Chapter 151: Real Trial and Real Appeal
(From Chapter 151: Real Trial and Real Appeal webcast, recorded November 2008)

This course has been approved by the College of the State Bar of Texas and the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and legal assistants in the following specialty fields:
New MCLE #:901233935 (11/01/2011 - 10/31/2012)
MCLE #:901211671 (11/01/2010 - 10/31/2011)
MCLE #:901189891 (11/01/2009 - 10/31/2010)
MCLE hours: 2 (includes .5 hr ethics)
Chapter 151: Real Trial and Real Appeal (2 hrs)

  • Schedule convenience. Chapter 151 provides parties with access to a judge who can adjust the schedule of the court to meet their needs. One example: the divorce of Brad Pitt and Jennifer Aniston in California.
  • Location convenience. Chapter 151 expressly prohibits the use of public facilities for hearings. The parties can agree to hold the trial wherever it is most convenient, thus avoiding a forum non conveniens argument.
  • Cost effectiveness. Lawyer time is minimized; travel expense and time off for witnesses and parties is reduced.
  • Familiar trial procedure. The entire process is governed by TRCP and TRE.
  • Real trial judges. Judges are used who have extensive experience in the field in which the trial is conducted, as well as no less than 30 hours per year of CLE. Lawyers can expect the judges to have sophisticated skill sets.
  • Appeal of the case.Chapter 151 provides for appeal in the event that the parties are not satisfied with the trial outcome, just as would happen in a normal trial court. The case DOES NOT go back to the referring court, but to the Court of Appeals, as would happen in a normal TBC.
  • Confidentiality of the record. The court reporter is hired by the parties; unless there is an appeal that requires public disclosure, the record is the property of the parties and not public without their agreement. This could be significant in a case involving sensitive matters as sexual abuse of a minor, division of large marital property estates, or trade secrets.
  • Rare usage. Texas is one of many states that have this procedure, yet it is hardly ever used, despite complaints of delay at the courthouse. In New York and California, this procedure has, in effect, eliminated the need for additional courts because of the availability of senior judges to handle cases that might otherwise clog the dockets.
  • Suitability for all types of cases. The procedure is suited to complex litigation as well as uncontested matters.

    • Speakers:
    Hon. John M. Marshall, Dallas
    Mc2 Legal PLLC

    Hal Davis, Plano
    Hal Davis Law Office

    Steven G. Palmer, Dallas
    Palmer & Manuel, LLP

    Alan Leibel, Dallas
    Palmer & Manuel, LLP