For the Record

With 2018 winding down, Texas managed to squeeze in one more big national economic ranking before the ball drops. This time, it’s Forbes’ annual ranking of best states for business, which puts the Lone Star State at #3 overall.

For those of us who only play lawyers on TV, the legal world and its jargon can be perplexing. Being deposed in the legal world doesn’t (usually) involve any sort of Game of Thrones-like coup. You might want to keep your Latin dictionary handy if you’re doing any light legal reading, and what’s with all this talk about barratry, anyway? Fortunately, we at TLR are here to help shed some light on the lesser known areas of the legal system that still deserve our close attention. One such area is third-party litigation finance.

You could pay for a couple of months’ rent in a nice apartment in Austin, Dallas or Houston. $3,535 gets you more than halfway through a semester of tuition at The University of Texas at Austin. It could also buy you more than 1,100 gallons of milk, more than 1,300 gallons of gas and nearly 600 gallons of Blue Bell ice cream.

September 1 marks the one-year anniversary of the enactment of House Bill 1774, the Texas Legislature’s solution to stop storm-chasing lawyers from taking advantage of property owners after natural disasters. After the explosion of unnecessary lawsuits against insurance companies following hail and wind events, property insurers in parts of the state were raising premiums and deductibles, or had stopped offering coverage in some areas all together. The Legislature acted decisively in 2017 to shut down this obvious lawsuit abuse and stop storm-chasing lawyers from hijacking our property insurance premiums.

Picture this: You are the defendant in a lawsuit. You spend thousands of dollars and months preparing to defend your case in a court of law. You hire an attorney to help navigate the web of legal issues created by this litigation.Then the day arrives. You show up to court, and sitting on the other side of the courtroom is the plaintiff…a monkey.

The New York Times recently looked into “defensive medicine,” or the practice of doctors ordering excessive medical tests in an attempt to stave off medical liability lawsuits. Testing out of an abundance of caution, many doctors believe, can potentially shield a physician from being sued in the event of an issue with a patient down the road.

But as it turns out, this understandable “CYA” by health providers is costing all of us big bucks.

A recent newspaper article spurred us to look into The Great Tuna Settlement of 2015. What we found, of course, was more evidence of client recruitment by enterprising plaintiff lawyers.

Texas is turning heads, yet again. The latest national recognition comes from CNBC, which recently named Texas the Best State for Business in 2018. This makes the Lone Star State the first to snag the top spot four times in the study’s 12-year history.

Personal injury trial lawyer advertising is not new. The U.S. Supreme Court deemed it a matter of free speech in 1977, opening the door to an estimated $1 billion in lawyer advertising in 2017. But just because it’s legal doesn’t mean it’s good.

TLR spent the 2015 and 2017 legislative sessions working to fix the problems storm-chasing lawyers were creating for Texas property owners. Fortunately, the Texas Legislature passed a common-sense solution in 2017 to make it harder for these lawyers to file unnecessary lawsuits, while maintaining the strongest insurance consumer protections laws in the United States for Texas property owners.