About a year ago, I released a video entitled “Automated Certificates of Service Are Coming.” The wait is over. As of this week, automated certificates of service will be rolled out in every Texas court set up for
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Virtual Jury Trials Are Here to Stay . . . for Now
For a while, we seemed headed toward resuming in-person jury trials here in Travis County. A few live trials took place under the civil district judges’ pilot program, including a two-week proceeding before Judge Amy Clark Meachum that resulted in…
Attorney Fees for Seeking Attorney Fees?
I’ve been thinking about attorney fees a lot lately, mostly from the perspective of how clients can recover and hold onto appellate-fee awards approximating what defending an appeal would actually cost. Doing so is no small feat, given that trial…
What Is the Deadline for Filing a Mandamus Petition?
I get this question periodically. The short answer is that the Texas Rules of Appellate Procedure don’t impose a deadline. But that doesn’t mean a relator (a party wishing to challenge a trial court’s order by filing a petition for…
A Rohrmoos Guess? Proving Conditional Appellate Attorney Fees
In Rohrmoos Venture v. UTSW DVA Healthcare, 578 S.W.3d 469 (Tex. 2019), the Texas Supreme Court adopted the lodestar method for proving reasonable and necessary attorney fees when seeking an award under a fee-shifting contractual or statutory provision.
The lodestar…
Adaptable Focus Is the Key to Long-Term Practice Success
Fourteen years ago this month, I left Big Law and went out on my own.
I was a “true solo” at first. I was fortunate to find an office sublease downtown, so I wasn’t completely alone. I had a few…
When Will Jury Trials Resume in Texas?
I’ve heard this question asked repeatedly: When will jury trials resume here in Texas?
Several counties have issued emergency orders addressing the issue. For example, Travis County’s Second Amended Emergency Order Regarding COVID-19 postpones all jury trials scheduled before August…
Appellate Courts Issue Blanket Briefing Extension Orders
The Texas appellate court websites suffered a ransomware attack on May 8, 2020. To minimize the damage, the Office of Court Administration immediately took the websites and the TAMES system offline.
This was a major event for both courts and…
Do Appellate Deadlines Apply During the COVID-19 Pandemic?
To date, the Texas Supreme Court has issued thirteen emergency orders in response to the COVID-19 pandemic. These orders have helped provide stability and set affected parties’ expectations about court proceedings and issues like child custody, evictions, garnishments, and attorney…
Breaking Through to the Other Side
A month or so ago, “COVID-19,” “coronavirus,” and “social distancing” had not yet made their way into our everyday vocabularies. The stock market was up, and unemployment was low. The first U.S. coronavirus death had just occurred in Washington state.…