Moving to Withdraw Deemed Admissions: What You Don’t Know Can Hurt You

Most Texas lawyers know that a party seeking to set aside deemed admissions ordinarily bears the burden to establish good cause and lack of prejudice. But many of these same lawyers do not realize that in many cases, this burden of proof actually shifts to the party opposing withdrawal of the deemed admissions. And sometimes, […]

Continuance Motions: They Need to be Written!

The rules of civil procedure require that a continuance motion be verified: “No application for a continuance shall be heard before the defendant files his defense, nor shall any continuance be granted except for sufficient cause supported by affidavit, or by consent of the parties, or by operation of law.” Tex. R. Civ. P. 251. […]

Presidents Column: The DBA Has Your Back

As I write this column in early April, we have been “sheltering in place” and “social distancing” for more than three weeks—with at least four more to go.  These are unprecedented and difficult times. But we will get through them together. Our way of doing things always has involved lawyers coming to the Belo Mansion […]

Two Johnston Tobey Baruch Attorneys Earn D Magazine’s Best Lawyers in Dallas Honors

Robert Tobey recognized for professional liability litigation and Chad Baruch named for appellate case work. Peer lawyers and the staff at D Magazine have again named Johnston Tobey Baruch shareholders Robert Tobey and Chad Baruch to the prestigious Best Lawyers in Dallas list. This is the ninth consecutive year that Mr. Tobey has been named […]

Johnston Tobey Baruch Lands Three Attorneys on List of 500 Leading Lawyers in America

DALLAS – The three name shareholders in the Dallas trial and appellate firm of Johnston Tobey Baruch have been named to the Lawdragon 500 Leading Lawyers in America for 2020. One of the most respected guides to the legal profession, honorees for the 15th edition of the annual list were selected from a combination of editorial research by Lawdragon staff, submissions from […]

A Crisis Can Bring Us Together

There is an old expression: May you be cursed to live in interesting times.  In my 63 years, I never have seen anything like the COVID-19 crisis.  Over the last two weeks we have seen not just daily but hourly changes in how we live.  When we decided to close the Belo on March 12, […]

Video – Dallas Bar President has a Vision for the Future

Trial attorney Robert Tobey, co-founder of Johnston Tobey Baruch, was sworn in as the 111th president of the Dallas Bar Association (DBA) on Jan. 11. Founded in 1873, the Dallas Bar Association serves as the voluntary professional body for more than 11,000 Dallas-area lawyers. Mr. Tobey plans to focus on issues such as equal access to justice […]

President’s Column: Celebrating the Right to Vote

This year, the DBA is celebrating the right to vote with three programs and what we call the “Vote Project.” On February 27 Eric Foner—a Pulitzer Prize-winning historian and professor from Columbia University—will appear at the Belo Mansion to discuss the reconstruction amendments, including the 150th anniversary of the ratification of the 15th Amendment guaranteeing […]

Look Out Criminal Defense Attorneys: The Texas Supreme Court Broadens Potential Legal Malpractice Exposure

After the Texas Supreme Court’s decision in Peeler v. Hughes & Luce, Texas criminal defense lawyers generally felt that they had immunity from malpractice claims. In that case, after being convicted and sentenced, Ms. Peeler sued her criminal defense counsel for malpractice because he had failed to communicate a plea-bargain to her under which she […]

Sharing Fees and Paying Referral Fees in 2020

Some of us remember the “good old days.” You could share your fees – i.e. pay or receive a referral fee – on almost any terms you wanted so long as both of you accurately reported your income to the IRS. There were times when I would receive a blind call on a personal injury […]