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 […]

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

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: 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 […]

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 […]

So, Can I Have a Piece of the Deal?

Thirty or forty years ago, it was common for transactional lawyers to include in their fee contracts a provision that gave them—in addition to their attorney’s fees—a piece of the deal. And a few lawyers became extremely wealthy through their ownership of a piece of the client’s business deals. The practice is less common today […]

How to be good at Direct Examination

It’s not about you, Mr./Ms. Lawyer.   There are few things lawyers like more than a good cross-examination. They prepare for it probably more than any other part of a trial, getting ready to stand toe-to-toe with a witness, using skills honed by years of practice, and destroy even the appearance of honest testimony from […]