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10 Headnotes 1 (1986)

handle is hein.barjournals/hdba0010 and id is 1 raw text is: DALLAS BAR Hea-,dot4es A DLLAS BAR ASSOCATON 1986 Miracles of Modern Scientific Jurisprudence: THE EXPERT FACT WITNESS (& OTHER STUFF) Sometimes, as I sit around contemplating the decay of western civiliation, my spirits run downhill and I begin thinking about ex- pert witnesses. A lawyer uncle of mine once said: John L1 Hauer I conduct all my af- fairs in accordance with the advice of ex perts. After all, there is always a thousand-in-one chance they may be right, The opinions of experts are generally hariifess enough and as expressed in tne court- house are often quite amusing Recently, however, the flderal and state rules of civil procedure have been liberalized to open up the role of expert to include anyone who has knowledge, skill, experience, training or educ'ation in that area to testify tthefcts in issu (Fd. Rule 702; Texas Rule 7f;2) Su'h a person can now even testify to the ultimate issue to be decided by the trier of fact (Fed. Rule 704; Texas Rule 704) There is something disturbing about this. It used to be unethical to buy witnesses to the facts of a case. (Old joke: My attorneys fee is $1,000 if you furnish the witnesses, but $2,0(X ii I have to supply them) Even in medieva Compurgation proceedings, cimpurgators stopped short of purporting to swear to the facts in a case of which they had no personal knowledge. They merely swore to their belief that the accused was a truthful per- son telling the truth, And the procedure for Trial by Battle, a popular alternative method of dispute-resolution originated by the barbarian tribes of Europe. later adopted in England, was amended as early as the year 1275 A.D by an English statut pro- viding that the combatants or champions need not swear even to their belief in the cause they were seeking to uphold, It was up to God to decide who was right and He did it by fixing things so that the right side always came out the winner. Incredibly enough, the lawyer who hires an expert for an outrageous sum of money today (continued on page 4) MCLE REFERENDUM PASSES BY WIDE MARGIN Texas lawyers, by an overwhelning two to one margin, have approved a program that provides for minimum continuing legal education. Over two-thirds of the 44,500 lawyers licensed by the Slate Bar of rexas voted in the month-long referendum. Almost 70 prcent of the lawyers voting in the referendum approved the concept. Tehxas now becomes the largest bar in the na- tion tm impose Minimum Continuing Legal Education and the only state to ask its members to voluntarily impose this responsibility upon themselves State Bar President Charles Smith viewed the vote as critical. I believe MCLE is fair self regulation for lawyers. i am most proud that the membership of the Bar has spoken so strongly in suppoAt of continuing education. MCLE should go a I >ng way in imnpro irng the public image of the profe~ssion, Smith said. San Antonio attorney. D Hull Youngblood, Jr, who sered as state-wide cordinator for the reterendum viewed the vote as being one of the most importnt votes to ever laice the profession in lIexas. lThc profession stands at a crossroad, said Youngbkood, as lawyers we simply must work to keep our professional conmpetence high. The public demands we do so. Givetn the laige number of lawyers in Texas, much planning has gone into this program to make contnuitIg legal TOPICS Getting Your Act Ready for Trial Short Course in Choice of Law Anatomy of a Will Contest Practical Advice in Selecting & Implementing Computers Preventative Detention & the Bail Reform Act of 1984 Recent Developments in RICO Legal Advertising Videotape The Business Client & the US Immtigration Law Using Your Paralega Practical Points for Profitability Antitrust Directions of the Reagan Administration Managing Your Law Practice Efficiently education as accessible as possible, either through live programs or video programs, for lawyers to participate. In approving Minimum Continuing Legal Education, Texas lawyers will now be required to complete fifteen hours of continuing legal education each year in order t practice in the state After June 1, 1987, each attorney meeting these standards will report to the MCLE Com- mittee within 30 days following his or her birth- day. The rules do provide for some exceptions. For example, attorneys not practicing law can apply for non practicing status and attorneys over 75 years of age can be exempted. Bill Whitehurst, President-Elect of the State Bar characterized the passage of MCLE as be- ing a feather in the cap f all Texas lawyers. I am very proud to belotg to a profession that recognizes the importance of education., It is in- deed gratifying that over two-thirds of lawyers in this state let their voices be heard in this election, The Friday Luncheon Clinics presented by the Dallas Bar Association are acceptable for MCLE credit For the convenience of those members of the Dallas Bar who attended Clinics in 1985. but failed to note the dates of their at- tendance, this list of topics, speakers and dates subsequent to June 1, 1985 is provided below: SPEAKER Paul N. Gold Paul George & Fred Pederson Cecil W Casterline Peter S. Vogel William F Sanderson Gene DuBose Pierce Allman Wallace Heitman Michele Boerder Douglas Ginsburg DATES 6-14-85 6-21-85 9-13-85 9-20-85 9-27-85 10- 4-85 10-11-85 10-25-85 1- 8-85 1 1-22-85 Harris Morgan 12- 6-85

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