Posted inNewsVeterans

Free legal clinic for veterans in Galveston

The Galveston County Bar Association and the Houston Bar Foundation’s Veterans Legal Initiative are sponsoring a free legal clinic for veterans on Saturday, May 5, from 9 a.m. to noon.

Veterans and spouses of deceased attorneys can receive one-on-one advice and counsel from volunteer attorneys in family law, wills and probate, consumer law, real estate and tax law, and disability and veterans benefits. Continue Reading

Posted inAmerican Bar AssociationCLENewsTexas Supreme Court

Texas Supreme Court addresses attorneys’ tech competence in amended comment to disciplinary rule

A Texas attorney’s duty to maintain competence in the practice of law includes knowing about relevant technology, according to a new Texas Supreme Court order.

The court, in Misc. Docket No. 19-9016, amended Paragraph 8 of the comment to Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct, which deals with competent and diligent legal representation. Under the amended comment, maintaining proficiency and competence in the practice of law includes knowing “the benefits and risks associated with relevant technology.”

The amendment mirrors a change made to the American Bar Association model rule in 2012. Continue Reading

Posted inMust-ReadsNews

March must-reads

Need a head start on the Texas Bar Journal before your copy arrives in the mail? We’ve got you covered. Check out our editorial staff’s top picks for a look at discovery related features and the state of the judiciary in Texas. And don’t forget to read Movers and Shakers, Disciplinary Actions, and Memorials.
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Posted inArticlesGuest BlogNews

Best interest of the child under the Individuals With Disabilities Education Act

It is a timeless and eternal verity that we all cherish our children and seek to ensure their overall well-being in every facet of their lives and stage of development. No sacrifice is too great to achieve that paramount aim. In the context of family law and the dissolution of marriage where children are involved, the summum bonum of all such cases is to arrive at a resolution that serves the best interest of the child, as that legal lodestar is defined in Tex. Fam. Code § 153.002: “The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”

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Posted inArticles

Beware non-compete agreements in Louisiana: ‘Toto, I’ve a feeling we’re not in Texas anymore’

Multi-state non-compete agreements are commonplace. Enforcing these agreements is generally not a problem, as most states use a reasonableness test for determining their enforceability. Texas law requires an evaluation of reasonableness as to time, geographical area, and activity being restrained, not unlike most other states (Tex. Bus. and Com. Code § 15.50). If the reasonableness test is met, these agreements can be enforceable. Not so in Louisiana.

Companies and individuals outside of Louisiana seeking to do business there are often surprised by Louisiana’s non-compete law. Louisiana does not use a reasonableness test to determine the validity of non-compete agreements. To the contrary, contracts that restrain someone’s right to work are presumed to be invalid in Louisiana. Moreover, Louisiana law prevents efforts to avoid the applicability of Louisiana’s strict law in contractually providing for the applicability of another state’s law in a non-compete agreement involving an employer/employee relationship. In short, in seeking to enforce a non-compete agreement in Louisiana, Louisiana law cannot be avoided.

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Posted inLaw Firms and Legal DepartmentsNews

Cochran Firm celebrates Black History Month

Larry Taylor Jr., a Texas partner in the Cochran Firm, presents a $500 check to competition winner Jhaniya Rodgers.

The Cochran Firm in Dallas kicked off its inaugural High School Black History Cooking Competition to celebrate Black History Month and the soul food traditions of African Americans. Select culinary programs from Dallas area high schools participated and six finalists crafted meals on February 19 at Cedar Hill High School.

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Posted inLocal BarsState Bar

Entries sought for local bar association awards

The State Bar of Texas Local Bar Services Committee is now accepting local bar association submissions for the annual Stars of Texas Bars Awards and Judge Sam Williams Award.

The Stars of Texas Bars Awards include eight award categories that recognize local bar associations for outstanding community involvement, commitment to increasing access to justice, dedication to the profession, and excellent reporting from May 1, 2018, to April 30, 2019. Each local bar has the opportunity to receive awards based on its division. Divisions are broken down by the size of bar membership. Continue Reading

Posted inNews

Reminder: Comments accepted on proposed advertising rules

The Committee on Disciplinary Rules and Referenda (CDRR) will continue to accept public comments concerning the proposed lawyer advertising rules through March 1, 2019. You can submit comments here.

Interested in law firm trade names? Take the CDRR’s poll.

The CDRR is responsible for overseeing the initial process for proposing a change or addition to the disciplinary rules (Gov’t Code § 81.0873). For more information, go to texasbar.com/CDRR.

To subscribe to email updates, including notices of public hearings and published rules for comment, click here.

Posted inLocal BarsNewsSpecial Event

Come out to Law Night and watch the Dallas Mavericks take on the Philadelphia 76ers

Get your tickets to watch the Dallas Mavericks against the Philadelphia 76ers at 7:30 p.m. on April 1.

Stick around after the game as each person who purchases through this Law Night promotion will be able to access the court post-game to attempt a free throw!

For every advanced ticket purchased, a $2 donation will be made to the Texas Access to Justice Foundation’s Joe Jamail Endowment for Veteran Legal Services.

Are you game? Tickets here.

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