The Definitive Standard for Proving Up Attorneys’ Fees in State Court

On April 26, 2019, the Texas Supreme Court issued its opinion in Rohrmoos Venture, et. al. v. UTSW DVA Healthcare, LLP, which clarifies the proper standard for proving up attorneys’ fees in court is the lodestar method using the eight factors from Arthur Andersen v. Perry Equipment Corporation, 945 S.W. 2d 812 (Tex. 1997) to […]

negative social media reviews

What Can Lawyers Do About Negative Reviews on Social Media?

With social media, good and bad publicity can spread worldwide within minutes. Every business wants positive feedback concerning its customer service—and law firms are no exception. Bad reviews are viewed like the plague. While marketing experts have ways to turn every lemon into lemonade, this post addresses what lawyers can do, ethically, to deal with […]

The “Anti-SLAPP” Statute: What You Don’t Know Can Hurt You!

The Texas Citizens Participation Act (sometimes referred to as the “anti-SLAPP” statute) was enacted in 2011 as Chapter 27 of the Texas Civil Practice and Remedies Code. Since its enactment, the Act has generated more than 200 appellate decisions, with many more cases in the pipeline. Despite its broad application—and the fact that it has […]

Can Lawyers get advice on social media about their cases

Can Lawyers Get Advice About Their Cases on Social Media?

I have been practicing law since 1980. Throughout my career, lawyers have discussed their cases with each other.  As a young lawyer, I would seek out mentors both inside and outside my firm to give me good advice on how to handle cases generally and about specific issues relative to my cases.  In those days, […]

what-to-do-when-you-think-you-messed-up

What Do You Do When You Think You Messed Up?

Lawyers are humans.  They make mistakes like everyone else does.  While all of us have a goal of practicing law perfectly, mistakes happen.  But how lawyers react to their mistakes is critically important. On April 17, 2018, the ABA released Formal Opinion 481, construing Model Rule 1.4.  It provides guidance as to what a lawyer […]

Associates Can Get in Trouble Too!

In our legal malpractice cases, we generally do not assert claims against associate attorneys on the theory that they are not in charge of the direction taken or work done in the case or transaction. But that doesn’t mean that associates have no responsibility for violations of rules of procedure, ethical rules, or court orders […]

What Can I reveal about my clients?

What Can I Reveal About My Former Clients and May I Use Their Confidential Information?

Most lawyers know that you can’t disclose a current client’s confidential information.  But many lawyers—when they are either telling a war story or are trying to illustrate a point— voluntarily reveal confidential information about their former clients. Lawyers also are tempted to use their former clients’ confidential information when they are offered a lucrative case […]

solicit customers

Stockbrokers Who Solicit Customers May Not be Protected

Traditionally, when major wire houses recruited brokers as trainees or from other firms, they required these brokers to sign non-solicitation agreements preventing them from soliciting employees and customers of the firms when they left for greener pastures. For many years, our firm represented Morgan Stanley in suing brokers who left the firm and violated the […]

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

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

We are both blessed and cursed that people who want to sue their lawyers dial our phone number a lot. We spend a tremendous amount of time screening cases to separate the ones that can get to the finish line from those that can’t. Many times when we meet with potential clients, they say “just […]

Fiduciary Duty for retirement advice

Brokers Owe a Fiduciary Duty to Their Clients for Retirement Advice!

Introduction On June 9, 2017, the U.S. Department of Labor’s rule requiring financial advisors to act as fiduciaries by putting their clients’ best interest before their own when offering investment advice went into partial effect.  Americans lose about $17 billion a year to conflicts of interest with these advisors.  Under the new rule, advisors must […]