Katie Mccloud Texas University Contract

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                              February 2010

                              Vol. 27, No. 2                  THE
            The Docket                                NAWL Sponsors February Social
                                                                                                                                        by Carolyn Chinn

February 9 (Tuesday)
DAYL Equal Access to Justice Committee Meeting                        oin the DAYL and the Na-         ing in the surface lot at Field and Munger.
Noon, Belo Mansion                                                    tional Association of Women      For those coming from the Fairmont, there is
February 9 (Tuesday)                                                  Lawyers (NAWL) along with        tunnel access, as well. This is a unique location
Career Challenges Breakfast                                           the Texas Young Lawyers As-
7:30 a.m., Dream Cafe in Addison
                                                                                                       and promises to be a night to remember!
                                                      sociation (TYLA) for a Cocktail Reception           The event is planned to coincide with
February 9 (Tuesday)
DAYL Ask-A-Lawyer Committee Meeting
                                                      on Thursday, February 25, 2010 from              NAWL’s national conference being held in
7:00 p.m., Cafe Express Mockingbird Station           5:30 - 8:00 p.m. (note we are starting things    downtown Dallas February 24 -25, 2010. To
February 10 (Wednesday)
                                                      a little early!). The event will take place at   register to attend the conference, go to
Lunch and Learn - Discovery                           Avanti Fountain Place. Avanti is next door       www.nawl.org. A calendar including speakers
Noon, Belo Mansion
                                                      to the Fairmount Hotel at 1445 Ross Av-          and honorees can also be found at this website.
February 10 (Wednesday)                               enue at Field Street.                               This is an exciting networking opportu-
DAYL Judiciary Committee Meeting
Noon, Belo Mansion                                        The cost is $3 for DAYL members and          nity for members of DAYL, NAWL and
                                                      $5 for non-members and there is free park-       TYLA and we hope to see you there.
February 11 (Thursday)
DAYL Barristers for Babies Committee Meeting
11:30 a.m., Belo Mansion

February 11 (Thursday)
DAYL Freedom Run Committee Meeting
Noon, Belo Mansion

February 11 (Thursday)
DAYL Program at SMU on Business Correspondence
12:30 p.m.

February 12 (Friday)
Trivia Bowl Registration Deadline                     “Career Challenges” Breakfast Discussion
                                                                                                                                       by Alyson Vrana
February 15 (Monday)

Judicial Intern Application Deadline                               oin DAYL on Tuesday, understand the current career challenges.
February 16 (Tuesday)                                              February 9, 2010 at 7:30     Attendees will also have the opportu-
DAYL Elder Law Committee Meeting                                   – 9:00 a.m. for an infor- nity to offer suggestions on how DAYL
Noon, Belo Mansion
                                                                   mal breakfast discussion can further aid its members in meeting
February 16 (Tuesday)
DAYL Animal Welfare Committee Meeting
                                                      group on career challenges currently the challenges of the current job market.
Noon, Belo Mansion                                    facing attorneys. The event will be at Additionally, Shari Keely of the recruit-
February 18 (Thursday)
                                                      the Dream Café in Addison at 5100 ing firm Newhouse, Noblin, and Highley
DAYL Food for Thought Committee Meeting               Beltline Rd., Dallas, TX 75254, will provide a brief overview of the cur-
6:00 p.m., The Tower Club
                                                      972.503.7326                                                   rent legal market
February 23 (Tuesday)                                 ( w w w. t h e d r e a m         Calling all                   in Dallas to kick-
DAYL Program at SMU - Success without Strong Grades
                                                      cafe.com).                                                     off the conversa-
12:30 p.m., SMU Dedman School of Law
                                                         Come exchange               unemployed,                     tion.
February 25 (Thursday)
DAYL Social                                           infor mation with         recently employed,                     Attendance is
6:00 p.m., Avanti                                     others who under-            underemployed,                    free of charge,
                                                      stand the unique chal-                                         but breakfast
                                                                                  "downsized," and
          DA       TO WA                              lenges many attor-                                             will be ser ved
                                                      neys are facing now       contract attorneys!                  off the regular
  Katie Lewis has been selected as                    and talk about the im-                                         menu at your
  the February 2010 DAYL One to                       pact of the current state of the legal own cost. Feel free to contact Cherie
  Watch! To find out why, visit                       market in Dallas. Discussion may assist Harris at cherieh@dayl.com for more
  www.dayl.com.                                       your or others in the job search pro- information or to RSVP to this great
                                                      cess and connect you with people who program.
Page 2                                                      THE   DICTA                                                    February 2010

                                                From the President
    THE     DICTA
            Meyling Ly, Editor
                                              Our “To Do” List
        Published monthly by the
            2101 Ross Avenue                  for 2010
           Dallas, Texas 75201
   214-220-7420 l 214-220-7422 fax
            www.dayl.com                                                                                       Jennifer D. Edgeworth
             Cherie Harris

           Executive Director                                admit it. I’m addicted to “To    ready taken place. We have also sched-
                                                             Do” lists. I have them every-    uled a joint meeting with representatives
     DAYL BOARD OF DIRECTORS                                 where – in my Outlook cal-       from all of the education based commit-
                                                             endar, written in little note-   tees including Law Student Assistance, Ties
  Jennifer Duncan Edgeworth, President
Penelope Brobst Blackwell, President-Elect    books I carry around in my purse, even          that Bind, E-Mentoring, Young Voters,
    Chip Brooker, Vice President and          written on the back of junk mail. My lists      Teen Leadership, and LISTA (Lawyers
        ABA/YLD Representative                reflect my goals, both short and long           Influencing Students to Achieve).
     Sarah Kownacki, Treasurer and
             TYLA Director                    term. And I think goal setting is that es-         Fourth, we have created a technology
          Meyling Ly, Secretary               sential compass that helps guide us all to      committee led by Chip Brooker,
Dena DeNooyer Stroh, Imm. Past President      achievement. As Yogi Berra once stated,         Jonathan Childers, Dustin Paschal,
                DIRECTORS                     “If you don't know where you are go-            and Penny Blackwell. This committee
             Margaret Allen                                                                   will evaluate ways to improve our website,
            Jonathan Childers
                                              ing, you'll end up someplace else.”
               Bill Gardner                       At the DAYL Board of Directors re-          and will also search for a new webmaster
              Steven C. Hill                  treat held recently, the Board set its goals    to maintain the website.
      Manson Ho, DAABA Representative         for the year. The following reflects some          Finally, we want to do a better job of
             Rachel Mascorro
            Becky Niederstadt                 of the main initiatives on our “To Do”          publicizing all of the incredible ways that
              Dustin Paschal                  list for 2010.                                  the membership of DAYL serves the
     Bryan Snoddy, JLTLA Representative           First, we recognize that even though        Dallas Community. To that end, I have
 Elisabeth A. Wilson, DHBA Representative
             Kimberly Wilson                  the economy is allegedly getting better,        appointed a historian this year, Eric
                                              there are still many attorneys looking for      Walker. Eric will not only work with the
               EX OFFICIO                     a job, or that want to change jobs.             Board and co-chairs to help publicize all
      Alyson Vrana, DWLA Liaison
   David Anderson, TYLA Chair-Elect           Elisabeth Wilson and Alyson Vrana               of the time and service given by our
        Kelly Burris, TYLA Director           have volunteered to assist with the explo-      membership, but will also update the His-
  Gemma Galeoto, Southern Methodist           ration of ways to provide programming           torical Affidavit at the end of the year.
      University Law Student Liaison
         Cheryl C. Camin, Chair,              and resources for attorneys searching for          If you are interested in helping out
         DAYL Foundation Fellows              employment. We are also evaluating the          with these initiatives, please feel free to
 Dana Brown, Texas Wesleyan University        best method for obtaining and present-          contact any of the individuals mentioned
           Law Student Liaison
Jennifer Evans Morris, TYLA President-Elect   ing current job listings on our website         in this article, or you can also contact
        Ken Riney, TYLA Director              and/or in this newsletter.                      Cherie Harris or me. Let’s get done
                                                  Second, we would like to provide            what we have set out “to do!”
                                              more programming and resources for
     Copy Deadline for March Issue:
         February 10, 2010
                                              transactional attorneys. Becky                       DAYL Gives a
                                              Niederstadt and Mark Melton are as-
              Meyling Ly
         Phone: 214.350.1395                  sisting with this initiative.                      Special Thanks to
        Email: mly@wolf-law.com                   Third, we plan to facilitate more inter-        the City Club for
                                              action and communication among the dif-
                                              ferent committees so that DAYL co-                Sponsoring the 2010
  The views expressed in The                  chairs can share resources and ideas. A
 Dicta do not necessarily reflect             joint meeting with representatives from
                                                                                                 DAYL Committee
     the views of the Dallas                  the Lawyers Against Domestic Violence,             Chair Orientation
 Association of Young Lawyers.                Animal Welfare, Barristers for Babies, and
                                              Aid to the Homeless Committees has al-                   Dinner
 February 2010                                                   THE   DICTA                                                                   Page 3

Back to the DAYL Future                                                                                                                by Dustin Paschal

                n December 10, 2009 at the his-   premiere!                                          Document Services for providing the many
                toric Lakewood Theater, the           After some hilarious “Coming Distrac-          copying needs for the evening. Additionally,
                DAYL celebrated its storied       tions,” which included a few classic movie         DAYL would like to thank Teris for sponsor-
                past and looked forward to an     spoofs, DAYL premiered a documentary in-           ing the event, Misha Nikole Photography,
exciting future. Current and former DAYL          cluding interviews with past DAYL presidents       and the following “Friends of DAYL” for
members attended “Back to the DAYL Fu-            and other active DAYL members past and             their contributions, which helped raise more
ture,” the red-carpet premiere of a new DAYL      present. The film was a huge success and is        money for the DAYL Foundation: Margaret
documentary and the debut of an updated           destined to become a cherished part of DAYL’s      Allen, Penny Blackwell, Chip & Rebekah
DAYL Historical Affidavit from the newly          storied legacy. Everyone in attendance appre-      Brooker, Cheryl S. Camin, Jonathan
reinstituted Historical Committee.                ciated the opportunity to hear from these great    Childers, Christina Melton Crain, Hon.
    The Historical Committee picked up where      individuals as they recounted the ideas, events,   Kenda Culpepper, Lacy Durham, Jenni-
the 1977 Historical Committee left off and        and stories that make DAYL what it is today.       fer Duncan Edgeworth, Michael K.
completed the DAYL’s written history from             The night ended with a champagne toast         Hurst, Christy Jump, Sarah Kownacki,
1977 to the present. If you have not had a        led by our outgoing President and the driving      Mey Ly, David R. McAtee II, Karen
chance to read this outstanding description of    force behind “Back to the DAYL Future,”            McCloud, Tim & Janet Mountz, Mark
DAYL’s successes and achievements through-        Dena DeNooyer Stroh.                               Sales, Mark Shank, Barry Sorrels, Dena
out the years, you really must get a copy of          We want to thank all those individuals         DeNooyer Stroh, Brad Weber, Kimberly
this Affidavit as soon as possible!               who helped make the evening a success              Wilson, and Elisabeth Wilson.
    The evening started with DAYL’s own Joan      for both the DAYL and the DAYL Foun-                  An extra big thank you goes to Bill
Rivers, former DAYL President Karen               dation, our beneficiary for the evening.           Bourland with Carrington Coleman for his
McCloud, interviewing guests as they arrived      It is members like these that make us cer-         time not only interviewing over 20 past presi-
on the red carpet. In tandem with Karen, our      tain the DAYL will continue on into the            dents and other individuals for the video, but
emcee for the evening, PJ Dunn, warmed up         future as strong as ever.                          for donating his skills and talent to edit the video
the crowd and got everyone ready for the big          DAYL would like to thank IKON Legal            into final form.

        Cherie Harris, Karen McCloud, and Lacy Durham at the Back to the                         Brad Weber, Christina Melton Crain, and
                                 Future Event.                                                   Sherri Evans share memories of the past.

       Stephen Liu, Mey Ly, and Elisbeth Wilson enjoy an                  Travis Gray, Bill Gardner, Dustin Paschal, and Paul Simon
                     evening of good times.                                                look forward to the future.
 Page 4                                                       THE   DICTA                                          February 2010

What Every Young Lawyer Should Know About . . . Discovery
                                                                                                                    by Heather Long

             oin DAYL for a free CLE           sociate Judge Teresa Snelson (Dallas      no charge for DAYL members to attend.
             on Wednesday, February            County Courts), Melanie Okon (Tabor       Non-members will owe a $10 fee. Lunch
             10, 2010, from 12:00-1:00         Estes Thorne & Carr, PLLC), and An-       is available for purchase.
             p.m. at the Belo Mansion for      drew Payne (Payne Mitchell Law                This program has been approved for
a panel discussion on the practical aspects    Group). The program will be moder-        1.0 hour of CLE credit by the State Bar
of the discovery process. The panel will       ated by Heather Long. This discussion     of Texas. For more information, or to
consist of Judge James M. Stanton              will be geared towards young lawyers      RSVP, contact Cherie Harris
(134th Dallas County District Court), As-      dealing with discovery issues. There is   (cherieh@dayl.com).

                                             ASSOCIATION    YOUNG LAWYERS
                                     D ALLAS ASSOCIATION OF YOUNG LA WYERS
                                     2010 SUMMER JUDICIAL INTERN PROGRAM

    The Dallas Association of Young Lawyers invites first and second year law students to apply for this summer’s
    Judicial Intern Program. Judges from Dallas-area civil, criminal, probate, family and appellate courts will be
    participating. Applicants must have completed first-year civil procedure and legal writing courses before June
            2010. Courses in evidence and criminal or appellate procedure are helpful but not required.

     Internship selections will be made by the participating judges starting in March. Applicants must be willing to
    commit to a six-week, full-time voluntary internship during the summer months and are expected to honor any
    commitments made to the judges. The internship is unpaid, and individual schedules will be determined by the
  judges. Students selected to participate in the program must attend a mandatory orientation taught by participat-
                   ing judges. The location and time of the orientation will be provided at a later date.
                            For more information, visit www.dayl.com/pdf/judicial_intern.pdf.

   Check out these tips to stay warm and be
          green at home this winter:
 Change your air filter - A dirty air filter can increase your
 energy costs and lead to early equipment failure. Also, have
 your equipment checked seasonally to make sure it’s operating
 efficiently and safely – check-ups can identify problems early.
 Seal up your home - Hidden gaps and cracks in a home
 can add up to as much airflow as an open window. The
 more heat that escapes, the more cold air enters, causing
 your system to work harder and use more energy. Home
 Sealing can improve your home “envelope” – the outer walls,
 ceiling, windows and floors -- and can save up to 10 percent
 in energy costs!
 Tighten your ducts – If you have a forced air furnace or
 heat pump, then a duct system is responsible for circulating
 warm air throughout your home. Leaky ducts can reduce
 your system’s overall efficiency by 20 percent. Sealing your
 ducts can save up to $140 annually on energy bills and help
 you consistently heat every room.
 For other useful tips, visit http://www.epa.gov/Region3/winter/
February 2010                                               THE   DICTA                                                               Page 5

                                                                                                 Becky Niederstadt and Sharon Kolbet
                                                                                               welcome co-chairs to the annual Orientation.
Erin Mitchell and Tamaron Houston at the     Social Co-Chairs Kate Kilanowski and
 DAYL Committee Chair Orientation.                      Carolyn Chinn

          Excellent Rates for all DAYL Members
 2010 Board Retreat at WB Ranch. Front row: Sarah Kownacki, Jennifer Duncan Edgeworth,
                                                                                                    Jennifer Duncan Edgeworth and Damien
 Penny Blackwell, Dustin Paschal. Middle Row: Jonathan Childers, Bill Gardner, Cheryl Camin,
                                                                                                         Falgoust at the January Social.
 Margaret Allen, Kimberly Wilson, Cherie Harris, Alyson Vrana, Bryan Snoddy, Manson Ho.
      Back Row: Liz Wilson, Becky Niederstadt, Rachel Mascorro, Mey Ly, Steven Hill.

     Martha Newman, Meggan Burchfield, Elizabeth Elkins,             Liz Wilson, Rachel Mascorro, Alyson Vrana, Kimberly Wilson, Bill
   Colleen McCoy, Sarah Duff, and Lauren Farkas at the Client        Gardner, Kelly Burris, Steven Hill, Jennifer Duncan Edgeworth, Mey
                     Development Seminar.                             Ly, and Dustin Paschal brave the cold at the 2010 Board Retreat.
 Page 6                                                         THE   DICTA                                                     February 2010

DAYL Accepting Nominations for Prestigious Awards

              AYL is accepting nomina-             The Liberty Bell Award recognizes an          must be licensed to practice law in Texas,
              tions for its Outstanding         outstanding non-lawyer who has made a            have paid membership dues prescribed
              Young Lawyer Award, the           selfless contribution to the community by        by the Supreme Court of Texas and be
              Liberty Bell Award, and           strengthening the effectiveness of the           members in good standing of the State
the Outstanding Mentor Award. The               American system of justice. The catego-          Bar. The Awards Committee will con-
recipients will be presented with their         ries of community service to be consid-          sider all outstanding qualities of a nomi-
awards at the DBA Annual Law Day Lun-           ered include activities that (1) promote a       nee, including (1) service as a role model to
cheon on May 7, 2010. Each winner will          better understanding of our form of              young lawyers in the legal community; (2)
then be submitted to the Texas Young Law-       government, especially the Bill of Rights;       fostering the development of young law-
yers Association for statewide consideration.   (2) encourage greater respect for the law        yers; and (3) significant contributions to the
   To be eligible for selection as the          and the courts; (3) stimulate a deeper sense     profession and/or the community.
DAYL’s Outstanding Young Lawyer,                of individual responsibility; (4) contrib-           Nominations for these awards may be
nominees must have been 36 years of             ute to the effective functioning of our          made by individuals, groups of individu-
age or younger as of June 1, 2009. In           institutes of government; and (5) instill a      als, or organizations. If you would like to
addition, nominees must be licensed to          better understanding and appreciation of         nominate someone for either award, con-
practice law in Texas and be members in         the rule of law. Non-lawyers of any age          tact Penelope Brobst Blackwell
good standing of the State Bar. The             are eligible to receive this award.              (blackwellp@gtlaw.com or 214.665.3661).
Awards Committee will consider all out-            The DAYL Outstanding Mentor                   The deadline for submitting nomina-
standing qualities of a nominee, includ-        Award is awarded to a lawyer in Dallas           tions is March 5, 2010. DAYL mem-
ing (1) exemplified professional profi-         who has consistently demonstrated a com-         bers interested in serving on the Awards
ciency; (2) service to the profession; and      mitment to mentoring young lawyers in            Committee are encouraged to contact
(3) service to the community.                   his or her legal community. Nominees             Penny by February 26.

DAYL Trivia Bowl Registration Deadline is February 12

              he 2010 Trivia Bowl season            Fo r i n f o r m a -
              kicks off the first week in       tion about the
              March and runs through the
                                                                                Trivia      Team Registration Form
                                                                           2010 Trivia Bowl Team Registration Form
                                                Trivia Bowl sea-
              end of May when the Trivia        son,        contact        Team Name: _____________________________________
Bowl trophy will be up for grabs.               Cherie Harris              Captain: ________________________________________
   Each team may consist of up to six           (cherieh@dayl.com).        Telephone No.: ___________________________________
players (all players must be members            DAYL is looking            Firm Name: _____________________________________
of DAYL), with a maximum of three               for volunteers to          E-Mail Address: __________________________________
players competing at any one time. The          help moderate
                                                                            (Note: Teams may consist of a maximum of six (6) members, with
matches will tentatively be held on Tues-       the matches as              no more than three (3) playing at one time and a minimum of one
day nights, with each match lasting a maxi-     official readers             (1) player. No player may play for two teams during the season.)
mum of 30 minutes. The regular season           and scorekeepers.
will culminate with the Trivia Bowl play-       If you are inter-                                  TEAM ROSTER
offs to be held in June.                        ested in helping                     (all players must be members of DAYL)
   Trivia Bowl Rules are available              out, please con-
through the DAYL office. The reg-               tact Cherie.               1.   _____________________________________________
istration deadline is Februar y 12,                                        2.   _____________________________________________
                                                    We hope you
                                                                           3.   _____________________________________________
2010 and this year there will be a              will come out to
                                                                           4.   _____________________________________________
maximum of 24 teams. Registra-                  DAYL Trivia Bowl           5.   _____________________________________________
tions will be accepted on a first-              on Tuesday nights          6.   _____________________________________________
come, fir st-ser ve basis, so get               to watch the com-
your entry fee and payment in as                petition, cheer on          Please return completed roster and $100.00 payment (payable to
soon as possible. A registration                the teams, and share                           Harris,
                                                                             DAYL) to Cherie Harris DAYL Executive Director, 2101 Ross
form is available to the right. The                                           Avenue, Dallas TX 75201, by February 12, 2010. Contact
                                                good times with
                                                                                 Cherie (cherieh@dayl.com) for additional information.
entry fee is a low $100.00 per team.            friends.
 February 2010                                                 THE   DICTA                                                              Page 7

Beyond the Essential Elements: Provisions to Protect your Client
                                                                                                                                  by Bill Gardner

                famous film magnate once          Not only will this provide certainty for      corded agreements with a provision stat-
                proclaimed that a verbal          your client by dispelling any confusion       ing that the agreement is completely inte-
                contract isn’t worth the pa-      about where suits emerging from a con-        grated. Language stating that the agree-
                per that it is printed on.        tract must be brought and defended, a         ment sets forth the final, complete and
Practice shows, however, that a poorly            forum selection clause can save your cli-     entire agreement of the parties and su-
drafted written contract is not much of           ent money by avoiding travel to distant       persedes any prior agreement or under-
an improvement. Drafting a sound con-             locations to litigate. Contractual forum      standing can be used to bar the introduc-
tract – one that protects your client’s in-       selection clauses are prima facie valid and   tion of preliminary terms that vary from
terests and provides value – goes far be-         must be enforced unless the party oppos-      the contract in its final form.
yond the essential elements of a valid con-       ing enforcement of the clause can clearly        • Dispute Resolution
tract; it should establish the ground rules,      show that (1) enforcement would be un-        Those who appreciate the speed, relaxed
encompass the entire agreement, and pro-          reasonable or unjust, (2) the clause is in-   rules of procedure and evidence, and
vide the agreement with teeth.                    valid for reasons of fraud or overreach-      ability to resolve a dispute outside the ju-
    After litigating contracts, both the skill-   ing, (3) enforcement would contravene a       dicial system, should include a mandatory
fully tailored and the abominable, the util-      strong public policy of the forum where       mediation or arbitration clause in the con-
ity of certain contract provisions becomes        the suit was brought, or (4) the selected     tract. This clause should call for the sub-
readily apparent. Whether a clause is con-        forum would be seriously inconvenient         mission of any disputes arising under the
sidered as essential will vary depending          for trial.                                    contract to mediation or arbitration.
on each contract’s specific purpose, but             • Choice of Law Provisions                 There is no special language required when
each of the following provisions should           While a forum selection clause may be         including mediation or arbitration clauses
be considered when drafting your next             used to keep litigation in a particular fo-   as the general rules of contract interpre-
contract.                                         rum, a choice of law provision deter-         tation will govern any dispute resolution
    • Scope of Service                            mines the substantive state law used          clause. In some consumer transactions,
    If the contract is for the provision of       in that chosen forum. Choice of law           however, it is required that mediation and
services, provide a specific description of       provisions provide predictability by          arbitration clauses be conspicuously
the number and type of services that will         allowing parties to choose familiar           printed.
be provided under the contract. By spe-           and favorable laws to govern a trans-            • Limitation of Liability
cifically delineating the services provided       action. Choice of law concerns                Limitation of liability provisions are of-
under the contract, your client’s exposure        emerge whenever a cause of action             ten included in design and construction
to liability will be limited for acts or omis-    has a significant relationship to more        contracts to manage risk by limiting the
sions that fall outside his or her scope or       than one state or nation. Texas law           recoverable damages. Limitation of li-
services.                                         allows parties, within limits, to             ability clauses limit damages to a prede-
    • Third Party Beneficiaries                   specify in their agreement that the law       termined dollar amount. Historically, these
The names of the parties – including any          of a specified jurisdiction will apply        clauses have generally been upheld, par-
intended third party beneficiaries – should       to their agreement.                           ticularly when the contracting parties are
be clearly stated. Generally speaking,               • Merger Clauses                           both sophisticated entities. Texas courts
persons not in privity to the contract            Parties to a contract frequently make pre-    typically uphold limitations of liability
are not proper parties for litigation.            liminary oral agreements that they intend     provisions if they are conspicuous and
A court will not imply third party                to reduce to a written contract. These        there is nothing otherwise unconscionable
beneficiary status; an agreement must             preliminary terms often differ from the       about the contract. Note, however, that
clearly and fully express an intent to            terms contained in the final agreement.       the Texas DTPA contains an explicit “no
confer a direct benefit to the third              A "merger clause" is a contractual provi-     waiver” provision that may limit the ef-
party. If it is your intent to confer             sion mandating that the written terms of      fectiveness of limitations of liability pro-
benefits on a third party, include clear          the contract may not be varied by prior       visions in transactions involving a con-
and concise language doing so.                    agreements because all such agreements        sumer.
    • Forum Selection Clauses                     have been merged into the new docu-
A forum selection clause allows the par-          ment. Avoid the unexpected merger of          Bill Gardner is a business and construction trial
ties to agree to initiate any litigation aris-    prior terms or the introduction of ex-        lawyer at Milby, PLLC. He may be contacted
ing from a contract in a specific forum.          trinsic evidence to prove prior, unre-        at bgardner@milbyfirm.com.
Dallas Association of Young Lawyers
2101 Ross Avenue
Dallas Texas 75201


 The Dallas trial law firm of Rose•Walker, L.L.P announced the
 firm’s continued expansion with the addition of Christina Wade
 Perrone Christina is an associate in Rose•Walker's litigation

 Kendal Reed (Anderson + Jones) and Christine Reed are proud
 to announce the birth of Parker William Reed, born December
 19, 2009.

 Chip Brooker (Haynes and Boone), Rebekah Steely Brooker
 (Passman & Jones), and big brother Hutch are proud to an-
 nounce the birth of Pearson MacDonald Brooker, who was born
 on December 27, 2009.

 The law firm of Hermes Sargent Bates is pleased to announce
 the hiring of Barrett C. Lesher and Natalie Butler Barrett's
                             Lesher                   Butler.
 practice is devoted to transportation and commercial litigation.
 Natalie's practice is devoted to commercial litigation, construction
 defect, personal injury, professional liability and premises liability.

 DAYL members are encouraged to send their an-
 nouncements to Cherie Harris (cherieh@dayl.com)
 for inclusion in a future issue of The Dicta .

Description: Katie Mccloud Texas University Contract document sample