General Litigation Issues
- “Contempt: Special Protections for Texas Lawyers“, by José Guerrero, Esq. and Bob Bennett
“Generally, any act or omission by an attorney or a party that tends to obstruct or interfere with the administration of justice or that impairs the dignity of the court can be grounds for the big “C”.i Moreover, contempt can be classified in several ways, depending on where the contempt occurs, it may be either direct or constructive and regardless of the nature of any underlying legal action from which the contempt arises, it may be either criminal or civil. A direct contempt occurs within the presence of the court and a constructive (or indirect) contempt occurs outside the court’s presence. In Texas, any party to the litigation, or the court, can initiate contempt proceedings to determine whether the direct or constructive behavior constitutes a contempt of court. ” Click the Article’s Title to continue reading [PDF].
- “Mandatory Arbitration Hits Home“, by Bob Bennett, et al. (Reprinted from Texas Lawyer, May 2002)
“Texas and federal courts provide little protection to consumers trapped in arbitration agreements. The recent housing surge in the Lone Star State gave rise to a number of disputes between homeowners and homebuilders. Many homeowners learned, to their chagrin, that during the excitement of signing the contracts for their dream homes, they may have inadvertently signed away the constitutional right to have juries settle complaints against the homebuilders. ” Click the Article’s Title to continue reading [PDF].
- “Foreign Corrupt Practices Act & What Corporate Counsel Should Know“, firm publication
“What Corporate Counsel Should Know: In addition to understanding the summary of the Foreign Corrupt Practices Act given below, corporate counsel must pay heed to the potential conflicts of interest and maintaining the attorney-client privilege. ” Click the Article’s Title to continue reading [PDF].
- “Trial Demonstration: Direct and Cross of Legal Malpractice Expert, State Bar of Texas Expert Witness Course, (2/2002)“, by Bob Bennett
“The Supreme Court’s disciplinary rules are to be treated as statutes. Disciplinary Rule 1.03 imposes a fiduciary duty on attorneys in their relationship with their client: an attorney must act with utmost fairness and in good faith, with a duty to represent his client with undivided loyalty, (which requires a full and fair disclosure of the terms of a proposed settlement ), to preserve a client’s confidences, and to disclose to the client any information that might prevent the fulfillment of these obligations. ” Click the Title to continue reading [PDF].
- “The Small Law Firm & Strategic Alliances“, by Bob Bennett (1996 Houston Bar Association)
“I recommend the following guidelines to solo practitioners and small firms interested in forming strategic alliances.” Click the Article’s Title to continue reading [PDF].