Attorney Immunity

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. […]

My Texas Heritage

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. […]

New Survey Cautions Lawyers to Avoid Conflicts and Be Aware of Cyber Events

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 […]

Diamond Doctor RICO Lawsuit’s Crazy Settlement: ‘Baby Did a Bad, Bad Thing’

(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 […]

Appellate Lawyer of the Week: Dallas Attorney Preserves Family Law Ruling in Stabbing Case

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. […]

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 […]