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 STATE BAR AND TYLA ELECTIONS
Online Voting Ends April 10 / Paper
Ballots Mailed April 15
By
mid-morning on April 7, nearly 7,000
attorneys across the state had cast
their online ballot in the State Bar
and TYLA elections. Although State
Bar and TYLA president-elect candidates
may no longer conduct outside campaigning,
you still have an opportunity to learn
more about the candidates.
Online voting ends April 10, but paper
ballots will be mailed to attorneys
who did not vote electronically. The
deadline for paper ballots is May
2, 2005.
Feature
TYLA Project
Just
Hang Up! Revisited
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(Left
to Right) Scam victim Daulton
Bissett, Attorney General
Greg Abbott, and TYLA President
David McAtee field questions
from senior audience members |
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In
October 2004, TYLA announced its
partnership with the Texas Attorney
General to educate senior citizens
about telemarketing scam artists
who target senior citizens. Former
first lady Barbara Bush
and former Governor of Texas Ann
Richards both graciously
agreed to serve as spokespersons
for two 30-second public service
announcements, which were unveiled
at a live program for seniors
in Austin (see
photo right).
The
program was well received by both
the audience and the press, but
a prevailing question emerged:
Is this message available in Spanish?
Although exixting posters and
newspaper print ads were available
in Spanish from the Attorney General's
office, a corresponding public
service announcement for television
and radio was not available. Therefore,
TYLA decided to postpone its media
push of the Barbara Bush and Ann
Richards PSAs in order to develop
a Spanish version.
This month nearly 200 television
stations and approximately 800
radio stations will be receiving
the original Just
Hang Up!
messages, along with the Spanish
version featuring Grammy award
winner Freddy Fender.
Article
of Interest
E-Alert:
Supreme Court Rules Attorneys' Fees
Income for Plaintiff
By C. Elaine Howard and William
H. Hornberger
 On January 24, 2005, the United
States Supreme Court held in Commissioner
of Internal Revenue v. Banks
that, as a general rule, the portion
of a contingency recovery representing
attorneys’ fees is includible
in an individual plaintiff’s
income for federal income tax purposes
in cases where the recovery itself
is income. This case resolves a
long standing split among the federal
Circuit Courts and reverses or modifies
previous cases from the Fifth, Sixth,
Ninth and Eleventh Circuits. (Cont.)
Tips
for Young Lawyers
When
a "Howdy" Leads to "Good-Bye":
Forum Selection Clauses in Texas
By
Mary
D. Newnam, Esq.
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Mary
Newnam |
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Your
client, U.S. Retail, Inc. ("U.S.
Retail"), is headquartered in New
York and sells gidgets (not to be
confused with widgets) across the
United States. U.S. Retail has a
contract with Texas Purchase Corp.
("Texas Purchase") to supply gidgets
to Texas Purchase (the "Agreement").
Texas Purchase uses the gidgets
to manufacture whatchamacalls that
it distributes in the southern and
eastern portions of the United States.
About three months ago, Texas Purchase
began alleging that the gidgets
supplied by U.S. Retail were faulty.
U.S. Retail denies these allegations
and contends its gidgets are of
the highest quality.
Regardless,
Texas Purchase filed a lawsuit against
U.S. Retail in Texas state court
in Dallas County. U.S. Retail has
just notified you of the lawsuit
and requested that you file the
necessary responsive pleadings.
Although you have expounded upon
the many attractions Dallas has
to offer its visitors, U.S. Retail
is not very excited about the prospect
of defending a lawsuit in Texas.
Specifically, U.S. Retail has requested
that you do everything you can to
have this matter dismissed. (Cont.)
TAKE
NOTE
Buy
A Star. Be A Star.
By
Lisa Richardson -
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An
estimated 65-70% of Texans in poverty
cannot afford desperately needed legal
services. Buy a specialty license
plate and help. TYLA sponsors the“And
Justice for All” license plate,
which costs $30 annually (personalizations
extra) and sports an impressive star
colored like the Texas flag with the
tagline “And Justice For All”.
All
proceeds from the sale of these plates
go directly to the fund established
by the Texas Supreme Court for civil
legal services to the poor (administered
by the Texas Equal Access for Justice
Foundation). So, buy your star with
the distinctively Texas flare today.
Just click onto www.TYLA.org
and click on the license plate in
any internal page or visit the TxDOT’s
website at www.dot.state.tx.us.
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