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 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 […]
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 […]
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 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 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 […]
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 […]
