My spouse got way too much of the property in our divorce! Can I appeal this disproportionate division?

One of the most common questions we get concerning divorce appeals concerns disproportionate property divisions. In most contested Texas divorces, trial courts attempt to divide the marital estate evenly between the parties. But not always. Sometimes, for various reasons, a trial court believes that one spouse should receive a disproportionately greater share of the estate. […]

Breaking Up is Hard To Do; Death of a Law Firm

An old French saying posits: “Any fool can start a love affair, but it takes a real talent to know how to end it.” The same is true for a law firm. And just like ending a love affair can cause anger and hostility you never expected, ending a law practice with lawyers you have […]

What Do You Do When You Think You Messed Up?

Lawyers are humans.  They make mistakes like everyone else does.  While all of us have a goal of practicing law perfectly, mistakes happen.  But how lawyers react to their mistakes is critically important. On April 17, 2018, the ABA released Formal Opinion 481, construing Model Rule 1.4.  It provides guidance as to what a lawyer […]

Representing Lawyers – The Grievance Process

Most people have no idea how many times this law firm has represented lawyers successfully in malpractice lawsuits or grievance complaints before the State Bar. Yes, we have sued lawyers successfully many times, but we also defend lawyers and testify for lawyers.  As an aid to the lawyers, I decided to write a little about […]

Tips for Use of Technology in the Courtroom

The world is changing. As lawyers, we must keep up or get left behind. A big part of being a trial lawyer is taking complicated facts and turning them into a simple yet compelling narrative—the art of storytelling. And, as every good storyteller knows, you need to understand and communicate with your audience. Every lawyer […]

Supreme Court of Texas Decides New TCPA (anti-SLAPP) Cases

If you litigate cases in Texas, you need to be educated on the Texas Citizens Participation Act (TCPA), often referred to as the Texas anti-SLAPP statute. The TCPA originally was billed as a relatively narrow statute designed to prevent lawsuits aimed at stifling the exercise of constitutional rights related to freedom of speech and petition. […]

Button, Button, Who’s Got the Button

It seems there is no end to the questions involving the client’s file and who has a right to it. Texas has a new ethics opinion on the subject, addressed at the end of this article, but let’s first address some of the many questions about the client’s file that have already been answered. First, […]

Associates Can Get in Trouble Too!

In our legal malpractice cases, we generally do not assert claims against associate attorneys on the theory that they are not in charge of the direction taken or work done in the case or transaction. But that doesn’t mean that associates have no responsibility for violations of rules of procedure, ethical rules, or court orders […]