Litigation and trial practice

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I keep reading reports that the so-called tort reform movement is much exaggerated.  Many of these so-called "reforms" keep folks from getting to the courthouse and seeking true relief.  One more such report appears in the form of Blocking the Courthouse Door, by Stephanie Mencimer, reviewed by Washington Monthly.  The author recounts various examples…

District courts and appellate courts frequently parse evidence in discrimination cases.  There is ample precedent saying they should not.  But, they do.  Workplace Prof blog discusses a case in which the Eighth Circuit picked and chose which evidence it would consider and found for the employer.  See Workplace Prof blog post. Courts are supposed…

 Crazy things happen in trials.  One recent jury in Bexar County apparently took some evidence home.  One of the jurors pocketed a picture of a boy in the hospital – who was the subject of an abuse trial.  See San Antonio Express News report.  A couple of the jurors took pictures home – perhaps…

Depositions are key events in any lawsuit.  The Opposing Counsel has the freedom to ask questions that lead to admissible evidence or questions which are reasonably calculated to lead to admissible evidence.  That standard allows a broad range of questions.  Most plaintiff employees are understandably nervous about being deposed regarding their case. 

Some plaintiffs, for…

Texas ethical rules require that lawyers not charge a client an "unconscionable" fee.  There is no precise definition of "unconscionable," but it does mean really, really high fees.  A lawyer in West Texas was paid millions of dollars by wrongly convicted inmates.  The wrongly convicted inmates receive $80,000 per year in state compensation for every…

 My clients often tell me some horrible deed by the employer and quickly ask me "can they do that?"  To me the real question is "will the employer’s act and his explanation pass muster with the judge and jury?"  I usually answer by "guestimating" what how a jury would respond.  If the client really presses…