The Definitive Standard for Proving Up Attorneys’ Fees in State Court

On April 26, 2019, the Texas Supreme Court issued its opinion in Rohrmoos Venture, et. al. v. UTSW DVA Healthcare, LLP, which clarifies the proper standard for proving up attorneys’ fees in court is the lodestar method using the eight factors from Arthur Andersen v. Perry Equipment Corporation, 945 S.W. 2d 812 (Tex. 1997) to […]

The Rights of Nursing Mothers

Texas mothers share a common concern after the joy and excitement of welcoming a new baby: What happens when they return to work after maternity leave? For nursing mothers, another concern is when and how they will be able to pump breast milk at work. While a woman in Texas may breastfeed her baby anywhere […]

So, is that an “Extortion Demand” or are you Just Glad to See me?

In 2001, attorney Mary Roberts had sex with four men after discovering the affair of her husband, attorney Ted Roberts. The couple reconciled and Mr. Roberts sent demand letters to the four men—a lawyer, an accountant, and two chief financial officers—threatening to file petitions for rule 202 depositions about their sex with his wife.  Or, […]

Attorneys Beware: What You Don’t Reveal On Your Application For Malpractice Insurance Can Leave You Bare!

In a decision with important implications for all attorneys seeking malpractice insurance, the Fifth Circuit recently held that a law firm’s failure to disclose even a potential claim can void coverage. The case is Imperium Insurance Company v. Shelton & Associates, 749 Fed. App’x 214 (5th Cir. 2018). In 2013, a Mississippi law firm applied […]

What Can Lawyers Do About Negative Reviews on Social Media?

With social media, good and bad publicity can spread worldwide within minutes. Every business wants positive feedback concerning its customer service—and law firms are no exception. Bad reviews are viewed like the plague. While marketing experts have ways to turn every lemon into lemonade, this post addresses what lawyers can do, ethically, to deal with […]

5 tips for Attorney Fee Agreements

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 […]

Breaking The Golden Handcuffs

Breaking the Golden Handcuffs The Fifth Circuit recently issued a groundbreaking opinion, though there has been little fanfare or discussion about it. But for employees pursing certain kinds of contractual claims, this case will be a game-changer. We often see contracts with “golden handcuffs” terms. These terms arise in commission plans, bonus agreements, or other […]

The “Anti-SLAPP” Statute: What You Don’t Know Can Hurt You!

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 […]

Ten things every young lawyer should know, but doesn’t (Because they don’t teach it in law school)

“Oh good grief, another article by an older (I prefer the word experienced) lawyer who assumes he knows things younger lawyers could not possibly know.” But let’s face it, if a significant legal career does not somehow impart wisdom to the older lawyer that is not available to a lawyer who is not yet had that […]

Eat, Drink and Be Merry—Just Not Too Merry

The season of office holiday parties is upon us.  And, for an employment lawyer, it can be a business bonanza. Few events are fraught with more peril for both employers and employees than the office holiday party. How to minimize that peril? For the employee, the most important thing to remember is that your office […]