TranscriptPad: A Tool Every Trial Lawyer Needs

TranscriptPad is an iPad App developed by Lit Software. It is an application developed specifically for lawyers to review transcripts. Overall, TranscriptPad is a well designed and affordable tool that every trial lawyer should have in his or her arsenal. First review value – All civil trial lawyers review transcripts. Often, transcripts are first reviewed […]

All Attorneys With Johnston Tobey Baruch Named to Best Lawyers in America

All four shareholders in the trial and appellate firm Johnston Tobey Baruch are recognized in the 2020 edition of The Best Lawyers in America, and three earned the distinction of being selected Lawyers of the Year for Dallas-Fort Worth. Firm managing shareholder Randy Johnston’s work with plaintiffs in professional malpractice solidified his selection as Lawyer […]

4 Tips To Avoid Malpractice For The Estate Planner

Estate Planning should documented down to the last detail. With these simple steps below, you can help prevent a future case for malpractice. Make sure the scope of the representation is clean, clear, and correct. All too often lawyers are less than precise with the language used to define the scope of the representation. Many […]

Rohrmoos Requires Proof of Reasonableness in Sanctions Awards

In my last blog, I discussed the Texas Supreme Court’s decision in Rohrmoos Venture, et. al. v. UTSW DVA Healthcare, LLP clarifying the proper method for proving up attorney’s fees under the lodestar method using the eight factors from Arthur Andersen v. Perry Equipment Corporation, 945 S.W. 2d 812 (Tex. 1997) to calculate the base […]

Be A SEAL

I recently prepared a presentation for a group of lawyers on a case I had concluded representing a retired Navy SEAL, and—was trying to think of what value it might have to them other than just hearing a war story. I came up with two objectives for myself. First: My wish for them—and for every […]

Lawyers Beware: When Your Contract Finding May Bar Your Quantum Meruit Recovery

Lawyers frequently plead and litigate breach-of-contract cases on alternate claims for breach and for quantum meruit. Often, they submit questions on both claims to the jury. And there may be good reasons to do so. But lawyers (and their clients) should be mindful of the circumstances under which the jury’s findings on the contract claim […]

Unmasking Anonymous Speakers: The First Amendment and Anonymous Texting

Our firm recently served as counsel in a multi-state case over what has become known as “unmasking” litigation. This type of litigation arises when a person receives anonymous and harassing text messages. These messages usually are sent through commercial “masking” services. When the victim seeks to subpoena records from the masking provider to discover the […]

Bernie: The True Story of an East Texas Murder

Skip Hollandsworth just can’t admit that Bernie Tiede conned him the same way he conned almost everyone else. Texas Monthly recently released a video of Hollandsworth discussing the Tiede story. In it, he continues to describe the story much as he has since first writing about it 20 years ago. And this time around, maybe […]

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 […]