Texas Young Lawyers Association’s Post

Nice lawyers finish first. Yes, really. And MSBA President Paul Floyd is here to tell you how being a nice lawyer can benefit your practice in this article from Bench & Bar. https://lnkd.in/gd6ERrPD

Businesspersons often fail to understand that a term sheet or other agreement contemplating a subsequent legal document can sometimes result in a binding contract even when a more detailed “definitive agreement” is not subsequently signed (because contract negotiations fall apart). In Florida (and other states), a mutually agreed term sheet, contract, or settlement agreement specifying that further legal documents will be prepared can sometimes constitute an enforceable contractual obligation to sign those further legal documents (even when one party has a change of heart). The recent Florida case of Dozier v. Scruggs, a copy of which is attached, illustrates this point. In the Dozier case, a short form settlement agreement was entered into at a mediation conference, and one of its material terms was that the plaintiff and defendant would subsequently prepare an easement and sign it. After the plaintiff’s lawyer prepared the easement, the defendant apparently had a change of heart and refused to sign it. The defendant argued that the settlement agreement was insufficiently specific to create a contractual obligation because it did not set forth a deadline to prepare and execute the easement. Although the trial court found that there was no contractual obligation for the defendant to sign the easement, the appellate court reversed. Ultimately, the appellate court ordered the defendant to sign the easement.     For significant transactions or legal disputes, businesspersons should engage a lawyer to draft term sheets or memoranda of understanding that outline key terms, even if they believe the details will subsequently be delineated by lawyers in the “definitive agreement” that will be signed.  An attorney’s careful legal drafting can sometimes result in an enforceable contract even before all the details are “spelled out” in a later legal instrument which one side decides not to sign.  Likewise, businesspersons should not assume they will never be required to sign legal documents at the “eleventh hour” which are related to earlier agreements. #businesslitigation#contractlaw#businesslaw#contractlitigation

ICYMI: Bret Davis is a SUPER LAWYER! Not only that, but Bret has notched his seventh nod on the Super Lawyers, part of Thomson Reuters list. Read our latest blog post below to learn more, and CONGRATULATIONS, Bret!

Are you struggling to navigate the complex legal landscape while balancing business matters? Introducing our cheat sheet on how courts tackle this very issue. Learn about the key factors that courts consider when determining the protection of confidential advice in dual-purpose communications. https://lnkd.in/ecAnk2Du

Quinn Emanuel is pleased to announce that 132 of our US attorneys have been included in the 2025 edition of The Best Lawyers in America and Best Lawyers: Ones to Watch in 29 categories across 11 jurisdictions. Based entirely on peer review, lawyers recognized in the guides are voted in based on the opinion of industry colleagues.   Founded in 1981, Best Lawyers is one the oldest and most respected peer-review publication companies in the legal profession. For more than four decades, their publications have earned the respect of the profession, the media and the public as a reliable, unbiased source of legal referrals anywhere.   Learn more about The Best Lawyers in America guide here: https://lnkd.in/dS5G_3pW   #quinnemanuel #nofirmlikeours

From The Archives: Top Myths About Lawyers Lawyers are essential specialists that every person needs to win a case. There is a lot of inaccurate information available that discourages people from consulting with legal professionals. We can educate people so that there won’t be any misleading information which can be harmful to both clients and lawyers. We’ve compiled 6 common myths about lawyers since many people have inaccurate ideas about them. Let’s dive in!

We are very proud to announce that our Directors, Liad Hadar and Geraldine Southern, have been recognized in the Best Lawyers 2024 list (#RealEstateLaw category)🔷 Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession and recognition is based entirely on #peerreview. Its methodology is designed to accurately capture the consensus opinion of #leadinglawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. The link to the Business Day article with the list of all recognized Lawyers in the comments below ⬇ Well done to all!

Brilliant article by Beth Williams on legalese!

Jamie Maclaren KC, for all your stated desire for fulsome debate around Bill 21, you have an unfortunate knack of misstating my views on it. For clarity, my views are these: I think that the regulation of lawyers can and should be improved and modernized. I think having lawyers, paralegals, and notaries regulated under the same regulatory body is a good idea. I also think there is promise in paralegals and notaries having responsibly expanded roles that might better allow for access to certain legal services for British Columbians. However, my point is this: you can achieve all those goals – all of them – and not interfere with the independence of the bar. There is no reason that Bill 21 needs to end lawyers’ self-regulation unless, of course, this government wants to weaken lawyers’ independence in order to force changes upon the legal profession that this government deems “good.” However, to do so, this government is legislating into existence a permanent legal regulatory framework that could be used by this or a future government to force changes that are “bad.” The danger in this should be readily apparent. The manner in which this legislation has materialized should be concerning as well. The few legal stakeholders that the government “consulted” with prior to tabling this legislation were required to sign non-disclosure agreements before being allowed to participate in any conversation, thereby stifling their ability to discuss this bill with their members, other legal organizations, or the public. As a result, this government missed a great opportunity to open up this important conversation and work collaboratively to arrive at a solution that works for everyone. Instead, they will ram Bill 21 through the legislature next week without proper consultation and will wind up in litigation over it for years. It is a waste. I am not a Law Society apologist. I am also not looking to maintain the status quo of the legal system. Rather, I am looking for meaningful changes that can improve access to justice for British Columbians while maintaining the self-regulation of the legal profession and true independence of the bar. You can have both. But Jamie, I can’t figure out why you seem willing to throw the baby out with the bathwater. You have spent many hours posting your support for Bill 21 online, with no mention of the obvious dangers the loss of self-regulation would pose to society, or how this loss is unnecessary to advance the access to justice initiatives you say you champion. You also are now largely silent on the role of government as a primary cause of our access to justice issues, despite the fact that you cite government’s chronic and historical underfunding of legal services in the 2019 report this NDP government commissioned you to write. Why your silence on these issues now? As I have said, I think that access to justice is a critical issue in need of a solution, but this legislation, with all its dangers, is not it.