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8 Advocate (Texas) 1 (1989)

handle is hein.barjournals/adsbate0008 and id is 1 raw text is: LITIGATION SECTION OFFICERS Terry 0. Tottenham, Chairman One American Center 600 Congress Avenue Austin 78701 512-474-5201 Frank Baker, Chairman-Elect One Alamo Center 106 St Mary's San Antonio 78205 512-226-4211 Forrest Bowers, Vice-Chairman 1401 Texas Avenue Lubbock 79048 806-762-0863 Doyle Curry, Secretary 201 W. Houston St. Marshall 75670 214-938-4395 Judge Alice Trevathan, Treasurer 151st Judicial District Court Harris County Courthouse Houston 77002 713-221-6289 COUNCIL TERMS EXPIRE 1988: T. Ray Guy Dallas Judge George M. Thurmond Del Rio Lev Hunt Corpus Christi Roy Barrett Waco TERMS EXPIRE 1989: Michael Connelly Houston Harriet Miers Dallas Jack Pasqual San Antonio Judge Catherine J. Crier Dallas TERMS EXPIRE 1990: Frank Southers San Antonio John F. Nichols Houston Judge David Keltner Fort Worth Steve McConnico Austin CORPORATE LIAISON; Charles Matthews Houston NEWSLETTER: The Advocate Editor-in-Chief Professor J. Patrick Hazel University o1 Texas School of Law 727 E. 26th St. Austin 78705 512-471-1158 U te Bar Litigation Teion Report The Advocate Vol. 8, No. 1 March 1989 CHAIRMAN'S REPORT In reading the December 1988 issue of The Advocate it should have struck us all that the time is now. I refer to the well written, practical and provocative articles on professionalism and more specifically to the implicit suggestion for rules of statewide application. The Supreme Court of Texas should promulgate rules of professional- ism embracing, at least, concepts expressed in the Dallas Bar Association's Guide- lines of Professional Courtesy and Lawyers Creed, the American College of Trial Lawyers' Code of Conduct;' and the synthesis of these in the standards of litigation conduct for attorneys appearing in civil actions in the Northern District of Texas ordered by the United States District Judges in the Dondi and Knight cases last year. In our eagerness to enact new disciplinary rules and procedures and to preserve the integrity of the integrated Bar at Sunset time, we may have lost sight of the reason why all these concerns are with us. Lawyers should, but do not, respect themselves. Leaving the issue of respect aside, however, there are pragmatic reasons why law- yers should treat clients, courts and other lawyers with more courtesy and consider- ation. Rambo tactics generate sanctions and malpractice suits. Can we afford either? The other branches of government, State and Federal, await the opportunity to con- trol the practice of law. If we fail to make the system work, they surely will try. The District Judges of Dallas County recently followed the lead of their counter- parts on the Federal bench. Lawyers and clients there will know their civility, hon- esty and fairness are expected professional conduct and not a sign of weakness. The same expectations should prevail throughout Texas. The Supreme Court has inherent power to control the practice of law. The State Bar should move the court to adopt rules of professionalism. There is strong sentiment among thoughtful lawyers in the Litigation Section, the Texas Bar Foundation, the Texas Trial Lawyers Association, the Texas Association of Defense Counsel and trial lawyers generally that we have to treat each other better than we do. F W. Baker Chairman EDITOR'S COMMENTS One of the most frustrating things to do in Austin is to try and keep up with the Legislature on a daily basis. It is more than a full time job. The Texas Trial Lawyer's Association probably does as well as anyone. Hence, much of what I have to report comes from them. Worker's Compensation is the big topic of the moment. The legislation (already passed the house) does away with a trial de novo and makes an appeal to a court an administrative review, i.e. substantial evidence. There are a multitude of other changes. If you are interested in them, write or call the legislature fora copy of House Bill 1. The next big item for litigators is really the one that is most important, i.e., judicial selection. The most important bills are S.B. 407 and S.J.R. 22, both introduced by Senator Caperton, containing a constitutional amendment and enabling legislation that provides for appointment by the Governor of appellate justices and judges and district judges in Bexar, Dallas, El Paso, Harris, Tarrant, and Travis counties and for confirmation elections on a non-partisan ballot of those justices and judges. Many speculate that the recent lawsuits regarding single-member districts for trial judges may aid in passage of this legislation and constitutional amendment. In the general area there is H.B. 520 mandating that exemplary damages, less plain- tiff's attorney fees, be deposited in the state treasury. H.B. 374 would provide the trial judge discretion to mandate cases for less than $25,000 to mediation. H.B. 536 would give the legislature control of State Bar funds. Finally, H.J.R. 39 is a constitutional amendment and enabling legislation to change civil juries from twelve to six persons. In the field of products liability there is a movement on to CODIFY present common law. And, we ain't seen nothing yet! J. Patrick Hazel Editor 1j%R Of~ C7e~m~

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