February 2020 – Inaugural Speech of Robert Tobey There is no more important time in American history to be a lawyer than right now. But there also is no more challenging time to practice law. The DBA is a critical source of support for Dallas lawyers—and my goal is to ensure that continues to be […]
January 2020 – An ‘Outsider’ No More Welcome to 2020! I am honored to serve as the 111th President of the best Bar Association in the country. In this, my first column, I’d like to share with you how I got here and also demonstrate how the Dallas Bar can do great things for you […]
In my last blog, I discussed the Texas Supreme Court’s decision in Rohrmoos Venture, et. al. v. UTSW DVA Healthcare, LLP clarifying the proper method for proving up attorney’s fees under the lodestar method using the eight factors from Arthur Andersen v. Perry Equipment Corporation, 945 S.W. 2d 812 (Tex. 1997) to calculate the base […]
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 […]
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 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 […]
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, […]
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 […]
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 […]
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 […]
