy for Clients to Find You
• Commentary: Workplace Privacy Issues in Texas
• Commentary: Five Myths About Mediating Employment Disputes
• Differentiate Your Firm From Competitors
• Commentary: Objection, Your Honor: Hearsay in State and Federal Court
• Commentary: Ponder Sales Tax Issues in Corporate Planning
• Ten Key Supreme Court Decisions of the 2010-2011 Term
• Questions to Ask to Win the Next Hearing
• Letter to the Editor: Credit Where It's Due
• I Like Being a Lawyer

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Court Trims Ex-Halliburton Lawyer's Look at Company's Legal Bills	Top
Houston's 1st Court of Appeals has allowed a Louisiana lawyer a rare and detailed look at the outside counsel legal-defense costs paid by of one of Texas' biggest companies, Halliburton Energy Services Inc. The decision comes as part of a breach of contract suit the lawyer filed against the oil-field services giant.
Veteran School Finance Lawyer Files Funding Suit	Top
Austin lawyer Richard E. Gray III, a veteran of courthouse fights over Texas school finance, is back in the ring and representing a group of school districts and taxpayers who allege Texas' school finance system is unconstitutional and inequitable. His clients seek a declaratory judgment that the school finance system is unconstitutional.
Reasons and Review: High Court Revisits Appellate Review of New-Trial Grants	Top
The Texas Supreme Court on Oct. 6 heard oral arguments in a case that asks how much detail judges must include when listing reasons for granting new trials, and whether appellate courts can review the validity of the reasons. Chris Portner and Kathleen Kennedy argued the case.
Newsmakers	Top
Indadmissible	Top
"Open-Records Suit," "TRLA's David G. Hall Honored" and "Making the Rules"
Necessity of Expert Report at Issue in High Court Case	Top
Justices spent nearly the entire 49-minute argument in Wasserman v. Gugel asking questions about the rule courts should follow to determine if an allegation of sexual assault actually centers around a claim that a doctor deviated from the accepted standard of medical care, which would make it a health-care liability claim requiring an expert report.
Discipline	Top
One lawyer was suspended for 12 months, another received a public reprimand, and one was placed on probation, the State Bar of Texas reported recently.
Keep Lawyering at the Office, Not at Home	Top
The best tools deployed by lawyers are discourse and argument developed so arduously in law school and professional life: the ability to argue to a win, says James Dolan. But there is a sad truth: There can be nothing more destructive to a marriage than the lawyer who comes home and practices law there.
Obtaining the Benefits of Chapter 95	Top
As part of tort reform, the Texas Legislature enacted Chapter 95 of the Texas Civil Practice & Remedies Code to limit a property owner's liability for injuries to contractors and subcontractors, or their employees, under particular circumstances, writes Barbara S. Nicholas. Specifically, pursuant to Texas Civil Practice & Remedies Code §95.003 and related case law, it is the plaintiff's burden to establish that the defendant owner exercised or retained some control over the manner in which the work was performed and had actual, as opposed to constructive, knowledge of the dangerous condition that resulted in injury.
Commentary: 10 Ways to Make It Easy for Clients to Find You	Top
Two immutable facts: You want clients and you are in the service business. Stacy West Clark, president of a firm that helps law firms grow their businesses, says that, in spite of these two well-known facts, she is constantly shocked at how hard firms and lawyers make it for clients to reach them. She offers some ideas on how to change that situation.
Commentary: Workplace Privacy Issues in Texas	Top
Despite the Texas Supreme Court's general recognition of the importance of privacy in Billings v. Atkinson, there is no specific statute relating to a private employee's privacy in Texas, writes Art Lambert, a director in Kane Russell Coleman & Logan's labor and employment section in Dallas. However, counsel should still be cognizant of when employee privacy claims are actionable and how to succeed in such cases.
Commentary: Five Myths About Mediating Employment Disputes	Top
A substantial portion of employment-related suits ultimately are resolved by settlement, typically during or soon after mediation. Despite the prevalence of mediation, several myths exist that disrupt the process and diminish the chances of resolving the case. Vianei Lopez Robinson, a partner in Buck Keenan, a litigation boutique in Houston, writes about five of those myths.
Differentiate Your Firm From Competitors	Top
For many lawyers, the world has never appeared to be as hostile, bewildering or unstable as it does today, says Joel A. Rose. These feelings result from the complexities and uncertainties of the changing economic, professional and competitive environment in which most law firms find themselves.
Commentary: Objection, Your Honor: Hearsay in State and Federal Court	Top
The definition of hearsay in Texas is complex. And complexity in the rules of evidence creates opportunities for effective advocacy, as it does in every other area of the law, says Tom Hagemann and Marla Poirot. Trial lawyers need to base their arguments on the core hearsay principles, such as evidentiary necessity, witness availability, the statement's intended use at trial and its indicia of reliability.
Commentary: Ponder Sales Tax Issues in Corporate Planning	Top
Attorneys advising clients on business organizations and reorganizations always should consider the state sales tax pitfalls and planning opportunities. Consolidated reporting on a single federal income tax return often eliminates federal tax issues. But for state sales tax purposes, transactions between related entities are usually recognized as taxable events.
Ten Key Supreme Court Decisions of the 2010-2011 Term	Top
Texas is among the nation's largest and most economically vibrant and diverse states. So it's no surprise the state's highest civil court enjoys a regular diet of significant legal controversies, write James C. Ho and Ashley E. Johnson. They chose 10 of those decisions to highlight from the 2010-2011 term.
Questions to Ask to Win the Next Hearing	Top
Though it should go without saying, judges are busy, writes James M. Stanton. They can spend only a fraction of the time attorneys do preparing for each hearing. To zero in on what the judge wants to know to resolve the dispute in a client's favor, counsel should be prepared to answer four questions, regardless of the type of motion or plea he is presenting.
Letter to the Editor: Credit Where It's Due	Top
I Like Being a Lawyer	Top
Tracy J. Willi lists the top five reasons she likes being a lawyer.

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