Skip to main content
#
Rutledge Law
site map
contact
email usour twitter linkdin
RutLaw Blog
Sunday, January 21 2018

I see clients -- both individuals and companies -- trying to decide if/when to retain their own counsel.  Often, the chief consideration is cost. However, I find, too, that some clients simply are unaware when they are in a dispute (or potential dispute) that requires counsel. 

Here are some considerations: 

1) Does any other party have a lawyer in the current dispute/issue?; 

2) Has any one asked you to review legal douments that you are unsure you understand completely?;

3) Has any one asked you to sign a release?; and

4) Is there a possibility that you could either be sued or pursue a claim regarding the current dispute/issue?

If the answer to any of the foregoing questions is "Yes", then I would recommend you consult with counsel.  Even if not free of charge, the initial consultation will still likely be inexpensive relative to cost of the overall dispute. 

I have seen homeowners, in particular, get themselves, into jams when thinking a builder/contractor that is represented by counsel is pursuing their interests.  If they have a lawyer, you almost certainly at least need to talk to a lawyer. 

Also, I have seen defendants in negligence claims create sticky situations in discovery later (and inadvertently create leverage for the claimaint) by failing to hire counsel early to provide advice in coordinating a claim investigation.  Again, if you have a good idea a lawsuit is coming it is better to prepare accordingly.  To do otherwise may save pennies now but cost many more dollars later.  

Good lawyers are expensive.  Failing to hire a good lawyer when you need one is really expensive.  

Posted by: Rick R AT 02:19 pm   |  Permalink   |  Email
Sunday, September 03 2017

In the wake of the devastation caused by Tropical Storm Harver here on the Gulf Coast, so many Texans (and many others from around the country, i.e, the vaunted "Cajun Navy") have stepped up to provide critical relief and assistance.  

It has been a marvel to behold.  Faced with what is probably the worst natural disaster in U.S. history, people on the Gulf Coast are coming together to get back on our feet ... and rebuild. 

On the legal front, the Houston Bar Association is rounding up volunteers to assist evacuees and storm victims with free legal counseling for legal issues such as insurance claims, landlord-tenant, creditor/billing issues, etc.  The State Bar of Texas has a rundown of its efforts and resources HERE

God bless the Texas Gulf Coast and those lending a hand in these times.  We will be on our feet soon.   

Posted by: RickR AT 06:19 pm   |  Permalink   |  Email
Sunday, October 02 2016

We recently concluded a long battle that took us through trial, the court of appeals ... and all the way to the Texas Supreme Court and back ... before the parties finally agreed to settle the case.  Prior to getting heavily into preparations for another trial, the parties agreed to settle the case.  

First, we went to mediation.  Our efforts at negotiating a settlement did not result in a settlement there.  However, we kept talking; for more than two months after the mediation ended we were talking and negotiating a settlement.  Our mediator stayed involved in this process, which was a big help.  The whole process left me with some thoughts regarding negotiations. So, here goes: 

First, know your bottom line.  Decide where you want to go, how far you will/won't go, and then work towards it.  

Second, get help.  That is, if trying to settle a case, a good mediator can be invaluable.  Even if a case does not settle at mediation, then you will at least know how far apart the sides are to know what you are really fighting over.  That is, a good mediator will get the sides to their stopping points, at least.   If the lawyers on the case are good and all the parties are in the case, I like the idea of an early mediation. (Often, some amount of discovery will be needed to evaluate a case properly). Most mediators will tell you to wait to start negotiations until you get to the mediation, in order to allow the process to have the best chance of working, and I generally agree.  

Third, if it doesn't settle at mediation, then reevaluate your bottom line in comparison to the between gap the parties. 

Finally, save negotiations for people in an adversarial relationship.  For my part, I am fighting for my clients and want to avoid negotiating with them regarding fees and such.  People on the same side of the dispute should speak openly and honestly about what they want and then see if they can accommodate each other.  

In sum, know what you want. Work hard and early for that result, preferably with the help of a good mediator.  If the case does not settle, reevaluate your settlement position in light of what is learned at mediation. 

And always ... be ready, willing, and able to prepare to win the case.  The other side must know this. Such an approach provides the best opportunity and environment to avoid a trial.  

 

Posted by: RickR AT 05:21 pm   |  Permalink   |  Email
Monday, February 01 2016

Today marks four years since my former firm moved downtown to become the Houston office of a major firm.  I was the only person, lawyer or staff, who did not take part in the merger and go with my former firm.  Instead, I opted to start Rutledge Law Office, P.C., with quite a bit of excitement and a little bit a trepidation. 

It has been a road well worth taking.  

Indeed, four years later, we here at RutLaw continue to pride ourselves in providing excellent, responsive service, with the ability to take on any lawyer/law firm anywhere in Texas.  We remain the friend of the small businessperson, the homeowner, and those individuals and companies needing counsel in an increasingly challening economic climate. 

During the past year, we have:  1) moved our offices downstairs at beautiful Augusta Pines to suite 127W and extended our lease through 2019; 2) continued the process of digitizing our records and practice to provide the most effective and efficient service to our clients (we will finished this process in 2016); 3) provided excellent service to our clients, including the successful conclusion of a seven-year struggle to secure clear titled for a major Houston-area church; and 4) we began providing estate planning/will services to our clients, as well.  

As we move into 2016, I remain grateful to our staff, all our clients, and those colleagues who entrust us with their referrals and recommendations.  We will continue to work hard to keep your trust, never taking it for granted.  

So, here's to a great 2016.  For the 5-year anniversary next February, perhaps we will have "blowout" here at AP.  Stay tuned.  

Posted by: RickR AT 06:44 am   |  Permalink   |  Email
Friday, October 30 2015

Two presidential administrations, two governors, two law firms, and more than seven years ago I began working on case for a group of trustees seeking to protect and preserve their church property against claims that it was held in trust by a now-unfriendly national denomination.

And finally, this summer we put the case to bed with happy clients and a great result. It is hard to see how this happened in retrospect, because it seemed like we took it on the chin a lot along the way.  I guess it seems that way because actually, well, we did. That is, much like America lost most of the battles in the Revolutionary War and still won her independence from Britain in a long war, in our case, we lost at every level, too; but, in the end, we won the war.  

We prevailed because we had a client that allowed us to do the legal work and research necessary to prevail, and also because our client was committed to the process and all-in.  And we prevailed because the court (in this case, the Texas Supreme Court) did its part, and in the end, we had some luck, or rather, perhaps Providence, to make it all happen. 

Our clients came to us in 2008 to find a way forward in the light of their national denomination’s aggressive posture toward local churches seeking to leave the denomination with their property.  Specifically, the denomination asserted that it had a trust interest in all local church property based upon a solitary clause in its voluminous church constitution.  The question therefore was:  Could an ostensibly hierarchical church denomination (as this one was) claim a trust interest in its own constitution without ensuring that the interest complied with Texas property/trust law?  As of 2008, the predominant thinking in Texas was that the answer to that question was “yes.”

However, we believed that the sole Texas Supreme Court case on the subject – Brown v. Clark from 1909 – had been misread by subsequent appellate courts and that, in fact, Texas would apply “neutral principles” of law (that is, look at the deeds, record instruments of title, and Texas property and trust law to determine ownership). 

So, our client agreed to file suit and become the first group to bring suit against the national denomination in Texas.  And, as mentioned above, it was a rocky road.  We lost in the trial court via summary judgment.  As nervous church members looked on, we lost in the appellate court, as well, as both courts relied upon their understanding that Texas deferred to hierarchical denominations. 

Remarkably, shortly after we lost our initial round in the court of appeals, though, the Texas Supreme Court decided – for the first time in more than a century – to review two church property cases and clarify what rules apply in such cases and would apply going forward. 

Thus, in Masterson v. Diocese of Northwest Texas, the Supreme Court reviewed these church property cases, and as the court began this process, we filed a Motion for Rehearing in the court of appeals, asking the court to wait to finally adjudicate our case until Masterson was decided.  The court of appeals thus waited.  And so, the waiting game … continued for us, as well. 

Finally, on August 30, 2013, the Texas Supreme Court announced its decision in Masterson. Simply put, the opinion was a candid, and frankly unusual, example of judicial clarity that pronounced, once and for all, that Texas would follow a neutral principles analysis and treat church entities as all other property owners.  In reversing the summary judgment in favor of the national church in Masterson, the Supreme Court also took the unusual step of announcing how certain issues (not technically before the court for review) would be analyzed going forward.  In laying out its decision-making process in total, the Supreme Court was effectively helping the parties in the Masterson case -- and others, including ours -- to evaluate how their cases would be decided so that parties and the courts below could proceed accordingly.

We then waited through the Masterson rehearing process, which finally ended at the end of 2014.  At that point, we filed our own motion for summary judgment, asking the trial court to rule that we were the rightful owners of our property and that it was not held in trust.  In the face of our motion, the national denomination asked for a delay from the court so our case could be mediated and potentially settled.  As a result, we went to mediation and the case was resolved.  We left with quitclaims deeds for our personal and real property, and we made no payment to the denomination to do so.  Of course, it was our position that this was the right result from the beginning. 

But we had to go through this process to get here.  And so, we did. 

Again, without a committed client, one that allowed us to do all the research and work necessary to win, and without courts doing their jobs, and, well, in this case, a little good timing … you can decide why we got it, I have my thoughts … none of this would have happened.  But it did. 

It is rewarding to see the system work and for good people to get the results they deserve.   

Posted by: Rick R AT 10:53 am   |  Permalink   |  Email
Wednesday, June 17 2015

Note:  We have moved ... but only downstairs.  Our mailing address remains the same but note the new suite number -- 127W

As always, come see us out at Augusta Pines.  I will put up pictures soon. 

Posted by: Rick R AT 07:58 am   |  Permalink   |  Email
Thursday, January 15 2015

One of the services I perform for friends and clients is assisting them in finding a lawyer when they have issues that are outside my area of expertise, i.e,. family law and business formations, in particular.  Through the years, it has become apparent to me that this lawyer selection business is tough.  It is hard for me sometimes, as well.  And I have inside info and experience.  

So, how do you pick a good law firm?  That's the question.  Really, that's the trick question, and it is for a different reason than you might think.  Yes, I have lots of good lawyer jokes, too.  But the question is a trick question because it is the wrong question.  Here is what I mean:  Want a better answer?  Then, ask a better question.  

Here is the better question:  How do I pick a good lawyer?  There are good lawyers all over.  There are bad lawyers all over.  Both types are in all kinds of firms.  

The first order of business is to hire a lawyer, that is, a person, rather than a firm.  (Your engagement agreement will technically be with the firm, in all likelihood, but still, you want to establish a lawyer-client relationship with a specific lawyer.) Next, find out whether that lawyer will be handling your case personally, or will he/she be handing it off to another lawyer, perhaps a junior associate.  Note also that the more hands touch a file, the less efficient the work tends to be, and the higher costs tend to be, as well. 

But when hiring your lawyer, how do you evaluate them?  They are several ways to do this.  If possible, start with a lawyer who knows them, or perhaps a client.  What are their impressions and recommendations? 

Still, you have to make your own call here.  So, what do you look for?  My own view is that you want some one you like and trust, if possible.  But trust is paramount.  Also, you want some one who juries and judges are going to like and trust, again, with trust paramount.  

And how do you measure trust?  I think it is a combination of competence and integrity.  Ask a lawyer about his/her experience and results. Drill down. Personally, some of my more illustrative results aren't on this site because they are too difficult to distill into bullet points.  So, ask your perspective lawyer. 

Aside from rates, logistics and other obvious matters on your mind, consider asking also:  1) Do you want to work on my case?;  2) Do you think I have a good case?; 3) Do you have the time to give proper attention to my case; and 4) Who, besides yourself, would be working on this file?  Tell me about them.  

This will get you started.  

Let me know if I can help in this process.  

Posted by: Rick R AT 02:02 pm   |  Permalink   |  Email
Wednesday, November 19 2014

In education, the "three R's" are the fundamentals, the basic building blocks upon which learning is built -- "reading, writing, and 'rithmetic."  This old alliteration communicated a message to both students and educators to stay true to these fundamentals and then learning would flow.  

In the same way, I have my own "three R's," and they serve to remind me of how I can effectively serve clients and also let clients know what they can, in turn, expect when they hire us. More than a slogan, this is how we practice: 

Real Lawyers and People -- This means that we can communicate and relate effectively with courts, counsel, our clients, witnesses ... every one.  This enterprise is first and foremost a personal one. 

Responsive to Clients and Courts -- This means the matters entrusted to us are important to us, as are the clients who hire us.  As such, we remember to timely address clients' concerns with their goals in mind.

Results for our Clients -- In the end, this is how we are measured.  So, we move the ball toward a result that serves our clients, always.  

The foregoing is both a description and an ideal. That is, we are both achieving the foregoing on a regular basis and continually self-evaluating to make sure that we are improving and doing our very best to serve our clients. 

In the end, ours is a service profession.  In that regard, let us know how we are doing and how we can serve you better.  

Posted by: Rick R AT 05:00 pm   |  Permalink   |  Email
Tuesday, October 07 2014

... for real. Yes, it is true.  The online home and this blog will be operational at that point. 

If you have any questions or needs in the meantime, please give us a call at 281-528-1535 or email to rickr@rutledgelaw.net.

In our next post, I will talk about the "3 R's" formula that defines our practice and also is the key to our success going foward.  

See you next time, 

Rick

Posted by: Rick R AT 08:28 pm   |  Permalink   |  Email
Wednesday, September 03 2014

Testing ... 

Posted by: Rick R AT 03:05 pm   |  Permalink   |  Email

TERMS OF USE: This website is solely for informational purposes.  It is not to be considered legal advice.  Please speak with an attorney at this firm or of your own choice to obtain legal advice in connection with any specific matter. In no event will the firm or its attorneys be responsible for loss/damages resulting from any usage of the materials on this website. Please also note that unless otherwise noted within this site, attorneys not certified by the Texas Board of Legal Specialization.

    Contact Information

    Rutledge Law Office, P.C.
    819 Crossbridge Drive
    Spring, TX 77373
    phone: 281.528.1535

    email: rickr@rutledgelaw.net

    © 2023 All Rights Reserved

    We Serve Our Clients

    We have a track record of obtaining successful results throughout Texas -- in state and federal courts, as well as arbitrations. Led by an AV-Rated trial lawyer (Preeminent 2012, 2021, 2022, and 2023) who has been voted one of Houston's Best Lawyers in 2008 and again by his peers in 2017, our trial practice focuses on construction, commercial, tort, and indemnity/insurance. We also provide proactive counsel to small businesses on myriad topics. Unless otherwise noted, attorneys not certified by the Texas Board of Legal Specialization.

    email usour twitter linkdin
    powered by:
       Company Studio