Judicial Interview of Children in Texas Conservatorship Proceedings: Can the Trial Court Seal the Record from the Parents?

The Texas Family Code requires a trial court to interview a child who is 12 years of age or older upon request of any party to determine the child’s wishes concerning conservatorship. Tex. Fam. Code § 153.009(a). And on the motion of any party, “the court shall cause a record of the interview to be […]

It’s All About the Bucks: The Collectibility Requirement in Texas Legal-Malpractice Cases

In a previous post, I wrote about the elements of a claim for legal malpractice in Texas: the existence of a duty; the lawyer’s breach of that duty; and proximate cause of damages as a result. Actually, though, many legal-malpractice cases engender the additional requirement to prove what is known as collectibility (and, yes, it […]

President’s Column: 2020 The Year That Was

Before this year, several DBA Past-Presidents told me: “There is the year you plan for, and then the year you get—expect the unexpected!”  I could start and end my column with those statements, but this is my opportunity to thank all of you for making this an incredible year despite all of the trying circumstances. […]

President’s Column: It’s Time to Vote!

Since 2016, people have been talking about the 2020 general election as “the most important election of our lives.”  Well, it is almost here.  Even at the start of this year, no one would have dreamed this election would occur against the backdrop of a global pandemic and resulting chaos.  We have seen pitched battles […]

Texas Employees Are Entitled to Paid Time Off to Vote

As lawyers who have handled several election disputes, one question we often are asked in the run-up to an election is what right employees have to time off for work to cast their ballot. Fortunately, Texas law provides a straightforward answer. The Texas Election Code protects the right of employees to vote.  An employer cannot […]

Johnston Tobey Baruch Lawyers Honored as 2020 Texas Super Lawyers

Johnston Tobey Baruch Lawyers Honored as 2020 Texas Super Lawyers Managing shareholder Chad Baruch named to Top 100 lists in DFW and Texas DALLAS – All of the attorneys at Dallas law firm Johnston Tobey Baruch have been named to the list of Texas Super Lawyers for 2020, including Randy Johnston, Robert Tobey, Chad Baruch, […]

Presidents Column: After the Pandemic, What Comes Next?

  There will be life after the pandemic—I guarantee it!  But I don’t know when that will be or what it will look like. The pandemic has affected everyone.  No other event in my lifetime has changed the basic way that we live our lives on a day-to-day basis like the COVID pandemic.  Every time […]

Texas Requirements For Legal Malpractice Claims

  As one of the leading legal-malpractice firms in Texas, we get telephone calls, emails, and website inquiries almost every day from people wanting to sue Texas lawyers. Unfortunately, most people do not understand the circumstances that must exist to sue a lawyer successfully in Texas. This brief post explains the general requirements. A legal-malpractice […]

Presidents Column: Unplugging – We All Need To Do It!

  This column was originally slated for the April edition of Headnotes. Then the pandemic hit.  Our mental health is under assault now more than ever with lawyers largely working from home and dealing not only with financial and job pressure, but also with educating kids, cooking, and cleaning. Even with all of these factors […]

All Attorneys with Johnston Tobey Baruch Earn Best Lawyers in America Honors

Clean Sweep! All Attorneys with Johnston Tobey Baruch Earn Best Lawyers in America Honors Firm shareholder Robert Tobey named Lawyer of the Year for Dallas-Fort Worth DALLAS – Once again, all four shareholders in the Texas trial and appellate firm Johnston Tobey Baruch have been selected by The Best Lawyers in America, and Robert Tobey has been named a Lawyer of the Year for Dallas-Fort Worth. The Best Lawyers in America is the oldest […]