Texas law recognizes judicial admissions, which “are assertions of fact, not pleaded in the alternative, in the live pleadings of a party.” Lyons v. Lindsey Morden Claims Mgmt., 985 S.W.2d 86, 92 (Tex. App.—El Paso 1999, no pet.) (citation omitted). In other words, a judicial admission is a factual statement made by a party to […]
There is a reason that major trials today almost always involve appellate lawyers on both sides. The best trial lawyers in America recognize the value an appellate lawyer adds to the trial team—and the danger inherent in proceeding without one. Unfortunately, too many clients remain reluctant to incur the costs associated with having an appellate […]
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 […]
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 […]
Advances in technology have made it very easy to record what people say. Not so long ago, the decision to record a phone call or personal meeting required advance planning. People did not walk around with recording equipment at the ready, so a decision to record usually required a specific purpose and a plan to […]
In 2015, the Supreme Court of Texas decided Cantey Hanger, LLP v. Byrd, 467 S.W.3d 477 (Tex. 2015), clarifying what is known as the “attorney immunity doctrine.” Essentially, the doctrine posits that, “as a general rule, attorneys are immune from civil liability to non-clients ‘for actions taken in connection with representing clients in litigation.’” Id. […]
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. […]
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 […]
(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 […]
After Charles Douglas Mitchell awoke in bed one morning to his girlfriend — who suffered from bipolar disorder — stabbing him in the neck, he quickly won an order from a family law court that prevented her from having access to the child. But he needed Chad Baruch‘s appellate skills to make that tragic ruling enforceable. […]
