Jim Pennington was selected as one of the community's premier attorneys in the area of professional liability litigation. D Magazine published its list of "Best Lawyers in Dallas," selecting the best attorneys in Dallas in various categories. The list is based on nominations and voting by other attorneys in the Dallas area. A panel of lawyers then reviews the nominations in order to select the … [Read more...]
Anti-Fracturing Rule Bars Certain Claims
The Dallas Court of Appeals recently addressed the anti-fracturing rule in Parsons v. Queenan, 2017 WL 360673 (Jan. 23, 2017). The anti-fracturing rule prevents plaintiffs from converting negligence claims against an attorney (legal malpractice) into other claims such as fraud, breach of contract, breach of fiduciary duty, or DTPA violations. Id. at *3. The rule was created to … [Read more...]
Breach of Fiduciary Duty or Professional Negligence?
In Starwood Management LLC v. Swaim, the Dallas Court of Appeals recently discussed whether a claim for breach of fiduciary duty was actually a claim for professional negligence. Starwood Management LLC v. Don Swaim and Rose Walker, L.L.P., 2016 WL 865305 (March 7, 2016). In that case, Starwood alleged that its attorneys were negligent in representing Starwood and that the attorneys breached their … [Read more...]
Lawyer not allowed to withdraw when client failed to pay fees and costs
In American Resource Technologies, Inc. v. Oden, Civil Action No. 3:13-CV-04419-B, 2014 WL 6884243 (N.D. Tex. Dec. 8, 2014), the court held that a lawyer cannot always withdraw from a case when a client fails to pay fees and costs owed to the lawyer. In this case, the plaintiffs’ lawyers moved to withdraw under Rule 1.15(b), which permits withdrawal if either: “the client fails substantially to … [Read more...]
Sanctions against lawyers upheld on appeal
The Sixth Court of Appeals recently affirmed a judgment for sanctions against 2 lawyers for filing a groundless claim against my client. Previously, the trial court sanctioned the 2 lawyers for filing a claim against my client in bad faith and which was groundless and filed for purposes of harassment. The trial court awarded over $30,000 in sanctions against the 2 lawyers. On appeal, the Court of … [Read more...]
