The latest from Texas Lawyer
- Dealmaker of the Week: Moving Fast
- New TYLA Rules OK Social Media Campaigning
- Lawyer Sues Former Client's Estate Over Warehoused Valuables
- Franchise Tax Intact After Allcat
- And the Nominees Are . . .
- St. Mary's Sees Robust Demand for Spots in Skills-Based Classes
- Inadmissible
- Discipline
- Newsmakers
- Counseling Clients in a Distressed Economy
- How to Handle the Funds of Missing Clients
- Commentary: Tread Lightly With Footnotes
- Commentary: Fulfilling Document-Preservation Obligations
- Commentary: Banishing the Word "Bossy" From Women's Vocabularies
- A Four-Phase Formula for Strategic Planning
- Commentary: 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
| Dealmaker of the Week: Moving Fast | Top |
| A Jones Day partner in Dallas helped The Weir Group PLC acquire a Fort Worth company in 2007 to build the Scottish company's North American oil and gas business. Four years later, a team from Jones Day is helping Weir further expand its North American unconventional oil and gas business — think equipment for shale plays — with the pending acquisition of Seaboard Holdings Inc. of Houston. | |
| New TYLA Rules OK Social Media Campaigning | Top |
| The Texas Young Lawyers Association on Nov. 19 adopted new election rules that will permit its president-elect candidates to use social media to campaign. The rule changes come after TYLA president-elect candidates lodged complaints about social media and other issues in the 2011 election. The State Bar of Texas board of directors approved similarly revised election rules in September. | |
| Lawyer Sues Former Client's Estate Over Warehoused Valuables | Top |
| Houston lawyer Valorie W. Davenport has sued the estate of former client Noble C. Ginther Jr.; Roger Howard; and his company, Roger Howard Appraisal Services Inc., alleging they sold property she was storing at a downtown Houston warehouse Ginther once owned and kept the proceeds. | |
| Franchise Tax Intact After Allcat | Top |
| Higher taxes for law firms organized as limited liability partnerships will remain in place, after the Texas Supreme Court on Nov. 28 refused to strike down as unconstitutional a state franchise tax on business partnerships. But Jimmy Martens, whose client lost that high-court challenge, says he's hopeful the court's reasoning could enable reforms to the franchise tax. | |
| And the Nominees Are . . . | Top |
| Leaders of the Texas Young Lawyers Association and the State Bar of Texas are working to choose each organization's 2012 president-elect candidates. Jennifer Evans Morris, TYLA's past president and current co-chair of the Nominations Committee, says the committee wants nominees who can make a "huge time commitment." | |
| St. Mary's Sees Robust Demand for Spots in Skills-Based Classes | Top |
| Skills-focused winter intersession courses for second- and third-year students at St. Mary's University School of Law filled so rapidly during online registration in October that the school expanded the class sizes and increased the number of times the school would offer the courses during the break. Victoria Mather is associate dean for academic and student affairs and professor of law at St. Mary's. | |
| Inadmissible | Top |
| "An Appealing Museum" and "From Partner to Public Service" | |
| Discipline | Top |
| A Harris County lawyer has been disbarred, a Travis County lawyer has been placed on probation, and a Bexar County lawyer has received a public reprimand. | |
| Newsmakers | Top |
| Counseling Clients in a Distressed Economy | Top |
| Current economic conditions have impacted many aspects of society, and family law practice is no exception, writes Jonathan J. Bates. Those facing life-changing adversity while contemplating divorce require effective guidance, which is part of the family law attorney's "counselor" role. The family law attorney should speak clearly and firmly regarding the various risks the party faces when in divorce proceedings. | |
| How to Handle the Funds of Missing Clients | Top |
| What are the ethical and legal obligations of a firm holding funds for a client it cannot locate? This situation might arise if a firm is holding client money in an Interest on Lawyer Trust Account (IOLTA) that is subject to a disputed lien or a holdback provision in a real estate transaction or a settlement agreement, writes Ray Langenberg. A firm also might hold an unearned retainer for an extended period of time. | |
| Commentary: Tread Lightly With Footnotes | Top |
| Footnotes can be distracting. But avoiding them entirely is not the answer, writes Martin J. Siegel. Used incorrectly and excessively, footnotes tax the reader and reflect poor writing. Used properly and sparingly, they add to a brief's overall effectiveness. He offers seven lessons for footnotes done right, starting with "Don't. They should be the rare exception, not the rule." | |
| Commentary: Fulfilling Document-Preservation Obligations | Top |
| In the age of email, metadata, flash drives and cloud computing, most attorneys are acutely conscious of their duty to ensure that their clients appropriately preserve documents, writes Barbara S. Nicholas. An attorney should issue a written litigation hold immediately upon notice of a triggering event (e.g., potential claim) or a suit, whichever comes first. In a perfect world, the initial demand for litigation hold would contain the universe of information necessary to capture all systems and parties relevant to the claim or suit. | |
| Commentary: Banishing the Word "Bossy" From Women's Vocabularies | Top |
| One of the reasons women seem to hit a wall in their careers goes back to a word they've heard consistently since elementary school: bossy, writes Kathleen J. Wu. Two studies report that when women who work in professions traditionally held by men are successful, they are less liked than similarly successful men. | |
| A Four-Phase Formula for Strategic Planning | Top |
| Over the past decade, significant changes have occurred within the legal profession that have required law firms to do long-range planning. The market for legal services has become, and will continue to be, more competitive, writes Joel A. Rose. | |
| Commentary: 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. | |
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