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Celebrating the Holidays During a Pandemic

Is it possible, in 2020, to carry on the age-old U.S. tradition of gathering with family and friends during the holidays? As new cases of COVID-19 continue to rise in record numbers across the U.S. and abroad, health experts like Isaac Bogoch, infectious disease expert, fear that since “[w]e know that the vast majority of … Continue Reading

Stories of Recovery: ‘The Scariest and Most Amazing Gift’

Editor’s note: This post was originally posted on July 25, 2018. Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call or text TLAP at 1-800-343-8527 (TLAP) or find more information at tlaphelps.org. A little over four years ago, I believed my life was over. Not … Continue Reading

Trauma-Informed legal advocacy

Let’s face it—lawyers are not the most comforting individuals. We can be intimidating. This stereotype has never been truer than when it comes to clients who are survivors of sexual abuse, sexual assault, and sexual harassment. The area of sexual assault litigation is still in its nascent stages, especially within the state of Texas, and … Continue Reading

Vote America: Court the Vote

In 2018, Texas made great strides in increasing voter turnout, increasing voter participation by 18 percentage points since the previous midterm election in 2014. However, even with that increase, Texas still ranked in the bottom half of states in terms of voter turnout by state. In fact, fewer than 50% of Texans exercised their right … Continue Reading

Does buying a house affect my estate plan?

The simple answer is a definite “yes.” For many people, a house is their most valuable asset, so adding one to your estate will affect many aspects of how your estate plan should be structured. As with any major alteration to your property holdings, or to any life-altering events—such as a birth, marriage, death, or … Continue Reading

Stories of Recovery: My Recovery Story

Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call or text TLAP at 1-800-343-8527 (TLAP) or find more information at tlaphelps.org. I attended my first recovery group meeting on January 27, 1968. I was 10 days past my 27th birthday. I had been an attorney … Continue Reading

Stories of Recovery: We are all in this together

Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call or text TLAP at 1-800-343-8527 (TLAP) or find more information at tlaphelps.org. Every Friday, I drove thirty minutes to the liquor store to purchase my week’s libations: a handle (1.75-liter bottle) of Johnnie Walker Black Label … Continue Reading

SBA provides safe harbors for payroll protection program borrowers

Created as part of the Coronavirus Aid, Relief, and Economic Security, or CARES, Act, the Payroll Protection Program, or PPP, is a federal relief program intended to provide small businesses with forgivable loans to keep workers employed during the COVID-19 crisis. Since its inception in late March, millions of businesses have applied for PPP loans. … Continue Reading

Stories of Recovery: How I Got Free

Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call TLAP at 1-800-343-8527 (TLAP), text TLAP to 555888, or find more information at tlaphelps.org. I spent my whole life before law school achieving great things academically and trying to be perfect—and to somehow prove to myself … Continue Reading

Stories of Recovery: Enough Is Enough

Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call TLAP at 1-800-343-8527 (TLAP), text TLAP to 555888, or find more information at tlaphelps.org. I have always struggled with the feeling of “not enough.” Not smart enough. Not nice enough. Not worthy enough. I could go … Continue Reading

Practical recommendations on seeking attorney’s fees

The Texas Supreme Court recently provided pointed guidance to litigants seeking attorney’s fees in a fee-shifting setting. “In short, to secure an award of attorney’s fees from an opponent, the prevailing party must prove that (1) recovery of attorney’s fees is legally authorized, and (2) the requested attorney’s fees are reasonable and necessary for legal … Continue Reading

Stories of Recovery: A Rocky Road to Sobriety

Editor’s note: This post was originally published on June 29, 2018. Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call TLAP at 1-800-343-8527 (TLAP), text TLAP to 555888, or find more information at tlaphelps.org. I started drinking in high school and immediately liked the way … Continue Reading

Stories of Recovery: The Wake-up Call

Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call TLAP at 1-800-343-8527 (TLAP), text TLAP to 555888, or find more information at tlaphelps.org. I am a trial lawyer. When I started practice 46 years ago, trial lawyers “were required” to work hard, play hard, and … Continue Reading

The Not-So-New World of Remote Depositions

Contrary to popular belief, remote depositions are not a new thing. What is new is the temporary suspension of the requirement that the deposition officer, aka certified shorthand reporter, be in the physical presence of the witness. As COVID-19 keeps us all at home, here are some important tips to remember when conducting a remote … Continue Reading

The Series LLC: Debunking the Nightmare

Brief Background and Introduction As a Texas commercial litigation and business lawyer, and clinical professor of business law, I am consistently advising clients and educating students as to the vast depth and complexities of the Texas Business Organizations Code and Texas Business and Commerce Code. However, business laws, both statutory and common law in nature, … Continue Reading

How to uncover a fraudulent potential new client

Lawyers, especially collection lawyers, are always looking for new creditor clients. Deceptive criminals have been preying on lawyers for years. Some “scammer detection” tips follow: Typically the “scammer” will contact you by phone or via email. The email will state that the “scammer creditor” company has a debt to collect from a debtor company in your area. Often the … Continue Reading

Stories of Recovery: Roller coaster ride of perfection

Editor’s note: This post was originally published on October 15, 2014. Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call TLAP at 1-800-343-8527 (TLAP), text TLAP to 555888, or find more information at tlaphelps.org. I’ve been given the precious gift of life three times; when … Continue Reading

Hold ’Em or Fold ’Em: Policing Texas Poker Rooms for Profit

Despite a criminal statute banning gambling in Texas, approximately 30 establishments have taken advantage of perceived loopholes in the law to operate openly as private poker clubs. Until recently, there has been little pushback from law enforcement. Perhaps realizing the potential for lucrative seizures, several of these private clubs recently came under the scrutiny of … Continue Reading

Stories of Recovery: My Moment of Clarity

Editor’s note: This post was originally published on March 15, 2016. Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call TLAP at 1-800-343-8527 (TLAP), text TLAP to 555888, or find more information at tlaphelps.org. I knew for some time that I might have a genetic … Continue Reading

Stories of Recovery: Helping a senior lawyer

Editor’s note: This post was originally published on December 8, 2015. Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call TLAP at 1-800-343-8527 (TLAP), text TLAP to 555888, or find more information at tlaphelps.org. Editor’s note: TLAP has put together a paper that might be … Continue Reading

Stories of Recovery: How I made it

Editor’s note: This post was originally published on April 21, 2014. Editor’s note: TLAP offers confidential assistance for lawyers, law students, and judges with substance use or mental health issues. Call TLAP at 1-800-343-8527 (TLAP) or find more information at tlaphelps.org. Even as a kid I identified with that cartoon character who walked around with a … Continue Reading

Jerry and Sherri Alexander: pro bono heroes

Hero: /hiro/: a person who is admired for achievements and noble qualities. Merriam-Webster Dictionary. By the definition above, it is easy to see why we chose the theme of “Not All Heroes Wear Capes” for this year’s Equal Access to Justice Campaign. In this endeavor, our EAJ heroes are admired not for their achievements, but … Continue Reading
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