Video – Dallas Bar President has a Vision for the Future

Trial attorney Robert Tobey, co-founder of Johnston Tobey Baruch, was sworn in as the 111th president of the Dallas Bar Association (DBA) on Jan. 11. Founded in 1873, the Dallas Bar Association serves as the voluntary professional body for more than 11,000 Dallas-area lawyers. Mr. Tobey plans to focus on issues such as equal access to justice […]

Presidents Column: 100th Anniversary of the 19th Amendment and More

For almost two years, we have been planning the DBA’s celebration of the 100th anniversary of the ratification of the 19th Amendment, guaranteeing women the right to vote. We are excited to welcome Nina Totenberg as our speaker at noon on August 26, 2020! She will be interviewed by Judge Tonya Parker. Ms. Totenberg is […]

Texas Supreme Court Examines Emails As Contracts

The Supreme Court of Texas recently decided two cases involving efforts to enforce email exchanges as contracts. In Copano Energy, LLC v. Bujnoch (18-0044), the parties exchanged numerous emails before their anticipated signing of a formal contract. But they never executed the formal contract. One party then sued, claiming that the emails cumulatively constituted an […]

Presidents Column: Our Volunteers Make Us Strong

For a decade, DBA leaders counted on Karen McCloud. On April 9, we lost Karen after a lengthy illness. She will be dearly missed. The May edition of Headnotes has a wonderful article about Karen and her achievements. Karen served as President of the Dallas Women Lawyers Association, the Dallas Association of Young Lawyers, and […]

Chad Baruch Active In Covid-19 Constitutional Litigation

With a reputation as one of the leading constitutional lawyers in Texas, it isn’t any surprise that firm partner Chad Baruch has been active in the recent constitutional litigation surrounding the COVID-19 pandemic. Chad served as lead counsel on two amicus curiae briefs in the Supreme Court of Texas related to the constitutional authority of […]

Supreme Court of Texas and Gray v. Skelton: Look Out, Criminal Defense Attorneys

After the Supreme Court decision in Peeler v. Hughes & Luce, criminal defense lawyers felt that they had immunity from malpractice. Ms. Peeler was convicted of tax fraud and sentenced to five years. She sued her criminal defense counsel for malpractice because he had failed to communicate a plea-bargain to her under which she was […]

Presidents Column: Respecting Our Independent Judiciary and the Role of Lawyers

Judges form the third branch of government. The general public has a much poorer understanding of the judicial branch and what it does than the executive and legislative branches. Most people go their entire lives with only brief encounters with the judicial branch, mostly through municipal or family courts. Many of our fellow citizens are […]

Moving to Withdraw Deemed Admissions: What You Don’t Know Can Hurt You

Most Texas lawyers know that a party seeking to set aside deemed admissions ordinarily bears the burden to establish good cause and lack of prejudice. But many of these same lawyers do not realize that in many cases, this burden of proof actually shifts to the party opposing withdrawal of the deemed admissions. And sometimes, […]

Continuance Motions: They Need to be Written!

The rules of civil procedure require that a continuance motion be verified: “No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.” Tex. R. Civ. P. 251. […]

Presidents Column: The DBA Has Your Back

As I write this column in early April, we have been “sheltering in place” and “social distancing” for more than three weeks—with at least four more to go.  These are unprecedented and difficult times. But we will get through them together. Our way of doing things always has involved lawyers coming to the Belo Mansion […]

Two Johnston Tobey Baruch Attorneys Earn D Magazine’s Best Lawyers in Dallas Honors

Robert Tobey recognized for professional liability litigation and Chad Baruch named for appellate case work. Peer lawyers and the staff at D Magazine have again named Johnston Tobey Baruch shareholders Robert Tobey and Chad Baruch to the prestigious Best Lawyers in Dallas list. This is the ninth consecutive year that Mr. Tobey has been named […]