Just Say No: Avoiding Difficult Clients

One of the hardest and most expensive things we do as lawyers is deal with difficult clients. We all have dream clients who make our jobs easy and enjoyable. These clients listen to us, heed our counsel, interact pleasantly with us, and pay their bills in full and on time. But for every yin, there […]

Clients Changing Lawyers – Part 2

To read the first part of this article, click here. In my previous blog, I outlined the risks that clients face when they terminate a lawyer whom they hired on a contingent fee basis. The Texas Supreme Court’s 1969 decision in Mandel & Wright is that a client who fires a lawyer employed on a […]

Clients Changing Lawyers

Clients routinely seek to change lawyers at some point during a lawsuit. It is usually not a problem—unless the first lawyer was retained on a contingent-fee basis. Because many clients who retain a lawyer on a contingent fee are unsophisticated consumers of legal services, they often stumble into risks that could have been avoided when […]

Recent Developments In The Texas Doctrine of Attorney Immunity

Attorney immunity doctrine is a hot topic in Texas law. The Texas Supreme Court of Texas has issued two opinions on the doctrine in the past four terms, and the Fifth Circuit has issued two opinions on it since January 2019. As a result of these opinions, we now have a much better idea of […]

Johnston Tobey Baruch Attorneys Earn 2019 Texas Super Lawyers Honors: Chad Baruch among Top 100 Lawyers in Texas & Dallas area

All four shareholders in the trial and appellate firm Johnston Tobey Baruch were selected to the 2019 Texas Super Lawyers list, with firm shareholder Chad Baruch earning honors as one of the Top 100 lawyers in Texas and in Dallas-Fort Worth. A recognized constitutional scholar Mr. Baruch was selected for his appellate work. The firm’s […]

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 […]