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Legal-Mal Plaintiffs Can Recoup Fees Paid to Fix Lawyers' Mistakes

The Texas Supreme Court ruled on Oct. 30 that a legal-malpractice plaintiff can recover as damages the money it paid to fix a firm's negligence. But the opinion is not a complete win for the plaintiff because it lost the majority of its damages claims against Akin Gump Strauss Hauer & Feld.

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Decision of the Day

United States v. Menchaca-Castruita

(5th Cir. 10/29/2009)

In the present case, the police officer had no articulable reason to believe that someone else might be inside the residence posing a threat to the officer or the bystanders, or that any evidence was at risk of destruction or removal. The mere presence of illegal drugs and weapons does not justify a protective sweep. Dallas Court of Appeals, No. 08-40403, 10-29-2009

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  • Fashion Fridays: How to bring old favorites back to life.
  • First and Second Amendments: ACLU representing students who seek to protest ban on concealed weapons.
  • A friend remembers: Lawyer says he and O'Quinn were supposed to be on flight together to see client.
  • Firm windup, charity: O'Quinn's will has been filed for probate. 
  • Lawyering up: Family of employee killed in wreck with O'Quinn hires counsel. 
  • Contributions: Several firms are among sponsors of a new nonprofit news site.
  • When tragedy struck: Now we know what O'Quinn was doing that fateful day.
  • See the Full Blog >> 
  • Work Matters
  • Always ask: Three questions to help resolve ethics issues.
  • Independent contractors: Economic dependence could nix that status.
  • Sexual orientation is critical: Same-sex sexual harassment decision makes this a threshold issue.
  • Smart incentives: Shed the rose-colored glasses and face reality.
  • Not a shield: Delegating hiring to an independent contractor doesn't let employers off the hook for discrimination.  
  • Privilege, schmivilege: Another whistle-blower worry for employers. 
  • See the Full Blog >>

Videos and Photos

Texas Lawyer senior reporter John Council talks with Tex Quesada, president-elect of the Texas Trial Lawyers Association, about the career and influence of the late John O'Quinn and about the recent disqualification of a law firm in an insurance-coverage case because of a possible conflict involving a legal assistant.

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  • 2009 Managing Partners Survey: If you are a managing partner or a partner-in-charge of one of your firm’s Texas offices, Texas Lawyer is interested in your opinions about law firm leadership.
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  • I Like Being a Lawyer: Billable hours. Demanding bosses and clients. Student loans. A lack of civility. We all know the cons of being a lawyer, but what are the pros? Tell us the top five reasons you like being a lawyer.

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