Ten things every young lawyer should know

Ten things every young lawyer should know, but doesn’t (Because they don’t teach it in law school)

“Oh good grief, another article by an older (I prefer the word experienced) lawyer who assumes he knows things younger lawyers could not possibly know.” But let’s face it, if a significant legal career does not somehow impart wisdom to the older lawyer that is not available to a lawyer who is not yet had that […]

breaking up is hard to do

Breaking Up is Hard To Do; Death of a Law Firm

An old French saying posits: “Any fool can start a love affair, but it takes a real talent to know how to end it.” The same is true for a law firm. And just like ending a love affair can cause anger and hostility you never expected, ending a law practice with lawyers you have […]

Representing Lawyers – The Grievance Process

Most people have no idea how many times this law firm has represented lawyers successfully in malpractice lawsuits or grievance complaints before the State Bar. Yes, we have sued lawyers successfully many times, but we also defend lawyers and testify for lawyers.  As an aid to the lawyers, I decided to write a little about […]

New Survey Cautions Lawyers to Avoid Conflicts and Be Aware of Cyber Events

Button, Button, Who’s Got the Button

It seems there is no end to the questions involving the client’s file and who has a right to it. Texas has a new ethics opinion on the subject, addressed at the end of this article, but let’s first address some of the many questions about the client’s file that have already been answered. First, […]

Shot and Missed

Shot and Missed

Years ago, I represented a lawyer in a lawsuit against his former law partner. Our defendant had abused his law partners, stolen from the firm, and then tried to insult them during a settlement conference by suggesting that his cufflinks cost more than their entire wardrobes. After a weeklong trial, the jury returned a large […]

Ask not for whom the statute tolls

Ask Not for Whom the Statute Tolls: It Tolls for Thee

Tell me if you’ve been here: the client comes in and tells a story that sounds like it just might be a really good case. In fact, it might even settle without two years of discovery—if you can just package present it properly. You ask some pointed questions about when these events occurred and quickly […]

Johnston Tobey Texas Heritage

My Texas Heritage

Hiring a lawyer is an important decision. It should involve knowing more than just what certificates a lawyer has on the wall.  Most of the people who know me well would say that one of the qualities which most defines me is my willingness to share my beliefs and my thoughts—and to hear yours too. […]

Diamond Doctor RICO Lawsuit’s Crazy Settlement: ‘Baby Did a Bad, Bad Thing’

(Aug. 21) – Two seasoned Dallas trial lawyers say they have never seen anything like what they witnessed last week in federal court in the fraud and racketeering case between the Diamond Doctor and a Tennessee lawyer. Never, says Randy Johnston, has he seen a federal judge rule that a lawyer likely fabricated a client and […]