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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
I have been practicing law since 1980. Throughout my career, lawyers have discussed their cases with each other. As a young lawyer, I would seek out mentors both inside and outside my firm to give me good advice on how to handle cases generally and about specific issues relative to my cases. In those days, […]
Among our firm’s growing practice areas is litigation where one party files a motion seeking to disqualify another party’s lawyers. These motions are becoming ever more common. We are hired both to file and pursue disqualification, and to represent lawyers in resisting disqualification. One of the critical issues in seeking disqualification—no matter what the grounds—is […]
