The opinions expressed in Entre Nous are those of the author and do not necessarily represent the views of the Austin Bar Association membership or the Austin Bar Association board of directors. My travels take me through a lot of airports, and being a friendly—okay,“nosy”—guy, I almost always strike up a conversation with a fellow passenger after carefully considering whether

After this year’s impeachment trial, you may find yourself sitting around the Thanksgiving table being peppered with questions from your family about the Texas Rules of Evidence. While you can’t be expected to explain all the nuances of hearsay over pumpkin pie, here are a few quick refreshers that you can use for Great-Aunt Clara’s questions and your own trial

This column summarizes two kinds of legal-writing plagiarism and then presents a recent article that proposes a new view of plagiarism in law practice. Law-School Plagiarism In In re Zbiegien, a student who committed plagiarism in a law-school seminar paper was confronted, admitted the plagiarism, and accepted the law school’s penalty: a grade of F. Although he disclosed the plagiarism

The following are summaries of opinions issued by the Fifth Circuit in September 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. MAGISTRATE JUDGE REFERRALS: Undisclosed relationship between magistrate judge and plaintiff’s lead counsel may vitiate defendant’s consent to trial before the magistrate. IFG Port Holdings, LLC v. Lake Charles Harbor & Terminal

The following are summaries of selected civil opinions issued by the Third Court of Appeals during September 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Oct. 9, 2023. FAMILY LAW: Court holds fit-parent presumption did not apply in challenged modification proceeding. Johnson v. Kimbrough, No. 03-22-00100-CV (Tex. App.—Austin Sept. 20, 2023, no

The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from May 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of Oct. 1, 2023. PUNISHMENT ENHANCEMENTS – OUT-OF-STATE CONVICTIONS: Enhancement of defendant’s sentence using out-of-state conviction was legal. Smith v. State, No. 03-21-00368-CR (Tex. App.—Austin May

Inspiring dismay in litigators nationwide, in the now-infamous case of Mata v. Avianca, two New York lawyers submitted “non-existent judicial opinions with fake quotes and citations created by the artificial intelligence tool ChatGPT” to the federal district court and continued to “to stand by the fake opinions after judicial orders called their existence into question.”1 The public release of ChatGPT

This is the fourth in a series of eight articles about the Travis County Forensic Mental Health Project. The Travis County Forensic Mental Health Project delivered its recommendations to the Travis County Commissioners in March 2023. The goal of these recommendations is to provide solutions other than jail to address mental health and substance abuse disorders in the county. Recommendation

In the complex labor and employment law world, the importance of workplace investigations cannot be overstated. Understanding why workplace investigations matter is fundamental for attorneys specializing in this field. These investigations have legal implications and impact the financial well-being of both employers and employees. Title VII and Financial Implications First and foremost, workplace investigations are pivotal because of Title VII

Is 14 hours enough for a public defender (PD) to handle a felony case? “No,” is the conclusion of a new study sponsored by the Rand Corporation. In 1973, the National Advisory Commission on Criminal Justice Standards and Goals determined that a PD can handle a yearly maximum of 150 felony cases, 400 misdemeanors, 200 mental health cases, 200 juvenile