Estate Planning for Single Women: Safeguarding Your Client’s Future

Estate planning for single women is often overlooked. Without a spouse to assume key responsibilities in times of need, estate planning is crucial to ensure that your client’s wishes are honored and their loved ones are protected in the event of incapacity or death. When you counsel single women clients, it is important they know that they can safeguard their …

Bending the Rules: The Argument Against Non-Lawyer Entities Providing Legal Services

This is the fifth installment of the “Bending the Rules” series. Previous installments can be found online at austinlawyeronline.com. The interest in non-attorney-owned entities providing legal services in such states as Texas, Utah, and Arizona is not without skeptics. Established by the American Bar Association’s Model Rule 5.4 and enforced by many states’ supreme courts, the rule prohibits fee sharing …

Non-Compete Agreements: An Update on the Anticipated FTC Ban

In August, a big decision was made in Texas regarding the anticipated federal ban on most non-compete agreements that was supposed to take effect on Sept. 4, 2024. The anticipated ban is also known as the U.S. Federal Trade Commission (FTC)’s “Non-Compete Rule” of 16 C.F.R. § 910.1-6. U.S. District Judge Ada Brown granted summary judgment for a business entity …

Gala Sponsorships Now Available; Make Plans for January 25

The Austin Bar Foundation Gala is Jan. 25, 2025, at the Four Seasons! Are you interested in sponsoring the event? Below are our sponsorship levels and their benefits: Benefactor Sponsor– $15,000  • Table for 10 guests. Premium table placement at the front of the stage • Recognition in program • Recognition on website • Recognition in the Austin Lawyer publication …

Austin Bar Launches Legal Expert Network

The Austin Bar has launched its Legal Expert Network to provide the media valuable sources when reporting on important cases, legal matters, legislation, and more. The Austin Bar is committed to being a resource connecting the legal profession with the larger community.  Part of the Austin Bar’s mission is to enhance the legal profession through education. We can accomplish this …

Austin Bar Members Appear Before SCOTX to Deliver Oral Arguments

Family Law – Divorce Decrees Douglas W. Alexander Alexander Dubose & Jefferson, for Petitioner In The Matter of The Marriage of Carlos Y. Benavides, Jr. and Leticia R. Benavides The issues in this case are (1) whether, and in what circumstances, a guardian may petition for divorce on behalf of a ward and (2) the effect of one spouse’s death on the …

District & County Court Jury Trial Verdicts October 2024

Editor’s Note: The monthly jury trial verdicts update is first published through Bar Code and the Austin Bar app. Download the app today on either the App Store or the Google Play Store. CIVIL Fortunate Payne and Josselyn Martinez v. Cynthia Owens Cause No: D-1-GN-22-002136 Judge: Daniella Deseta Lyttle, 261st Civ… To view the rest of this article, please log …

Third Court of Appeals Criminal Update October 2024

The following is a summary of selected criminal opinions issued by the Third Court of Appeals from February 2024.  The summary is an overview; please review the entire opinions.  The subsequent history is current as of Sept. 5, 2024. LESSER-INCLUDED OFFENSES: Assault on a public servant vs. resisting arrest. Resisting arrest was not a lesser-included offense of assault on a …

Third Court of Appeals Civil Update October 2024

The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2024. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Sept. 13, 2024.  TRIAL PROCEDURE: Commercial-speech exemption barred TCPA dismissal.  Carpenter v. Daspit Law Firm, PLLC, No. 03-22-00466-CV (Tex. App.—Austin Aug. 14, 2024, no pet. h.) …

Federal Civil Update October 2024

The following are summaries of selected civil opinions issued by the Fifth Circuit in August 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Federal agency lacked statutory authority to promulgate decisional rules for insurance rate arbitrators. Tex. Med. Ass’n v. U.S. Dep’t of Health & Hum. Servs., 110 F.4th 762 …