What categories of documents are included in the “file” has never been defined. With technology creating a record of nearly everything a lawyer does on behalf of a client, a liberal interpretation of the rule would mandate expansive and intrusive disclosures. This can be particularly problematic if the client is an entity that experiences a change in control — perhaps even to a former adversary. This article discusses the use of attorney-client fee agreements to define and limit what documents will be included in the client’s “file” to resolve the ambiguity and minimize exposure to lawyers.

Two recent successful mediations of commercial contractual disputes were implemented by using successive, iterative mediator’s proposals under the time pressure of approaching arbitration deadlines and increasing cost deposit invoices. Mediators frequently use these confidential proposals to close the final gap in a financial negotiation.

The amount of construction in Texas has boomed over the past few years, driven by population expansion and the consequent investments in infrastructure, office and retail to support the ever-growing body of residents. Naturally, with more construction comes more construction litigation. This article takes a look at the three issues driving construction litigation: construction defect claims, delay damages due to rising costs and shortages, and first-party insurance claims.