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Friday, November 4, 2011

Y! Alert: Texas Lawyer


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Commentary: Handling Clients With Personality Disorders Top
In contemporary law practice, particularly in litigation, the expert witness in psychology — psychiatrists, forensic psychologists, psychotherapists and so on — increasingly is a member of the teams on opposite sides of a courtroom. Litigators need at least a passing sense of some of the language used by experts in this field, writes James Dolan.
 
Letter to the Editor: Success Is Based on Competence, Not Looks Top
Elizabeth Poole of Austin takes issue with a Texas Lawyer article titled "Pretty Power: Don't Hate Me Because I'm Beautiful." The author of that article "writes from the point of view of a woman who is succeeding in a male-dominated profession by pandering to males. Her method of navigating this testosterone-laden minefield by donning the protective gear of 5-inch heels, pink suits and makeup is not without its drawbacks," Poole writes.
 
Female Boss + Female Assistant = Special Considerations Top
Among the key differences between men and women is a woman's need for strong personal ties to those she depends on and a tendency for working relationships to go badly awry when personal compatibility is lacking. This tendency triggers special considerations for female lawyers as they work with female assistants.
 
YouTube Video Prompts Investigation of Aransas County Court-at-Law Judge Top
The posting of an Internet video that depicts a man beating a girl with a belt has prompted a state prosecutor to recommend that police launch an investigation into the alleged actions of Aransas County Court-at-Law Judge William Adams, who allegedly appears in the video with his daughter. The State Commission on Judicial Conduct has released a statement announcing the commencement of an investigation into an "incident" — specifically the existence of a YouTube video — but did not name the judge.
 
From Good Girl to Good Lawyer Top
It can be difficult to shake the habits of being a good girl: pleasing others, thinking of them before oneself, working hard and not complaining, writes Andrea "AJ" Johnson. For women to go from being good girls to good lawyers, they need to become aware of how their environments shape them and what the consequences can be of being too good.
 
Women Get Shafted on Reviews Top
In a study published in Social Psychological and Personality Science, authors Monica Biernat, M.J. Tocci and Joan Williams looked at the performance reviews of 234 associates at an anonymous Wall Street law firm. Their finding: Men outscored women in numerical ratings, though women often got glowing comments on the narrative portion of the reviews.
 
Discipline Top
Two lawyers have resigned in lieu of discipline and another has received a public reprimand, the State Bar of Texas reported recently.
 
Newsmakers Top
 
Three Things Never to Write in Court Papers Top
James M. Stanton writes that his experience on the state district court bench taught him that trial judges are a conscientious lot who read the briefs and want to get their rulings right. In light of that, he offers three things a lawyer should never write in court papers for fear of turning off the judge and hurting a client's chances of prevailing at a hearing.
 
Identity and Meaning in and Outside Law Top
Been to a singles bar lately? Checked out an Internet dating site? Not that he would know, writes Michael P. Maslanka, but he hears that the No. 1 question is, "So, what do you do?" The question enslaves if used as a proxy for valuing people, but it liberates if used as a starting point for understanding them. Art illuminates the contrast between life and work. It can teach values, provide clarity and generate understanding, he says.
 
I Like Being a Lawyer Top
Susan Morrison lists the top five reasons she likes being a lawyer.
 
Let "Jersey Shore" Pick Your Practice Top
For the benefit of recent law school graduates, Kip Mendrygal has created a personality test to help new lawyers match themselves to the right fields. For the test, he picked a platform the intended audience would relate to: MTV's "Jersey Shore," the heartwarming tale of eight soft-spoken and introspective men and women brought together to live in a house and, mostly, fight and party.
 
Law Clerks Offer Big Opportunities for Small Firms Top
In this difficult economy the legal job market is an increasingly competitive place, says Raymond L. Panneton. There are more law students seeking clerk positions than the larger firms can handle or want. Small firms might not have the financial resources to hire a full-time associate, but they may need additional manpower in the office to stay on top of the caseload. Although the notion of hiring a part-time clerk may be daunting, the benefits received by both parties make the experience more than worth it.
 
I Like Being a Lawyer! Top
 
Commentary: Three Lessons From Two Trials for One Great Performance Top
Perception is not reality, writes F. Daniel Knight. Sadly, Texas has experienced a sharp decline in civil jury trials over the past 20 years. According to an Office of Court Administration report, the percentage of cases resolved by jury verdict was 0.4 percent in district courts and 0.6 percent in county courts in 2010.
 
Commentary: Should Firms Take Ownership in Patents? Top
McKool Smith has declined opportunities to take an ownership position in the patents the firm litigates, write Mike McKool and Ryan Hargrave. While the law is unsettled as to the ethical boundaries, they say their firm has avoided such investments because of potential ethical concerns, as well as strategic considerations related to the attractiveness of the case to the jury.
 
Commentary: 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, a professional coach and psychotherapist. 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.
 
Commentary: 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. 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.
 

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