Publications

Introduction This paper will discuss the working relationship of attorneys and paralegals. Specifically, discussing ethical considerations; how attorneys can effectively utilize paralegals; the duties and roles paralegals play in a lawyer-client relationship; how to form an effective lawyer-paralegal partnership; and why that partnership is important to a successful law practice. Ethical Considerations Parrots: Eagles such […]

1)    Scope of Paper This paper attempts to summarize recent cases which have some significance in the area of evidence law.  I have tried to group the cases according to the relevant Rules of Evidence and by subject matter of the substantive law points. The Supreme Court of Texas changed the standards for a no-evidence […]

I.                        SCOPE OF PAPER This paper attempts to summarize recent case law developments with significance in the area of oilfield litigation.  Special problems and resources to consider are also included. II.                        BASIC DOCUMENTS; MASTER SERVICE AGREEMENTS AND DRILLING CONTRACTS The Master Service Agreement is typically entered into between larger entities, and covers a number of […]

INTRODUCTION Abstract Preserving error at the trial court level is a crucial element of practice that presents numerous pitfalls for unaware or unprepared attorneys. Walking through the entire trial process, from pleading to post-verdict motions, this article seeks to sift through the complexity and provide lawyers with knowledge of the steps involved in preserving error. […]

I.                   Scope of Paper All expert witnesses have a past.  The ability to find and utilize that past is important when deciding whether to retain or impeach an expert witness.  This paper outlines some of the areas which may be fruitful for this sort of research. II.                Daubert History – Generally A.                 Positive Treatments  A. […]

Scope of Paper Expert witnesses have histories.  Knowledge of the experts’ history and track record with regard to Daubert challenges and other motions to exclude can be important in the decision to retain an expert and the approach to use when challenging the other side’s expert (or defending your own).  This paper outlines some of […]

Introduction This paper offers a preliminary discussion of the law governing evidentiary requirements and proof techniques for causation and damages in personal injury cases.  A brief, but comprehensive, discussion on the recent “paid and incurred” issue that has arisen with the passage of the (relatively) new Texas Civil Practice & Remedies Code §41.0105 is also […]

Introduction Experts are one of the most valuable and difficult tools in a litigator’s arsenal.  Preparing your expert for pre-trial challenges is imperative to any complex litigation. Experts are expensive.  After an expert is retained, briefed, prepared, designated, and deposed, they can cost several thousand dollars.  It would be a financial drain to have the […]

Introduction This paper discusses discovery and deposition strategies for medical malpractice cases.  It also addresses current procedural rules affecting the taking and use of depositions in medical malpractice cases. Section II of this paper is devoted to discovery related issues and primarily focuses on the written forms of discovery.  Depositions are discussed in Section III […]

Introduction This first sections of this paper discusses methods for obtaining insurance payments during bankruptcy.  Specifically, it  addresses obtaining insurance payments in bankruptcy under property insurance, director and officer liability insurance, business interruption policies, and key man policies.  It also discusses obtaining insurance payments during bankruptcy on personal injury claims and life insurance. The latter […]