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• Commentary: Don't Let Life Imitate Art
• Case Summaries
• VerdictSearch
• Newsmakers
• TEC's Authority to Levy $100,000 Fine Against Keller in Doubt
• Litigator of the Week: Arbitration Acumen
• Nevada Air Show Tragedy Leads to Collin County Suit
• Recruiter Sues Law Firm to Recover Placement Fee
• TYLA to Propose New Rules for President-Elect Campaigns
• Discipline
• Three Things Never to Write in Court Papers
• Identity and Meaning in and Outside Law
• Letter to the Editor: Success Is Based on Competence, Not Looks
• I Like Being a Lawyer
• Commentary: Handling Clients With Personality Disorders
• Commentary: Let "Jersey Shore" Pick Your Practice
• Law Clerks Offer Big Opportunities for Small Firms
• I Like Being a Lawyer!
• Commentary: Three Lessons From Two Trials for One Great Performance
• Commentary: Should Firms Take Ownership in Patents?
• Commentary: Keep Lawyering at the Office, Not at Home
• Commentary: Obtaining the Benefits of Chapter 95

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Commentary: Don't Let Life Imitate Art	Top
Articles that focus or comment on the physical characteristics of women are so commonplace that our society no longer questions or is offended by them, writes Linda Bray Chanow, executive director of the Center for Women in Law at the University of Texas School of Law in Austin. These articles perpetuate cultural definitions of gender that have a deep impact on the way women relate to and use power in the workplace.
Case Summaries	Top
The following state and federal court opinions were issued from Oct. 20 to Oct. 27. Practice areas addressed in these cases include contracts, employment law, energy law, real property, torts, trusts and estates and workers' compensation, among others. Subscribers have access to the full text of these opinions online and can receive Texas Lawyer's Daily Case Alert, which includes the very latest opinions issued by state and federal appellate courts in Texas. To sign up to receive the Daily Case Alert in your inbox each day, click here.
VerdictSearch	Top
Jury sides with defendant's version of events. Jury awards $26,475 to man who broke arm.
Newsmakers	Top
TEC's Authority to Levy $100,000 Fine Against Keller in Doubt	Top
The Texas Ethics Commission may have overstepped its authority in 2010 when it levied a record $100,000 fine against Court of Criminal Appeals Presiding Judge Sharon Keller for multiple omissions in her 2007 and 2008 personal financial statements. According to aletter ruling by 419th District Judge Orlinda Naranjo, the only available penalty under Texas Government Code §571.173 for a violation of a law regarding a personal financial statement is $5,000.
Litigator of the Week: Arbitration Acumen	Top
A partner in Dallas' Chaiken & Chaiken says he has developed a practice handling litigation arising after and related to arbitration. An example of the success of his work is the $1.48 million he helped win for his client in Volanda Woods v. P.A.M. Transport Inc. He says he joined the plaintiff's legal team to help protect the underlying arbitration award at the U.S. District Court and later at the 5th Circuit.
Nevada Air Show Tragedy Leads to Collin County Suit	Top
A tragedy at an air show in Nevada has led to a suit in Texas. On Sept. 16, Friendswood resident Craig W. Salerno and 10 other spectators were killed when a stunt plane, called the Galloping Ghost, hit a tarmac and exploded in front of a grandstand at the National Championship Air Races. Tony Buzbee (pictured) of the Buzbee Law Firm in Houston represents the plaintiffs.
Recruiter Sues Law Firm to Recover Placement Fee	Top
Legal recruiting firm MS Legal Search has sued Serpe, Jones, Andrews, Callender & Bell of Houston to collect an unpaid placement fee after the firm allegedly hired a job candidate MS Legal referred to the firm. MS Legal alleges in its Oct. 26 petition that Serpe, Jones hired the job candidate in 2011 but has "refused" to pay the placement fee. MS Legal seeks 20 percent or 25 percent of the attorney's beginning annual compensation. Serpe, Jones denies the allegations.
TYLA to Propose New Rules for President-Elect Campaigns	Top
At its November meeting the Texas Young Lawyers Association board of directors will vote on new president-elect campaign rules, modeled after revised rules the State Bar of Texas approved in September. "The whole point of changing these rules and watching them and monitoring them is to encourage more people to vote," says Jennifer Morris, TYLA's past president and the current chair of its Nominations Committee.
Discipline	Top
Two lawyers have resigned in lieu of discipline and another has received a public reprimand, the State Bar of Texas reported recently.
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.
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.
I Like Being a Lawyer	Top
Susan Morrison lists the top five reasons she likes being a lawyer.
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.
Commentary: 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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