Judges Must Police Ex Parte TROs Better


This post may ruffle some feathers, but I’ll get right to the point: Texas judges are granting too many TROs in civil litigation, and they’re not doing enough to police the requirements for an ex parte TRO, i.e. a Temporary Restraining Order granted without anyone present for the responding party. Admittedly, I base this on anecdotal evidence from my own practice, but I don’t think my experience is unusual. And to clear away one potential objection right off the bat, let me stress that I am not talking about TROs addressing domestic violence. If there was ever an appropriate case […]

What Clients Need to Understand About Litigation


Sometimes at the end of a lawsuit I’ll tell my client, “congratulations, you’ve earned your Masters in litigation!” Or sometimes, if it’s a long, complicated lawsuit, a Ph.D. Usually the client is not excited. I don’t understand this. Why aren’t they happy to learn so much about how litigation works? Oh, yeah. There’s the time, money, and energy they expended to win that knowledge. But what if you could learn all those lessons, just without the lawsuit part? That was the inspiration for this blog post. I’m going to tell you the things you need to know about litigation ahead […]