National Trial Competition
Bigger and Better in 2005

The National Trial Competition (NTC) marks its 30th Anniversary in 2005 with increased participation and support. This annual mock trial competition for law students, sponsored by the Texas Young Lawyers Association and the American College of Trial Lawyers, is open to all ABA-accredited law schools in the United States. This year's competition has record participation, with 135 schools competing in the 13 regional competitions around the country. Regional competitions are being held the first three weekends in February. The top two teams from each region will advance to the championship rounds being held in San Antonio from March 31-April 2, 2005.

Beginning this year, awards to the winning teams are also increased. Customarily the ACTL annually invites the Best Oral Advocate (and, if not on the same team, a member of the championship team) to its annual meeting, at which the winning team is presented with a silver bowl and the Kraft W. Eidman Award sponsored by Fulbright & Jaworski. This $5,000 gift is being increased to $10,000 in 2005. The Best Oral Advocate receives the George A. Spielberg Award sponsored by Fried, Frank, Harris, Shriver & Jacobsen. And new for the coming year, the firm of Beck, Redden & Secrest will present a $5,000 award to the second place team.

The NTC committee is currently seeking volunteers to serve as judges and witnesses for the competition in San Antonio. If interested, please contact Dan Hargrove (witnesses) or Ramon Molina (judges).

Feature TYLA Project
We The Jury

Bar associations across the country are focusing on the American jury system. The American Bar Association pronounced this year's Law Day theme to be "The American Jury: We the People in Action." Further, ABA President Robert J. Grey, Jr. launched an American Jury initiative while ABA-YLD Chair Barrett Watson adopted TYLA's We the Jury curriculum as a national project. Although the project was developed by TYLA in 1999 (under President Ray Thomas of McAllen), the national focus has rejuvenated the program in Texas.

Scott Renick, our TYLA director from Beaumont, has worked with school outreach efforts throughout his term on the TYLA board. He shares his unique perspective on the importance of this popular TYLA program. (continued)

TYLA Affiliates Team Up to Put on Joint CLE
By Alison Sanders -

The Sixth Annual Las Vegas CLE is scheduled for Saturday, February 19, 2005. This popular annual event is sponsored by Amarillo Area YLA, Dallas AYL, and Austin YLA. Lawyers of all ages are invited on this pilgrimage to Las Vegas, which presents an opportunity to earn about 5 hours* of quality, diverse, and affordable CLE (*pending approval); network with lawyers from around the state; see great shows; enjoy fabulous shopping; play unbelievable golf courses; and of course, try your luck at some of the games of chance. (continued)

Dram Shops Beware
By Jon J. Bailey -

On September 3, 2004, in F.F.P. Operating Partners, L.P. v. Duenez, 47 Tex. Sup. Ct. J. 1068, 2004 WL 1966008, (Sep 03, 2004), petition for rehearing filed (Oct 19, 2004), a divided Texas Supreme Court held that a licensed alcohol seller is jointly responsible with its patron when it provides alcohol to an obviously intoxicated patron and that patron harms another. Although a motion for rehearing is still pending, the Duenez opinion has already begun to drastically impact the face of dram shop litigation in Texas. (continued)

The Enemy of My Enemy is My Friend:
The Joint Defense Privilege
By Jason Augustine -

Jason R. Augustine

Trial lawyers often find themselves defending one of several defendants in a lawsuit. Depending on the claims and defenses in the case, they may need to communicate with lawyers defending other parties to discuss defense strategy and understand the case from different perspectives. It is critically important for trial lawyers to know and understand which communications are protected from discovery. Texas recognizes a joint defense privilege in TRE 503. It states:

(b)(1) A client has a privilege to refuse to disclose and to prevent and other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client: . . . .

(C) by the client or a representative of the client, or the client’s lawyer or a representative of the lawyer, to a lawyer or representative of a lawyer representing another party in a pending action and concerning a matter of common interest therein.

Courts view the joint defense privilege as an exception to the rule that waives the privilege for confidential communications disclosed to third parties. Accordingly, communications between lawyers representing co-defendants are privileged as long as those communications relate to a matter of common interest between the defendants. (continued)

TAKE NOTE

State Bar Referendum Passes

More than 28,000 Texas Lawyers voted to pass both ballot items in the fall 2004 referendum. Ballot items included proposed restrictions on Texas lawyers dividing legal fees when a case is referred from one attorney to another lawyer not in the same firm and new amendments limiting lawyer advertising.

Ballot Item A: Division of Fees

Yes - 15,257 (54.29 percent)
No - 12,847 (45.71 percent)

Ballot Item B: Information About Legal Services

Yes - 21,462 (76.55 percent)
No - 6,573 (23.45 percent)

Ballot Item A was in response to the Texas Supreme Court’s adoption of Texas Rule of Civil Procedure 8a, affecting referral fees on October 9, 2003. In authorizing the referendum, the Court concluded that it would withdraw its order adopting proposed Rule 8a of the Texas Rules of Civil Procedure if the Bar membership approved its own proposal.

The Court will promulgate new rules and adopt an implementation schedule. Further information will be posted on the State Bar website as it becomes available.

Urban Myth: Wireless 411 Directory

Do not be fooled by the recent rash of e-mails circulating across the state indicating that all cell phone numbers will be published in a
national "wireless 411 directory" unless the number had been added to the national do-not-call registry before Dec 31, 2004.

According to the Texas Attorney General's Consumer Protection Division, the wireless 411 directory is going to happen but is purely an
opt-in directory. And it has nothing to do with the national (or state)
do-not-call list. Note, however, that you CAN register your cell phone number on the national do-not-call list. It is free.

TYLA AND STATE BAR ELECTIONS ARE JUST AROUND THE CORNER. NOMINATING PETITIONS ARE DUE MARCH 1ST.
Nominating petitions require signatures from 5% or 100 members in a district, whichever is less. It is not too soon to begin the process.

Position & Signature Chart
Nominating Petition Form