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• Roger Clemens' Lawyers Chide Prosecutors In Legal Fee Spat
• How to Draft an Energy Patent
• Happy Law: Presiding Over Adoptions is One of the Joys of Being Judge Bob Brotherton
• Ponzi Investor Splinter Group Loses Bid to Shake Up Stanford Receivership
• Where Were the Lawyers at Penn State?
• Foundation Can Intervene in Suit By O'Quinn's Longtime Companion
• 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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Roger Clemens' Lawyers Chide Prosecutors In Legal Fee Spat	Top
The attorneys representing Roger Clemens are pressing their demand in Washington that the government be forced to pay thousands of dollars in legal fees tied to the botched prosecution of the former baseball star this summer. Prosecutors said recently that the trial mistakes did not amount to misconduct.
How to Draft an Energy Patent	Top
Because of the subtleties in technology and related legal considerations, upstream and downstream U.S. energy patents should be drafted in a clear, strategic manner despite the fact that they fall into what can be called "unpredictable art," writes Carey Jordan, a partner in McDermott Will & Emery in Houston.
Happy Law: Presiding Over Adoptions is One of the Joys of Being Judge Bob Brotherton	Top
Judge Bob Brotherton's family history of adoption is one reason he says he looks forward to presiding over National Adoption Day on Nov. 19 in his 30th District courtroom in Wichita Falls. Presiding over adoptions is one of the joys of being a judge, Brotherton says. The work goes to the heart of why he became a lawyer, and later a judge: to make a positive difference in people's lives.
Ponzi Investor Splinter Group Loses Bid to Shake Up Stanford Receivership	Top
On Monday the Dallas federal district court judge overseeing the receivership of alleged Ponzi scheme R. Allen Stanford's collapsed financial empire threw out a motion by a group of disaffected investors who have been trying to intervene in the proceedings since June. The judge, David Godbey, found that the investor committee he approved last winter to assist in recovery efforts adequately represents the interests of Stanford's victims.
Where Were the Lawyers at Penn State?	Top
Very little is known about the role that Penn State's general counsel played during the various stages of the university's sexual abuse crisis — or is playing now. But one thing's clear: She wasn't anywhere near Penn State when the allegations first surfaced. Cynthia Baldwin is the first general counsel that Penn State has ever had, hired in January 2010.
Foundation Can Intervene in Suit By O'Quinn's Longtime Companion	Top
The John M. O'Quinn Foundation, the sole beneficiary of the estate of John M. O'Quinn in his will, has standing to intervene in litigation related to his probate case by O'Quinn's longtime companion, Darla Lexington, over assets. A 1st Court of Appeals panel unanimously denied a petition for mandamus filed by Lexington. Kathy Patrick, a partner in Gibbs & Bruns in Houston, represents the foundation.
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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