Malpractice insurance carriers
Texas Lawyer Podcasts and Video Blog
Texas Lawyer presents podcasts and a weekly video blog on a wide variety of issues of interest to the legal profession, as well as to consumers.
- First Amendment: Gag Orders and the Media
Does the Texas Constitution allow a trial court to enter a gag order forbidding jurors from speaking to the news media following a highly publicized civil trial? Paul Watler says a recent ruling addresses that question. - Labor & Employment Law: Changes Looming for the NLRA
Times are changing, says Michael Maslanka, and one of the things due for the biggest changes is the National Labor Relations Act. - Video Blog: Reversed & Remanded
John Council and Mark Donald discuss a suit against Fleming & Associates, a gift list for the lawyer who has everything, a high-profile legislator ordered to pay back child support, the conviction of a San Antonio solo, and a new lawyer for Judge Samuel Kent. - Legal Malpractice and Attorneys Fees
Randy Johnston discusses a ruling in Akin Gump v. National Development Research Corp. that clarified a holding that attorneys fees incurred in prior litigation may not be recovered as damages in a later legal malpractice case. The court also held that damages in a legal malpractice case are not to be reduced by any contingent fee that was applicable to the underlying case, he says. - Family Law: Virtual Visitation
Brad M. LaMorgese tells how the Texas Legislature has revised the Family Code to try to catch up to developments in communication technology — particularly in the area of visitation of children. It's known as "virtual visitation," he says. - What Lawyers Need to Know About Legal-Malpractice Insurance
Randy Johnston strongly recommends that lawyers carry malpractice insurance. A failure to carry insurance is one of the most inconsiderate things a lawyer can do, he says. In this podcast he outlines the basics of typical malpractice insurance policies. - Legal Malpractice: Arbitration Clauses in Fee Agreements May Torpedo Malpractice Insurance Coverage
Randy Johnston says he's seeing more-frequent use of arbitration clauses in fee contracts and engagement letters. While you may think that's a good idea, he says that clause may jeopardize your insurance coverage. - Criminal Law: The Supreme Court's Dilemma in Addressing Lethal Injection
The fact that the U.S. Supreme Court is considering the constitutionality of lethal injection has had an immediate effect on death row inmates, says Gary Udashen. If advocates for abolishing lethal injection are successful, he says, states will be back to the drawing board in developing new techniques of execution. - Video Blog
John Council and Mark Donald discuss: Craddick blames tort reformers, Ronnie Earle may not run again, Clarence Thomas finds a fan in Dallas, Mikal Watts sticks by his story, and the HLF trial is a disaster. - Labor & Employment: Baby Boomers and the FMLA
Mike Maslanka sees baby boomers caught in a big squeeze: caring for children, on one hand, and caring for aging parents on the other. The Family and Medical Leave Act comes into play in these cases, he says, but the contours of the act are malleable, even after years of being in effect. He expects more and more cases invoking the FMLA in the future. - Family Law: Alimony/Maintenance in Texas
Modern times have brought about court-ordered alimony -- which goes by the innocuous name "maintenance" in Texas, says Brad M. LaMorgese. But spousal maintenance in Texas is limited in duration, limited in amount, and limited even as to who can qualify for it, he says. - Legal Malpractice: Ghostwriting Pleadings for a Pro Se Litigant
Randy Johnston discusses the "huge ethical issue" of ghostwriting a pleading for someone who is not a lawyer. In some jurisdictions, he says, ghostwriting is unethical per se as a fraud upon the court, while in others it is an accepted practice. - Bankruptcy Law: Second-lien Financing, the Next Wave of Bankruptcies and Intercreditor Agreements
Gregory Gordon says second-lien financings have become increasingly popular in recent years. The next wave of corporate bankruptcies will almost certainly feature disputes between second-lien and first-lien lenders, he predicts. - Advice for First-Time Corporate Litigants in Employment Cases
With the possibility of Democrats reclaiming the White House and maintaining a majority in Congress, Michael Maslanka sees a possible seismic shift in employment law, including the number of jury trials. He offers some advice for parties who might find themselves involved in litigation, especially first-time corporate litigants in the employment arena. - Legal Malpractice: Discovering Your Own Malpractice
What are your duties when you realize you've made a big mistake that puts you into a conflict of interest with your client? Randy Johnston gives some advice: full disclosure, informed consent. - Employment Cases to Watch at the U.S. Supreme Court
The U.S. Supreme Court — what Michael Maslanka likes to call "The High Nine"— is going to consider four employment questions beginning this October. He outlines those four cases in this podcast. - Insurance Law: The Folly of Fortuity
The fortuity doctrine has its place as a legitimate gatekeeper in avoiding fraud in the insurance world, says Ernest Martin. But rather than focusing on whether the insured actually committed the fraud, Texas courts have erroneously focused on whether some third-party has alleged that the insured committed fraud to determine the doctrine's applicability. - Look Before Leaping When Filing Infringement Suits
Lots of lawyers think they understand what it takes to file a patent infringement suit, but federal courts can and do sanction firms and their clients for inadequate pre-filing investigations. Being diligent in the pre-filing legal and factual analysis might just save your reputation -- and your wallet -- from permanent damage. - Video Blog
John Hill's unfinished mission, a lawyer misses a hearing and goes to jail, John Cornyn raps his potential foe, protecting attorney-client privilege and Harriet Miers is a no-show. - Personal Injury and Civil Trial Law: Five New Rulings on Personal Injury Cases
Ralph C. "Red Dog" Jones discusses five new cases concerning (1) the made-whole doctrine, (2) informed consent in a medical-malpractice case, (3) the recreational use statute, (4) a contractor/subcontractor issue and (5) taxation of recovery in a whistleblower suit. - Legal Malpractice: Former Clients and Conflict of Interest Waivers
Juries hate conflict waivers, says Randy Johnston. "They interpret your conflict waiver as proof that you knew what you were doing was wrong but you talked the client into letting you do it anyway," he says. - Bankruptcy Law: The Zone of Insolvency - Directors, Creditors and Fiduciary Duties
Gregory Gordon reports on a recent ruling by the Delaware Supreme Court, which rejected the proposition that a director's fiduciary duty shifts to creditors when a corporation is in the zone of insolvency, but not insolvent. The decision provides important guidance to directors, he says. - Beyond the Grave: Legal Mal Claims Involving Wills
A long-standing prohibition on estate beneficiaries suing a lawyer who drew up a will or trust document gave estate planners a great deal of comfort because only the client could sue them, and the client would be dead before a claim appeared. But Randy Johnston says that protection isn't as broad as many have believed. He offers three suggestions to protect yourself. - First Amendment: 5th Circuit Hands Newspaper a Victory
When the sex lives of lawyers hit the courthouse, the news media have a common-law privilege to report on
