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 […]

The Difficult Woman: A Vocabulary Lesson

The Atlantic’s David Frum recently tweeted:  “A female friend just lost a job for being ‘difficult.’ As she narrated what had happened, it struck me:  A difficult woman is one who asks for the things I get without having to ask for them.” When I read this, the description of his friend as a “difficult […]

5 things to consider when buying your first drone

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. […]

Trial Lawyers Beware: How the TRAPS Can Trap You in Ordering Transcripts

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 […]