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The latest from Texas Lawyer

• Lawyer Sues Former Co-Counsel Over Bonuses
• Inadmissible
• Lessons from Energy Bankruptcies and Workouts
• Constitutional Questions in Light of Stern v. Marshall
• Commentary: Fulfilling Document-Preservation Obligations
• Racing the 210-Day Bankruptcy Clock
• Commentary: Tread Lightly With Footnotes
• Pins and Needles: Quilting Helps Judge Relax
• Efficient E-Discovery: How Will Model Order Impact Eastern District Practice?
• Discipline
• Newsmakers
• Counseling Clients in a Distressed Economy
• How to Handle the Funds of Missing Clients
• 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

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Lawyer Sues Former Co-Counsel Over Bonuses	Top
Two Dallas lawyers who litigated a groundbreaking case that allowed plaintiffs to pursue legal-malpractice cases in federal court are now embroiled in a suit of their own, pitting the former co-counsel against each other as plaintiff and defendant. Rogge Dunn, a partner in Dallas' Clouse Dunn, represents the plaintiff, who alleges that his former firm failed to pay bonuses owed to him.
Inadmissible	Top
"An Appealing Museum" and "From Partner to Public Service"
Lessons from Energy Bankruptcies and Workouts	Top
The rush of energy companies executing workout agreements or filing for bankruptcy dramatically slowed a few years ago, as the price of oil increased and businesses discovered new oil and gas fields in South Texas, writes Deborah D. Williamson. However, financial pressures again may begin to increase, meaning that lawyers for lenders to energy companies may find their loan documents under the bankruptcy microscope.
Constitutional Questions in Light of Stern v. Marshall	Top
The 1994 marriage of J. Howard Marshall II (Yale Law, '31) to Vickie Lynn Marshall, also known as Anna Nicole Smith (Playboy Playmate of the Year, '93), continues titillating bankruptcy lawyers (and perhaps general litigators who find themselves in bankruptcy court) by producing U.S. Supreme Court decisions that are shaking up the bankruptcy court system and leaving lawyers on uncertain ground.
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.
Racing the 210-Day Bankruptcy Clock	Top
In the six years since the 2005 amendments to the U.S. Bankruptcy Code, bankruptcy lawyers have witnessed the real-world effects of the legislation and have adapted their practices to the new statutory landscape. Any shortlist of the most significant amendments must include the change to Bankruptcy Code §365(d)(4), imposing a firm time limit on a debtor's decision to assume or reject a nonresidential real property lease, writes Jason Binford.
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."
Pins and Needles: Quilting Helps Judge Relax	Top
When Judge Migdalia Lopez spends time around Harlingen waiting for a doctor or dentist appointment, there's a good chance she'll be perfectly patient with a needle in her hand. The judge of Cameron and Willacy County's 197th District Court has a serious quilting hobby, and she takes projects along on errands, although she doesn't pull out her sewing on the bench.
Efficient E-Discovery: How Will Model Order Impact Eastern District Practice?	Top
In September, the Advisory Council for the U.S. Court of Appeals for the Federal Circuit issued a model order that limits electronic discovery in patent litigation. U.S. Magistrate Judge John Love of Tyler has granted an order limiting e-discovery in at least one case pending in his court based on the model order.
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: 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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