Happy Thanks – taking!

happyEndingAh, the holidays.  Tis the season of giving.  But for many lawyers and their clients, giving is not on their minds.  The client has been wronged and wants justice.  But the wheels of justice often turn very slowly, especially around the holidays.  The client wants results, but there is nothing to be had.

It doesn’t always have to be that way, especially in business disputes.  There are things that can be done to advance the ball down the field.  Even some of the most seasoned attorneys sometimes forget about the “extraordinary remedies” that Texas law affords litigants, particularly in suits involving money or property.  

To Those Who Help

As they do each year, the Dallas Morning News published their list of those for whom we should be thankful on this truly American holiday.  I was struck by the common theme of their selections: people who help and serve others.  While hardly a novel concept, it was a good reminder of who constitutes the most remarkable among us.

atticus-finch

Like many in our line of work, I grow weary of the sweeping assaults on the legal profession by the politicians and comedians (despite the undeniable humor of many.)  Too often I feel forced to explain that “I don’t practice THAT kind of law,” tacitly agreeing with the gist of their critique.  Why?

The commercials are sickening.  

Relax. It’s Going to be Okay.

aaron-rodgers-geeksandcleats

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 to my litigation practice on a daily basis.

It has been my experience that the amount of stress I inflict on myself rarely changes the outcome of a case.  In addition, it would seem that, more often than not, everything has a way of working itself out.  With this in mind, I would like to offer a few observations that may help relieve some of your stress, should you be the client or the attorney.

Don’t “Waive” Goodbye to Your Personal Jurisdiction Challenge

Gump

In the law, “waiver” is defined as the voluntary relinquishment of a known right. Lawyers waive defenses and legal argument in courts more often than you might think. Sometimes it’s intentional, and sometimes it’s not. Sometimes it’s the result of the lawyer’s mistake. A lawyer forgets to raise a defense, or simply overlooks one.

Dallas Court of Appeals Imposes Sanctions for Frivolous Appeal of Special Appearance

Dallas COA

In a rare move, the Dallas Court of Appeals has levied sanctions against a party for filing a frivolous appeal of a trial court’s order denying that party’s special appearance.  In Estate of Deuel-Nash, 2014 WL 5581044 (Tex. App. – Dallas 2014, n.p.h.), the defendant (Nash) in a probate proceeding filed a plea to the jurisdiction (which is different from a special appearance contesting personal jurisdiction) and later filed a “motion to nonsuit” the plea to the jurisdiction.  The defendant also served a non-party with a subpoena.  The defendant thereafter failed to produce documents in response to a demand from the plaintiff, prompting the trial court to issue an order to the defendant to appear and respond to the plaintiff’s motion to show cause.  In response to that order, the defendant filed a special appearance, contesting the probate court’s jurisdiction over him.