July 27, 2022 | Texas Lawyer
Questioning Authority: How It Can Be Done EffectivelyWhat is the single hardest concept to teach a law student, a new lawyer, or even a seasoned veteran? Teaching the mindset brave enough to question authority and adept enough to do so effectively. To that end, here are five suggestions.
By Michael P. Maslanka
9 minute read
May 31, 2022 | Texas Lawyer
Batting Order: From Top to Bottom, A Big Month for the 5th CircuitThe consequences for an employee trying to perform his job can arguably be debilitating; thus, it must be left to a jury, not a judge, to decide whether the terms and conditions of his employment are so altered as to create a hostile work environment based on race.
By Michael P. Maslanka
8 minute read
March 25, 2022 | Texas Lawyer
Pop Quiz: Claim or No ClaimWhile zealous advocacy by lawyers on behalf of is not only permitted but required, a lawyer crosses the line into an ethical violation by using unlawful means (extortion) to achieve a lawful end.
By Michael P. Maslanka
9 minute read
January 28, 2022 | Texas Lawyer
Lawyering: There's More to ItPresident Kennedy knew what all effective trial lawyers know: be direct, be candid, ask for what you want. And do so in vivid specifics, not gauzy generalities.
By Michael P. Maslanka
7 minute read
November 21, 2021 | Texas Lawyer
Three Sacrifices for Practicing LawI think about the initial travails of Judy Benjamin when teaching Professional Responsibility (PR) and in speaking with relatively new lawyers (and even more senior ones). "Wait, you're telling me that my oath stops me from conduct that I consider perfectly reasonable and my business and no one else's!?!"
By Michael P. Maslanka
8 minute read
October 15, 2021 | Texas Lawyer
Responses to the Mistakes We MakeTo be effective lawyers, advocates and counselors, we must face the fear of error, surmount it, and come through the other side.
By Michael P. Maslanka
8 minute read
September 20, 2021 | Texas Lawyer
The Five Forgotten Truths of True ProfessionalismThe current concept of professionalism exalts a functioning legal system as a good unto itself.
By Michael P. Maslanka
7 minute read
August 16, 2021 | Texas Lawyer
Cuomo Case May Be the Catalyst to Change Sexual Harassment LawsHas the law concerning sexual harassment kept abreast of the societal change triggered by the #MeToo movement, or has it remained stuck in a pre-#MeToo time warp?
By Michael P. Maslanka
9 minute read
July 18, 2021 | Texas Lawyer
Mindsets and Mental HealthLaw practice is the loneliest profession; having the right mindset can head off lots of trouble, says Michael P. Maslanka, an assistant professor of law at the University of North Texas at Dallas College of Law.
By Michael P. Maslanka
6 minute read
February 17, 2021 | Texas Lawyer
5 Persuasive Rhetorical TechniquesThe House impeachment managers presented compelling arguments against President Donald Trump in the recently concluded impeachment trial; Michael P. Maslanka explains how they did it.
By Michael P. Maslanka
6 minute read
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