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Holdem or Foldem

By February 24, 2021May 6th, 2021No Comments

LITIGATION IN THE LONE STAR STATE:

KNOW WHEN TO

HOLD’EM & KNOW WHEN TO FOLD ‘EM

           If more Texas litigators and Texas Trial Attorneys appreciated Kenny Roger’s lyrics of his great song, clients would be a lot better off.  The problem for Texas litigation clients is that they often think their litigation cards are better than they turn out to be.  If it is a weak or problematic case, folks need to know that straight up and not labor under false expectations that bring revenue to a law firm and lost dollars to the clients.  Given the level of competition between litigation law firms in Austin, Dallas, and Houston, it is critical that you choose the right horse before the race begins.

          The key to litigation success in Austin, Dallas, and Houston, is to get an experienced assessment from the very first meeting.  It is always best to consult with a litigation attorney who has practiced in the specific area at issue and for a considerable period of time.  For example, if you are dealing with a lawsuit involving technology law in Texas, you want to seek out a Texas intellectual property law firm that handles litigation.

          The next question to qualify the Austin, Dallas, or Houston lawyer who might handle your case based on their Texas courtroom experience in the specific technology issue involved whether it is infringement, theft of trade secrets, or whatever the matter might be.  As a word of caution, be wary of advertising labels that attempt to depict your lawyer as a superhero.  Most of these accolades are paid for and not earned.  The best indicator of excellence is conferred by the State Bar of Texas or Martindale Hubbell which offers an AV Rated “Preeminent” ranking to the best attorneys in America, including the Moster Law Firm.

          An excellent Texas lawyer will lay out the cost benefits of any action as there is never a guaranty that you will win.  If the attorney appears overly enthusiastic you might seriously consider exiting the law office as rapidly and safely as possible.  Although law firms avoid giving you a success percentage, always ask for one. 

          Critically, you need to understand the strengths of your case, the weaknesses, and the potential legal costs and expenses to litigate.  Without this critical information which many Texas litigation firms will not volunteer, you have no way to complete a cost-benefit as to whether the case should be pursued at all.

          Also, watch out for who will be responsible for the legal work.  Is the partner doing the job or handing it off to a brand new attorney?  You are more likely to get a green associate in a large firm that attracts clients given the national or international power of its brand.

          A seasoned and experienced lawyer should be able to listen to your fact pattern at the first meeting and make a recommendation as to the merits of your case or lack thereof.  If you sense hesitation, might be best to head for the exit door again.

           Oh, and final word of warning.  Don’t pay a law firm to research whether you have a good case or not.  If they don’t have that answer from the get-go, best to get another legal opinion.

          At the Moster Law Firm, we are here to give you a sound assessment of your potential Texas litigation in Austin, Dallas, and Houston.  Give us a call for a complimentary meeting to discuss your litigation concerns in a wide array of areas including Texas technology litigation, Texas IP litigation, Texas infringement,  Texas copyright infringement, Texas trademark infringement, Texas theft of trade secrets,  Texas civil litigation, Texas business litigation, Texas commercial litigation, Texas complex litigation, Texas shareholder litigation, Texas partnership litigation, and other Texas disputes. 

If you are seeking outstanding counsel in Austin, Dallas, or Houston, set up a meeting with the Moster Law Firm. 

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