The Conflict Incentive There is a dirty secret in some family law cases, one that clients only learn about long after they’ve retained counsel, and sometimes only after they look back at the pain, stress, and expense of their divorce. The secret is that some family lawyers have a perverse incentive. Attorneys bill clients by the hour to solve their problems. That means they get paid more if the clients have more problems. Quite simply, lawyers have an economic incentive to create conflict to bill the file. Sure they have a lawyers’ creed that says they will be reasonable and advocate … [Read more...]
Contrasting the Perverse Incentive of Family Law and Collaborative Divorce
The Conflict Incentive There is a dirty secret in some family law cases, one that clients only learn about long after they’ve retained counsel, and sometimes only after they look back at the pain, stress, and expense of their divorce. The secret is that some family lawyers have a perverse incentive. Attorneys bill clients by the hour to solve their problems. That means they get paid more if the clients have more problems. Quite simply, lawyers have an economic incentive to create conflict to bill the file. Sure they have a lawyers’ creed that says they will be reasonable and advocate … [Read more...]
What’s Title Insurance and Why Are We Required to Have It?
Title insurance operates to protect a person's loss of their interest in real estate because of defects in the title. So what is a defect in a title? It is a problem with title to your property that could be caused by a lien, mortgage or judgment. It can also be an adverse claim of record like a boundary line dispute or adverse possession. These defects could prevent you from buyer, selling or refinancing your property. Whatever the circumstances of a real property transaction, you want an experienced real estate attorney from Springer & Lyle to protect your interests in the deal. When … [Read more...]
Texas Supreme Court Ends Bad Faith Claims for Workers
Texas Workers Compensation claimants took a big hit Friday when the Texas Supreme Court handed down a 5-4 decision in Texas Mutual Insurance Co. v. Timothy J. Ruttiger. The Court held that Workers Comp claimants cannot seek damages for bad faith denials of claims outside the administrative Workers Comp regulatory framework. Justice Willett's concurring opinion writes: "The continued existence of bad-faith claims will subvert the Legislature's meticulous soup-to-nuts system, one augmented by an immense regulatory and adjudicatory framework that, taken together, now regulates virtually … [Read more...]
Injured by a Doctor? You’ll likely deal with the secretive Medical Board instead of open court
Fox 4 in Dallas did a great story on the Texas Medical Board and their contribution to physician discipline since tort reform in 2003. According to the report serious disciplinary actions are down and the time taken to conduct investigations has risen. Further, Doctor confidentiality and secrecy is maintained until a final disciplinary action is completed, leaving patients unaware of allegations of malpractice by doctors. Check the Fox 4 page for a video. Some of the images are graphic and the stories are truly tragic. Its a shame our state has fallen so far in protecting patient … [Read more...]
American Trucking Associations Support Congressional Mandate for Electronic Logging Devices in 18-Wheelers
Many 18-wheeler accidents become more difficult to investigate due to missing or incomplete information concerning hours-of-service compliance. Electronic Logging Devices could assist in safety and compliance with federal laws by more closely tracking hours 0f service and other important metrics. The American Trucking Associations, along with other law enforcement and advocacy groups, recently signaled support for such a measure by sending a letter to members of the House and Senate who are currently negotiating safety regulations. “The Federal Motor Carrier Safety Administration has … [Read more...]
We Should All be Grateful for No-Fault Divorce
Here in Texas, when we go before the court to prove up a divorce I merely ask my clients, “Has your marriage become insupportable because of discord or conflict that destroys the legitimate ends of the marriage relationship?” My client answers “Yes.” Then I ask, “Is there any reasonable expectation of reconciliation?” And my client answers, “No.” Apparently it’s not that simple everywhere. According to a New York Times Article entitled “Tuna Again? In Fault-Finding Britain, It’s a Cause for Divorce” By Sarah Lyall, Published: April 7, 2012, our British common law progenitors still … [Read more...]
The New “Loser Pays”
A lot of my friends have asked me about the new “loser pays” law and how I expect it to affect litigation in Texas. For years, Texas and most other states followed the so-called, “American Rule” whereby litigants pay their own attorneys’ fees. There were exceptions, such as certain statutory provisions that allowed recovery of attorneys fees in breach of contract, declaratory judgments, and other types of lawsuits. The new law is a departure from our historical approach, and represents a Texas version of the “English Rule,” allowing the prevailing party to recoup attorneys’ fees and … [Read more...]
Cancer Risk linked to Diabetes Treatment
By Frank Lyle “Actos” is the brand name for a drug (pioglitazone) used to treat adult onset, Type-II diabetes. In June of 2011, The Food and Drug Administration (FDA) informed the public that this drug may increase the risk of bladder cancer. The FDA required new warnings to be placed on the medication’s label sold under the names Actos, Actoplus Met and Duetact. The drug has already been pulled off the market in France and Germany. It has been estimated that more than 2 million patients filled prescriptions for the drug between January 2010 and October 2010. Our attorneys at SpringerLyle … [Read more...]
No Better Care, Thanks to Tort Reform
Published in The Texas Tribune by guest columnist, Charles M. Silver In 2006, Dr. Howard Marcus wrote that Texas’ 2003 tort reform statute sparked an “amazing turnaround” in which doctors came to Texas in droves, instead of leaving the state as they had before. He was doubly wrong. Texas neither lost doctors before 2003 nor gained them especially quickly in subsequent years. In fact, according to statistics published by the Texas Department of State Health Services (TDSHS), the supply of active, direct patient care (DPC) doctors per capita grew faster from 1996 to 2002 than at any time … [Read more...]