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Continuing Legal Education

JUST ETHICS (VIDEO PRESENTATION)
May 11, 2012
Emilie Slohm Room
12:00 noon - 1:00 p.m.


THE ATTEMPTED ASSASSINATION OF THE AMERICAN RULE:
How "Loser Pays" Almost Became "Winner Pays"

Presented by:
Steve Waldman, Waldman Law Firm, P.C.


More than 200 years ago, the United States Supreme Court determined that attorney's fees were to be the responsibility of the party that incurs them - a principle now commonly known as the "American Rule." Recently, however, Texas House Bill 274 would not merely have overturned the American Rule, but would have allowed the losing party in a lawsuit to obtain money from the winning party. In other words, a bill that was originally being touted as "loser pays" was, in reality, a bill mandating "winner pays."

This session of Just Ethics will include a brief history of the American Rule, explore its practicalities through several hypotheticals, and examine the evolution of House Bill 274 from introduction to enactment.

Emphasis will be on the ethical implications of the recent changes (as a result of the enactment of House Bill 274) to Chapters 38 and 42 of the Texas Civil Practice and Remedies Code.



Accredited for 1.0 hour of participatory credit, including 1.0 hour of legal ethics.




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