The Bassett Firm
Toll Free : (800)310-9769
Main Phone Number : (214)219-9900
Fax Number : (214)219-9456

Texas Civil Trial Blog

Lawsuits for Sale - A Troubling Trend in Civil Litigation

There has always been a question of how a Plaintiff's attorney should fund their costs. For cases pursued purely on a contingency fee, there is usually a trust fund account used. However, an alarming new trend from across the Pacific and Atlantic has made its way to the shores of the United States that defense lawyers (and their clients) should find very troubling; third party litigation funding.

Preserving Privilege in Cybersecurity

Cyber-crime is perhaps the number one threat that most companies face today. Investing in strong cybersecurity, therefore, is crucial for safely operating any type of business in this modern age. Cybersecurity is the protection of internet-connected systems and data from cyberattacks. However, with the constant and rapid development of technology, there is no way to ever achieve complete security. Companies must manage their "cyber-risk" just like any other risk using probability and cost benefit analysis. However, this type of analysis and investigation into what vulnerabilities a company faces, how best to prioritize and suggestions on how to improve cybersecurity can be very dangerous if disclosed. A written vulnerability assessment report that proves a company was aware of the risks it faces is likely to become an Exhibit A in a lawsuit against the company after a data-breach. The issue then becomes how to keep this company information confidential and not subject to discovery in court?

Confessions of a Mediator, Part 2

Based upon the positive responses I received from my blog post entitled, "Confessions of a Mediator," I thought I would share with you three more practices that I see from lawyers who get the best settlements (either on the Plaintiff or Defendant side). First, they explain to the client what is (or is not) going to happen at mediation. Second, they get their ducks in a row well before mediation. Third, they understand that no one likes surprises at mediation.

Ethical Considerations: Client Confidentiality Must be Preserved with Withdrawing

In March of 2018, the Professional Ethics Committee for the State Bar of Texas issued Ethics Opinion Number 669, which examined client confidentiality when an attorney withdraws from representing the client. Specifically, the Opinion addressed whether a defense attorney who had been retained to represent a defendant by an insurance company could notify the insurance company that the insured client/defendant was not cooperating.

Intentional Expert Witness Disqualification

Rule 4.04(a) of the Texas Disciplinary Rules of Professional Conduct provides: "In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person." Professional Ethics Opinion 585 (September 2008) concluded that a lawyer would violate Rule 4.04(a) by counseling a client to hire all the local lawyers in a community where a lawsuit is filed if the lawyer had no substantial purpose other than to delay or burden the opposing party. The reasoning and conclusion of Opinion 585 also apply to intentional expert witness disqualification. 

The Bassett Firm

3838 Oak Lawn Avenue
Suite 1300
Dallas, TX 75219

Toll Free: 800-310-9769
Phone: 214-219-9900
Fax: 214-219-9456
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