Brave New World: Three Take-Aways from ABA Formal Opinion 477

The obligation for lawyers to keep and protect a client’s secrets is nearly as old as the profession itself.  But the proliferation of technology has complicated what steps lawyers must take to satisfy this obligation. As the technology changes, so do the rules for lawyers. On May 4, 2017, the American Bar Association Standing Committee […]

Informal (aka “Common Law”) Marriage in Texas

Section 2.401 of the Texas Family Code provides that a party may prove an informal marriage (formerly known as a common law marriage) “by evidence that . . . the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to […]

So, Can I Have a Piece of the Deal?

Thirty or forty years ago, it was common for transactional lawyers to include in their fee contracts a provision that gave them—in addition to their attorney’s fees—a piece of the deal. And a few lawyers became extremely wealthy through their ownership of a piece of the client’s business deals. The practice is less common today […]

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 […]

Citizens Beware: You Could Be SLAPPed

Texas litigants considering filing a legal action for defamation need to consider whether the Texas Citizens Participation Act covers their claims. Signed in 2011, the Act provides powerful tools by which defamation defendants may not only escape liability but also can turn the tables on their accusers by obtaining an award of attorney’s fees incurred […]

How to be good at Direct Examination

It’s not about you, Mr./Ms. Lawyer.   There are few things lawyers like more than a good cross-examination. They prepare for it probably more than any other part of a trial, getting ready to stand toe-to-toe with a witness, using skills honed by years of practice, and destroy even the appearance of honest testimony from […]

The Dangers of Motions for Continuance

When you file a motion for continuance, you are telling the court, your client, and opposing counsel that you are not ready for trial. This engenders risk even for early trial settings. Two of the biggest legal malpractice cases that our firm has handled involved motions for continuance of early trial settings that were denied. […]

What You Must Know About Wrongful Termination and Lawyers

I’ve been wrongfully terminated. Almost every potential client who calls me says the same thing: “I’ve been wrongfully terminated.” But when I ask for details, hardly anyone can explain the details of this alleged “wrongful termination.” If you search the internet, you’ll find the term “wrongful termination” everywhere.  Actually, though, there is no such thing as […]

Texas Bar Foundation presents excellence award to Chad Baruch

Chad Baruch has been presented the 2016 legal excellence award from the Texas Bar Foundation for his extraordinary commitment to the legal profession. The award was presented to Chad by David Copeland at the Foundation’s annual meeting in Fort Worth. The Texas Bar Foundation honors one attorney each year with the Dan Rugueley Price Memorial […]

The Dance of Direct Examination: And do you now, Sir, admit you are a liar? No further questions!

By Randy Johnston Ah, we lawyers love our cross-examination. Cross-examination has sex appeal and drama. It pits the lawyer against the witness in a battle of words and wits – a battle that we as lawyers believe will undoubtedly decide the case. Truth is laid bare, lies are revealed and I did it! Cross-examination is […]