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• Supply and Demand: GC Plans to Move Legal Work In-House With New Hires
• The Power of Influence: Insight Into Persuasion Is Key to Helping Others Find Wisdom
• Watch Out for Employee Scams
• Blurred Barriers in Civil, Criminal Medicaid Investigations
• What to Do When the Company Is a Target
• Financial Crimes and Fraud Prevention Programs
• Commentary: Don't Let Life Imitate Art
• Case Summaries
• VerdictSearch
• Discipline
• Newsmakers
• Reel in Discovery Disputes in Travis County District Courts
• Don't Let Life Imitate Art
• 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?

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Supply and Demand: GC Plans to Move Legal Work In-House With New Hires	Top
Despite an uncertain economy that led to some attorney layoffs, the new top lawyer at McJunkin Red Man Corp. (MRC) in Houston is doubling the size of his in-house legal department. Daniel J. Churay, who has been executive vice president and general counsel of the company since August.
The Power of Influence: Insight Into Persuasion Is Key to Helping Others Find Wisdom	Top
What is the power of a lawyer? It is to influence and persuade, not to coerce and mandate. While we are hostage to our role, we need not be enslaved to it, writes Michael P. Maslanka. He offers five ideas on how lawyers can enhance what they can do, not what they can't.
Watch Out for Employee Scams	Top
Why would a longstanding, well-regarded, well-paid employee in a position of trust and responsibility steal from his employer? The answer to this question may be as simple as greed, writes Alan D. Westheimer, but more often than not such conduct emanates from what is known as the fraud triangle: pressure, opportunity and rationalization.
Blurred Barriers in Civil, Criminal Medicaid Investigations	Top
In an effort to control Medicaid costs and at the same time combat abuse, the Texas Office of the Attorney General and the Texas Legislature have created a system that has encouraged — and even required — the intertwinement of civil and criminal investigations to the detriment of the proper administration of criminal justice, which likely violates Fifth Amendment due-process limitations, write Philip H. Hilder and Paul Creech.
What to Do When the Company Is a Target	Top
If the CEO comes to the legal department, hands in-house counsel a letter from the local U.S. Attorney's Office saying the company is the "target" of a federal criminal investigation and asks what this means for the company, how should counsel respond? John Helms Jr. offers some suggestions.
Financial Crimes and Fraud Prevention Programs	Top
Financial fraud cases place in-house counsel in an emergency, high-risk situation without a great deal of experience to lead what can be an expensive investigation. Thus, a good cost-containment option that will create long-term value is to utilize independent forensic accountants during an investigation and, preferably, before one is needed, writes Mike Keliher.
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.
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
Reel in Discovery Disputes in Travis County District Courts	Top
Want to know what Travis County District Court judges probably think about these disputes? Sara M. Foskitt writes that, typically, they're related to a slew of overly broad, irrelevant requests that equate to a fishing expedition (although that isn't always the case). A quick look at some local district court history can offer a few clues as to how the judges will probably proceed in discovery disputes and can provide a few lessons for lawyers.
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.
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.

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