45. If the court of appeals determines that an appeal is frivolous, it may - on motion of any party or on its own initiative, after notice and a reasonable opportunity for response - award each prevailing party just damages.
In Texas civil cases, you have the right to represent yourself. See Texas Rules of Civil Procedure 7 and 120. But you should at least talk to a lawyer before representing yourself. Start by looking for legal help in TexasLawHelp's Legal Help Directory.
You want to keep it short and sweet: show the judge(s) succinctly why the argument is wrong and then move on to something else. You don't want a long, detailed response to inadvertently add credibility to the dumb argument by suggesting that it's not actually that simple.
Use Mr./Ms. last name for the initial email. When opposing counsel responds and signs off with a first name (e.g., "Nick"), use that going forward. ? To address a group of opposing counsel, go with "Counsel." If you find these tips helpful, please follow Nick Bullard and click the ? to get my next tip.
You want to keep it short and sweet: show the judge(s) succinctly why the argument is wrong and then move on to something else. You don't want a long, detailed response to inadvertently add credibility to the dumb argument by suggesting that it's not actually that simple.
If the problem persists, take action before the situation gets worse. Do not pass the issue to someone else in your office. Instead, a frank exchange between you and the opposing counsel may be needed. Perhaps a colleague can serve as an intermediary to smooth the way to a better relationship.
Complainants are required to use the State Bar's current grievance form, effective September 1, 2023, to report attorney misconduct. A grievance can be submitted electronically at , or the current grievance form can be downloaded from there.
You have no legal obligation to speak to the opposing Attorney, but sometimes it can be helpful in reaching a settlement.
Any time an attorney fails to meet the expected standards of his or her profession, their clients could take legal actions against them for what is called “legal malpractice.”
Complainants are required to use the State Bar's current grievance form, effective September 1, 2023, to report attorney misconduct. A grievance can be submitted electronically at , or the current grievance form can be downloaded from there.