Most attorney-client relationships start the same way—with a fee agreement or engagement letter. Sometimes lawyers view the fee agreement as nothing more than a contract for legal services. It certainly is that, but also is so much more because it shapes everything that comes after the retention and provides the framework for the relationship. Identify […]
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 […]
More and more people are joining the drone craze. And it’s no mystery why – drones are really fun to fly and the images you can get are mind-blowingly cool. In this blog, I am focusing mostly on the hobbyist – which just means someone using a drone for personal entertainment rather than commercial purposes. […]
The Supreme Court of Texas recently denied review in a case our firm handled concerning an appealing party’s obligation to order hearing and trial transcripts. The bottom-line result of that denial is to entrench a potential trap for trial lawyers under the Texas Rules of Appellate Procedure. Rule 34.6(f) of the appellate rules provides that […]
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, […]
Among our firm’s growing practice areas is litigation where one party files a motion seeking to disqualify another party’s lawyers. These motions are becoming ever more common. We are hired both to file and pursue disqualification, and to represent lawyers in resisting disqualification. One of the critical issues in seeking disqualification—no matter what the grounds—is […]
One of the most common questions we get concerning divorce appeals concerns disproportionate property divisions. In most contested Texas divorces, trial courts attempt to divide the marital estate evenly between the parties. But not always. Sometimes, for various reasons, a trial court believes that one spouse should receive a disproportionately greater share of the estate. […]
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 […]
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 […]
