Author Archives : Jacob

Home  /  Author : Jacob

Rule 202 Pre-Suit Depositions

Avatar
September 11, 2015

A couple of years ago, a client came to me for assistance.  He suspected that his financial advisor was not being honest with him.  After looking through his documents, I had a lot of questions that needed to be answered, but I did not have enough to justify a lawsuit. …

Tracking Emails: Ethical Considerations for Lawyers

Avatar
May 27, 2015

I was recently asked if I ever used email tracking software.  Initially the thought intrigued me, but I am concerned about the ethical implications.  The person who told me about this technology explained that it could provide me with an advantage in settlement negotiations.  Using this software, I could track…

When is the Last Time You Read the Texas Lawyer’s Creed?

Avatar
May 15, 2015

Recently, I had a minor disagreement with opposing counsel.  It was nothing of any significance, but I had my attention drawn to the Texas Lawyer’s Creed.  My first impression was that neither opposing counsel nor I were living up to the standards set forth in the Creed. 

How to Obtain a TRO in Collin County:  E-Filing and New Local Rules

Avatar
April 16, 2015

E-filing and the adoption of new local rules has changed how you go about obtaining a temporary restraining order (“TRO”) in the Collin County District Courts.  I will not tell you how to comply with the applicable rules and statutes clearly set forth in the Texas Rules of Civil Procedure[1]…

Will My Children Inherit My iTunes Library?

Avatar
March 6, 2015

What will become of my digital music, movies and books when I die? 

Talking to the Jury: What Can and Cannot be Said

Avatar
February 13, 2015

I have prepared a number of voir dires, opening statements and closing arguments.  During my preparations, I always have a moment when I stop and say to myself, “What are the rules?  What might I say in passing that would create reversible error?” 

Top 5 Reasons Why I Love Being a Lawyer

Avatar
January 23, 2015

In just about every publication aimed at the legal profession there will be an article about the joys of being a lawyer.  In such articles, the lawyer will often tell a story about his or her humble beginnings and how, through hard work and determination, they were able to complete…

Written Discovery: Mad Max and the Thunderdome

Avatar
January 9, 2015

Picture the Thunderdome.  A shadow filed, iron caged, dome with a dirt floor the color of rust from recently spilled blood.  The moving shadows are created by the post-apocalyptic spectators hanging along the outside of the cage, clad in various leather costumes with open sores oozing puss.  You are Mad…

What is Quo Warranto?

Avatar
December 12, 2014

Over the course of the past two months I have randomly come across the phrase quo warranto.  The first time was the in the Texas Rules of Civil Procedure (Part VII, sec. 7) and the second time was in the Texas Civil Practice & Remedies Code (§§66.001 et seq.).  I…

Relax. It’s Going to be Okay.

Avatar
November 21, 2014

On September 23, 2014, Aaron Rogers of the Green Bay Packers gave his fans some great advice, “Five letters here just for everybody out there in Packer-land:  R-E-L-A-X.  Relax.  We’re going to be OK.”  While Aaron Rogers was talking about the Packers’ football season, I strive to apply this advice…