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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
