Dallas Lawyers Magazine

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TABLE OF CONTENTS

Dallas Lawyers Magazine is published by: The Green & Green Company, Est. 1986

Al Green President & CEO of The Green & Green Co. Publisher / Editor in Chief, Dallas Lawyers Magazine Jerri Gibbs, MBA Vice President Brianna Green Editor Lubonda Chilukuta Graphic Design Nancy Zamudio Customer Service Rickey Braxton Photography Shaw Williams Distribution

3 Profile With Judge Aiesha Redmond

5 Why Do Lawyers Cost So Much?

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BY DALLAS LAWYERS MAGAZINE

Top100 Best Lawyers April 2022

16 What is a Class Action Lawsuit?

24 Steps To Stop Foreclosure

Armani Green Social Media Copyright 2022 The Green & Green Co. all rights reserved. Reproduction in whole or part is strictly prohibited. Advertising rates on request. Dallas Lawyers Magazine & The Green & Green Co. cannot be held responsible for options expressed or facts supplied by authors. Dallas Lawyers Magazine & The Green & Green Co. 4100 Spring Valley Suite 475 Dallas, Texas 75244 972.975-7516 www.DallasLawyersMagazine.com

25 Question for Potential Lawyers

26 If Arrested Please Take Note www.DallaslawyersMagazine.com

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Judge Aiesha Redmond

is the Presiding Judge of the 160th Judicial District Court in Dallas County, Texas. She also serves as the Presiding Judge of the Dallas County Civil District Judges. Judge Redmond is the first African American to serve on the 160th District Court.

A graduate of Thurgood Marshall School of Law at Texas Southern University, Judge Redmond was a member of the Law Review, graduated 8th out of 210 students and earned her law degree with Honors. Judge Redmond has been honored by the National Bar Association and received several awards for excellence in service. She has also earned an Exceptional Women in Justice and Education award and a Humanitarian award.

As a dedicated public servant, her public service extends beyond the courtroom; she is an active member of the American Bar Association and has assisted and mentored students with college and law school mock trials. Judge Redmond is committed to nurturing the next generation of legal minds by providing mentoring and internship opportunities. Judge Redmond is a member of Disciple Central Community Church, where she spearheaded a mentoring program and serves as a leader.

Before ascending to the bench, she served as an Assistant District Attorney with the Dallas County District Attorney’s Office in the Civil and Criminal Division, where she prosecuted a variety of felonies, claims, and civil matters. Judge Redmond began her legal career as a Litigation Attorney in the Complex Commercial Litigation Division at Baker Botts, L.L.P. While at Baker Botts, she gained in-depth experience handling commercial litigation, representing corporations, individuals and governmental entities in federal and state court. Judge Redmond worked on a variety of complex civil matters including contractual issues, labor and employment, pharmaceutical and construction litigation. Hon. Aiesha Redmond 160th Civil District Judge Dallas, County Texas

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DLM Q&A Profile With

Judge Aiesha Redmond

Interviewed By Al Green, DLM

Looking back over your life, what would you change regarding career paths? I am grateful for all of the career opportunities I have experienced, so I would not change anything. I began my legal career working for one of the leading international law firms in the world. I had the opportunity to gain in-depth experience handling complex commercial litigation cases in both federal and state court. Before ascending to the bench, I served as an Assistant District Attorney where I sought justice in a variety of heinous crimes and civil matters. Why did you want to become a lawyer? I became a lawyer because I wanted to be a voice for the voiceless. My parents would say I came out of the womb advocating for others. My younger brother was a fearless child who went against the grain. Needless to say, he was my very first client at the tender age of 5. I have always wanted to leave an imprint on my community and I welcomed the opportunity to face and resolve conflict. The law never avoids conflict but always confronts it. The law allows individuals to engage in some of the most important discussions that we consider such as self-governance and fair treatment. What is your number one pet-peeve as it relates to the courtroom?

(Photography y by Kory Sebastian) Judge Aiesha Redmond , husband Attorney Nigel H. Redmond and children Interview by Al Green , DLM

How do you balance family and the hard job as a state civil judge? Balancing your professional and personal life can be challenging, but it is essential. I am married with two young children and my most important job is to care for them. I am intentional with the time I spend with my family. For example, I plan and calendar our time together whether it is a family vacation or game night in our living room. I use my google calendar as if my life depended on it because it actually does. I think it is important to prioritize family time as you would a major case or project for work. If it’s not on my calendar, it does not exist.

In serving the community as an elected judge do you think it’s important to invest in the community? I think it is essential for elected officials to invest in their respective communities. People from all walks of life appear in court and it is critical to the justice system that those involved have an understanding of the community they serve. Before ascending to the bench, I spearheaded a mentoring program at my church. This program provided teens with the tools necessary to succeed in life. Consistent with the Code of Judicial Conduct, I have continued to serve my community beyond the courtroom.

My number one pet-peeve is attorneys failing to make timely request and raise pretrial disputes on issues that should have been foreseen. It’s good practice to inform the court of crucial issues before it sends for a jury. Jury service is a civic duty and an honored privilege bestowed upon ordinary citizens who take time out of their busy lives to serve. I do not like to keep juries waiting. Does your job get easier by the year or day? Please explain? My job does not get easier by the year or day. Being a state district judge can be fun, exciting, serious, and difficult, all at the same time. I handle thousands of cases that require attention to details and tough decision-making. This is why I truly enjoy this great responsibility. There is no assembly-line monotony for a judge: No two days are alike.

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Staffing and overhead costs.

If you've ever hired a lawyer, you may have been staggered by the costs involved. Why do lawyers cost so much? Attorneys can easily demand thousands of dollars and charge $200 or $300 per hour to take your case. Some charge up to 40% off the top of any settlement or verdict you get. So if you are injured in an accident, your lawyer may get almost half of everything you are entitled to.

However, if you ask any lawyer, they may tell you that their costs are fair. In fact, many will lament that they are underpaid. Here's a look at some reasons lawyers charge what they do:

Research and writing takes time. If you only receive a one-page document or a brief response to a legal question, you may wonder what you just paid for. However, the seemingly simple response that you get may be the result of hours of work researching every aspect of your legal issue. Lawyers use their expertise to explore every avenue and weigh every risk involved in a decision. As a result, the end product you see may not reflect all the behind-the-scenes considerations the attorney made in coming to a conclusion. Also, if all you wanted was a simple answer to your legal question, you were likely spared the expense of a more detailed answer (which would have required more time and would cost even more money).

Access to legal research tools. Most lawyers access cases, opinions, and statutes through the use of some online legal research tool like Westlaw (which, like FindLaw, is owned by Thomson Reuters). These tools are much more expensive than you might imagine and lawyers set their rates in order to be able to cover these costs and more, and earn a living.

Someone needs to pay the secretary, the receptionist, the paralegal, and the rent/utilities/other office expenses. Law firms only make money from the work attorneys do, so everyone else in the office, and the office itself, relies on an attorney billings. So how can you avoid these high hourly rates? You can try to take advantage of some lawyers' free consultations, but there's typically only so much you can discuss before your free time is up. Also, keep in mind that free consults are usually used by attorneys as a way to get clients in the door for the purpose of signing up new clients, so don't expect to walk away with a lawyer letter, or much more than information on what you can do next (which will usually involve hiring that lawyer, if they want your case). If you're searching for a more affordable lawyer, often solo practitioners (lawyers that practice without lawyer partners, and often with minimal staff) can offer the best, most competitive (lowest) hourly and contingency rates. This is due to the fact that solo attorneys tend to have the lowest overhead. If you've already retained a lawyer, the best way to cut back on costs is to stay on top of things: Bring all necessary documents to your meetings and hearings, promptly reply to your lawyer's requests, and make a list of questions to ask all at once. Also, don't be afraid to ask your attorney what you can do to reduce the costs. Time is money, especially when it comes to lawyers, so make sure you spend it wisely. By Andrew Lu

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BY DALLAS LAWYERS MAGAZINE

Jeffrey M. Tillotson Founder, Partner

Tillotson Johnson & Patton "I have been privileged to try cases across the table from many talented trial lawyers, but if I had to single one out it would be Jeff Tillotson. We tried a complex and tough case and I was amazed at what a naturally gifted trial lawyer he was throughout the trial. His instinct before a jury and his quiet confidence - no arrogance or condescension that might offend jurors - were truly impressive. On top of this, he was a pleasure to work with and a consummate professional throughout a relatively intense trial. I have since used a couple of things I saw him do in subsequent trials with success. No matter how many trials or appeals we might have, we can

always learn from our colleagues." - Law 360 Few trial lawyers in the country have as much complex litigation experience as Jeff Tillotson. Even fewer have as much trial experience in complex multi-party cases. Over the past decade, Jeff has acted as lead lawyer in over a dozen major multi-party cases, brought in courts in nine different states, for clients such as: the nation’s largest consumer finance company; its third largest bank; its second largest credit card issuer; and forty of the nation’s leading industrial concerns. These cases involved all possible aspects of complex litigation involving multiple parties, competing venues, extensive discovery, complex strategy and intense media scrutiny. The cases were profiled everywhere from the Wall Street Journal to Nightline to CBS Evening News and People magazine.

www.TillisonLaw.com

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Charmaine Voorhees Becken

is a Share holder in the Dallas office of Godwin Bowman PC, focusing her practice on commercial and business litigation matters. She represents both plaintiffs and defendants in business and commercial disputes involving banking, employment, and other business litigation issues. Charmaine has also worked extensively in the areas of real estate, family law, and estate planning/probate in addition to having first and second chair trial experience representing individuals and businesses. She received her Juris Doctor degree from Texas A&M University School of Law in 2014. During law school, Charmaine served as a judicial extern for the Hon. Judge Martin Hoffman of the 68th District Court, participated in mock trial, and worked as a law clerk for litigation firms. She received a dual undergraduate degree in English and Philosophy with a minor in Business from Texas Christian University.

Stefanie Major McGregor

is a Shareholder in the Dallas office of Godwin Bowman PC, focusing her practice on commercial litigation matters. She represents clients in both the prosecution and defense of a wide range of cases before state and federal courts around the country. Stefanie's practice covers a broad range of areas, with an emphasis on complex litigation, environmental and oil and gas litigation, major family law disputes (custody, property division, etc.), property disputes, and disputes involving trusts and estates. Notably, she was an important member of the Firm's trial team in the successful defense of Halliburton in connection with all civil litigation and investigations concerning BP's Macondo well blowout in the Gulf of Mexico, the largest environmental lawsuit in the history of the United States. Stefanie clerked for the Louisiana Supreme Court for one year and later became a Senior Research Attorney. Reflecting the excellence of her practice, Stefanie has been honored six times with selection to Thomson Reuters' Texas Rising Stars, which recognizes the top young attorneys in the State of Texas. She received a J.D. from Loyola University New Orleans School of Law in 2002 and a B.S. in Political Science from Texas A&M University in 1999.

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Attorney Russell Wilson, II,

began his legal career in Dallas after graduating with honors from the University Of Oklahoma College Of Law. He formed his own practice, with a focus on both civil and criminal matters. His early professional goals were to meet the needs of the average member of the community and provide top-notch legal representation to an underserved clientele. While he began as a generalist, his success in criminal cases soon became apparent. Russell was most serious about his mission to help people. He knew that clients facing criminal matters could suffer dire consequences without savvy and knowledgeable representation. Investigative aspects of his legal representation intrigue to him. Often, infractions and procedural mistakes are made by the prosecution: without a thorough and aggressive defense, defendants can easily become another statistic.

George Milner, III

developed a prolific reputation as a trial lawyer at a very young age. He began his career under District Attorney John Vance and proved his courtroom ability from the beginning. Milner tried his first jury trial the first day he was licensed to practice law. Milner faced the legendary Randy Taylor in that trial, which lasted more than a week. In the end, Milner won. He continued this hard hitting approach and had no fear of trying the hard cases. In early 1994, Milner left the District Attorney’s Office to join his father, George Milner, Jr., and began defending those accused of the same offenses he’d prosecuted. Ironically, Milner was hired to represent some of the same people he’d prosecuted. One stated, “It didn’t take me long [in the first trial when you prosecuted me] to realize I needed you as my lawyer.” During his tenure as a prosecutor, Milner developed close friendships with many law enforcement agents. They liked his aggressive courtroom style. And, as has been the case, many officers themselves came under criminal accusation. A saying became well known in the law enforcement community, “If you’re in trouble, call Milner.” Now, over eight years later, Milner has represented approximately two dozen state and federal law enforcement officers. And, with one exception, every single case resulted in either acquittal, dismissal or a No-Bill by the Grand Jury.

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Chris Knox is a young, talented criminal defense attorney practicing in the Dallas, Texas area. Before returning to the DFW and earning his law degree, he attended the University of Texas at Austin where he majored in History with a focus on African-American Cultural Studies. Chris began his legal career as a prosecutor at the Dallas County District Attorney’s Office. After leaving the District Attorney’s Office, he opened The Knox Firm to pursue his passion of defending individuals who have been charged with criminal offenses or may be the subject of a criminal investigation. As a criminal defense attorney, Chris quickly gained a reputation of aggressively representing his client’s interests while exhibiting the highest level of professionalism, integrity and honesty in his dealings with the prosecuting attorneys and the members of the judiciary. He takes pride in the personal & emotional investment he and his team make in every case they accept.

Krisi Kastl founded Kastl Law, P.C. to help those with personal injury claims in Texas. For years, Kastl Law has been the lifeline that victimized parties needed to recover maximum compensation for their injuries. Making a difference in the lives of her clients has always been her main goal. Krisi has many years of courtroom experience as a Dallas trial attorney and has covered a wide variety of cases, including catastrophic motor vehicle accidents, motorcycle wrecks, truck wrecks, premises liability, wrongful death, and products liability. Ms. Kastl has earned the respect of her peers and insurance companies and the gratitude of the clients she represents. Krisi is a no-nonsense attorney who is proud to be the voice of the victims against big insurance companies that attempt to use intimidation to unfairly get out of accepting responsibility for their insured’s wrongdoing.

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Maria “Marifer” Aceves

is a civil litigation attorney focusing on personal injury, civil guardian ad litem work, and mediations. She has successfully litigated and resolved numerous cases for her clients. Prior to starting her own firm, Ms. Aceves did defense work for several years at a prominent defense firm, worked at an excellent boutique catastrophic injury firm and interned for a well-known civil judge in Dallas County. Ms. Aceves’ results range from successful trial verdicts to a six figure settlement of a slip and fall case against a corporate Defendant in federal court. Ms. Aceves’ areas of practice include traumatic brain injuries, motor vehicle accidents, trucking and 18-wheeler accidents, pedestrian accidents, premises liability, products liability, dog bite injuries, and wrongful death cases. Ms. Aceves also recently completed 40 Hours of Basic Mediation Training and received a Mediation Certificate from Manousso Mediations. Her mediation practice focuses on Spanish-speaking personal injury, premises liability, commercial, real estate, and employment cases. What sets Ms. Aceves’ firm apart is that she is truly dedicated to helping her clients. Her dedication to her clients has been recognized time and time again.

Sean Chalaki, is the founder of Chalaki Law, P.C. I founded this firm on one simple principle; I love to help! We know that you have many options when seeking representation for your personal injury case, but we believe that Chalaki Law, P.C. is the firm for you because of commitment to ensuring the best possible outcome for our clients. Every case we sign up goes through an extensive investigation process in which we gather all the evidence necessary for trial. Ninety percent of the personal injury cases we take on never actually make it to trial, but we are prepared and committed to fight for you. After all, you are trusting us with your life, and we appreciate the opportunity.

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George E. Ashford III

graduated from Texas A&M Commerce in 1981 and immediately enrolled in law school at the University of Houston Three years later in 1984 he earned his Doctor of Jurisprudence degree from the University of Houston. While in law school Mr. Ashford worked for a law firm where he gained experience handling all types of cases including criminal,family ,civil, and bankruptcy. In 1985 he moved back to Dallas and realized that criminal defense was his true passion. Since 1985 Mr. Ashford has gradually stopped handling other types of cases and concentrated on defending individuals charged with crimes in Dallas and it’s surrounding counties. This representation begins with young people between the ages of ten and sixteen who are charged in Juvenile Court. It also includes adults who are charged in County Courts of misdemeanor offenses such as theft, DWI, marijuana possession, and theft. Finally, this representation also involves individuals charged with serious felony cases in District Courts such as capital murder,murder,drug possession,etc. Serious felony cases are dealt with in both State and Federal Courts. No case is too big and rarely is a case too small for the law office of George E. Ashford III.

Alexandria Risinger

is a trial attorney with diverse civil litigation experience. She has been recognized for her work with such honors as the Million Dollar Advocate and the Multimillion Dollar Advocate. Her verdicts have placed in Texas’ Top 100 Verdicts in 2016 and 2018. She is a Power Attorney (’17) and Rue Ratings’ National Outstanding Young Lawyer (’17). She is a member of the Dallas Association of Young Lawyers Trial Skills Committee, Dallas Trial Lawyers Association and Texas Trial Lawyers Association.

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Elizabeth “BB” Sanford,

Born and raised in Dallas graduated from Baylor University with a Bachelor of Arts in International Studies, a Masters in Divinity from Baylor University George W. Truett Theological Seminary, and a Juris Doctor from Baylor University School of Law. BB was the first person at Baylor to graduate with a joint Divinity and Law degree. Before attending law school BB served as a music and youth minister. Her heart has always been on the side of justice and individual civil rights. She is proud and feels called to represent workers who are wrongfully terminated. BB has tried numerous jury trials and arbitrations to verdict. In her free time, she enjoys playing fetch with her dog, traveling, and cheering on the Baylor Bears.

Chad Ruback success can be attributed to the fact that he has limited his practice to handling appeals and trial court motions likely to be at issue on appeal. After receiving degrees from U.T. and S.M.U., Chad served as a briefing attorney to the Fort Worth Court of Appeals. Since the time that Chad completed his service as a briefing attorney at the Court of Appeals, he has been amassing experience representing both plaintiffs and defendants on appeal, regardless of whether they won or lost at trial. He has also dedicated himself to drafting trial court motions with an eye to winning at trial . . . and having those wins be upheld on appeal. Before opening his own appellate law firm in 2005, Chad practiced appellate law at a medium-sized law firm and at a large law firm. Chad has written articles that have been published in the Dallas Bar Association Headnotes, the Dallas Business Journal, the Texas Lawyer, The Appellate Advocate (the journal of the State Bar of Texas Appellate Section), The Dicta, and The Texas Lawbook.

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Ramez F. Shamieh

is recognized as one of the premier trial lawyers in Texas and Louisiana. He specializes in catastrophic injury, 18 wheeler collisions, wrongful death cases, and breach of contract disputes. He has built a trial practice that consistently wins in the courtroom. For nearly a decade, Ramez Shamieh has tirelessly devoted his life to helping clients obtain the results they deserve. Ramez has helped hundreds of clients obtain millions in settlements and verdicts. As a result of his work ethic, aggressiveness, and success in the courtroom, several organizations have recognized Ramez as a leader in the legal community. Mr. Shamieh has been invited to join two prestigious attorney networks: the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum.

Clay Jenkins

is a Dallas County resident. He attended public schools in Waxahachie and is a 1982 graduate of Waxahachie High School. He continued his education at Baylor University and obtained a legal degree from Baylor school of Law in 1987. He served as briefing attorney to the late Hon. Oscar H. Mauzy, Associate Justice, Texas Supreme Court, from 1988 to 1989. In 1989, he returned home to work with his father, Warwick H. Jenkins who founded the firm in 1948 and practiced until his death in 2001. Clay began his practice as a general practice attorney handling all types of trial matters. For the last ten years, his practice has been limited to plaintiff’s personal injury and commercial litigation.

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E. Leon Carter, founding partner of Dallas trial boutique Carter Arnett, PLLC, has been honored as the 2019 Trial Lawyer of the Year by the Dallas Bar Association. He is profiled on the first page of the July 2019 issue of the Dallas Bar Association’s Headnotes in the article, “Leon Carter Honored as 2019 Trial Lawyer of the Year.” Carter, who was raised as one of five children in Carthage in East Texas, is well known not only for his extremely effective courtroom advocacy but also for his generosity and community service. Carter’s more than 30 years of trial experience spans the Texas Attorney General’s Office, the Dallas District Attorney’s office, a partnership in the litigation section of Jackson Walker, and ultimately the founding of his own firm. He has tried more than 100 jury trials in both state and federal court, and his diverse client base includes corporate giants, mid-sized and smaller businesses, governmental entities, and individuals. Additional information about E. Leon Carter and Carter Arnett PLLC is available at www.CarterArnett.com.

Larry Taylor,

oversees our Mass Torts, Criminal, Employment and Civil Rights practice areas as well as leads our community involvement efforts. While Larry is active daily in Mass Tort litigation he continues to play a role in client communications, and those cases that involve everyday folks. He is an active coach in youth sports and sits on a number of diverse community stakeholder entities. Between growing up in Duval County Florida and Harris County Texas (3rd Ward, Acers Homes, Greenspoint) and raising his kids in rural Texas, Larry has gained an appreciation for those who struggle for a sense of fairness. From the client in urban America seeking to be heard, to the small town rural American wanting fairness, it all resonates with Larry's need and desire to fight for them. Having once needed a lawyer to represent him against a goliath of a corporation, he understands the complexities and care needed to make sure his clients are informed and made comfortable during the most vulnerable time of their lives.

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Nicole Taylor, oversees

our transaction and governmental entities practice. She also participates in our litigation group. Nicole is an industry expert in Texas real estate law and public housing law. Nicole believes that everyone should have equal access to quality legal representation. Her father died in a horrible traffic accident when she was only two years old. He was struck by a commercial trucking company’s driver. Her grandparents were poor and unsophisticated in legal matters. The system should have protected them from the corruptible coercion of the trucking company’s insurance company and legal counsel. A healthy, strong 26-year-old’s life was only worth $5,000 in 1971. Nicole's 'why' is for him and her family. Her mission is to use her knowledge and will to fight and make sure this atrocity never happens again.

Bryan Pope, handles cases where someone is hurt because someone else did something careless or unsafe. He is an expert on injuries that cause Complex Regional Pain Syndrome. He also handles car, truck and motorcycle wrecks and injuries caused by some type of unsafe or defective condition on someone’s property. Bryan's dad is a southern preacher. Bryan watched him help people through tough times and wanted to find his own way to do the same.……..………………………………………. He also loves history and politics. This gave him a strong belief that everyone should have the same right to justice. This includes having the right to trial by jury and giving a voice to those in need. To Bryan, lawyers are counselors in every sense of the word. They defend the rights of their clients. They also counsel them through life changing events and grief. Bryan firmly believes that empathy is one of the most important characteristics of a compassionate trial lawyer.

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Depending on the case’s judgment, the plaintiffs may receive awards for harmed people with many benefits, such as financial compensation. While class allowing large groups of similarly affected action lawsuits may include many people to come together and file a lawsuit plaintiffs, that does not stop each against the same company. This provides member from receiving damages. For strength in numbers for all of the people instance, in the Camp Lejeune water harmed, typically by large corporations, or contamination lawsuit, the victims What Are the Benefits of businesses that have a vast reach. can receive monthly compensation up Class Action Litigation? to $3,000, depending on their disability rating and other factors. Veterans When you pursue litigation during a class These types of lawsuits support individual who experienced the most serious action lawsuit, it will not cost you nearly claimants who would otherwise not have the disabilities can also receive extra as much as if you attempted to file an means to pursue a claim on their own. But monthly compensation. individual claim. That is because all of the when groups of people harmed by the same company come together and file as one group, plaintiffs are splitting the costs equally. they have the opportunity to hire an attorney This helps to cut costs for all parties. When looking into financial compenPlaintiffs will likely also pay on a continto seek justice from the negligible party. sation, it is important to consider gency fee basis, which means there are no when to sue the business with your fees unless you win the case. fellow plaintiffs. That is because there

Class action lawsuits provide

What Is a Class Action Lawsuit?

When a group of people who have been injured in a similar manner file a single lawsuit to seek compensation as a group, this is known as a “class action lawsuit.” You may also hear these types of cases referred to as “multi-district litigation” or “mass tort litigation.” Often, these cases are filed against manufacturers whose negligence caused injuries to consumers.

There are many ways you can benefit from a class action lawsuit, and working with class action lawsuit lawyers can make this daunting process far more manageable.

After you spend thousands going up against a large company, your claim could end up only being worth a few hundred dollars. Class action lawsuits help victims avoid this risk.

Is a Class Action Lawsuit Worth It? Even in cases with minor damages, it may be worth your time, money, and resources to join a class action lawsuit. If you have minor injuries or other damages from a large company’s negligence, these issues can affect many other people, too. A class action lawsuit can allow you to pursue financial compensation for your damages.

Why Do People File Class Action Lawsuits? Class action lawsuits can give your seemingly small claim more opportunities when combined with other similarly affected people. In turn, class action lawsuits help the courts by not having to hear every single small claim that comes their way. People can file these types of lawsuits for a variety of reasons that cause harm, such as: •

Defective medication

Illegal business practices

Employee discrimination False advertising Breach of contract

• •

is a risk of the company or defendant going bankrupt. You may want to try to join a class action lawsuit sooner than later, as the first group of plaintiffs to file may be the only ones who receive compensation.

Additionally, the cost of hiring an attorney for your lone damage against a large company might not make sense financially.

How Can I Get Compensation with Class Action Lawsuits?

Through class action lawsuits, going to court with multiple plaintiffs fractionOnce you have started a litigation process alizes the cost compared to filing on with the lead plaintiff taking legal action your own. The court will still hear your with your group’s attorney, the road to voice and issues, regardless of how potentially earning financial compensasmall your damages are. You and your tion is easier for you and your loved ones. attorney can begin to consider other affected party members and build a class action lawsuit. Continue next page www.DallaslawyersMagazine.com

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How Do Class Action Lawsuits Work? A class action lawsuit combines many claims into one, making the entire process much smoother and quicker for all parties involved. There will only be one judge operating under one courtroom. During a class action lawsuit, the group of harmed people will assign their lead plaintiff to file the lawsuit on behalf of all party members. This lead plaintiff can also work alongside their lawyer during litigation and can communicate updates back to the entire group. The lead plaintiff, or the class representative, allows the other party members to have a passive role throughout the litigation. This is efficient for the group’s attorney, too, who then only has to communicate with the class representative throughout the litigation.

How Do You File a Class Action Lawsuit? To start or join a class action lawsuit, you will need to have a consultation with a lawyer who specializes in class action law to review your claim. If we determine you have a valid case, we will prepare and file a complaint on your behalf. We will guide you through the settlement process and fight to get you fair and adequate compensation.

How Do you Start a Class Action Lawsuit? To start a class action lawsuit, your personal injury lawyer will file a claim with the court. In your claim, your attorney will formally request that the court certifies the potential claimants in your case as being their own class. Once that happens, other injured parties will be free to join your claim.Read More class actions | Federal Trade Commission (ftc.gov)

An Overview

Because when strictly enforced, the necessary parties rule “would at times unfairA class action is a procedural device that ly deny recovery to the party before the permits one or more plaintiffs to file and court, equity developed exceptions, prosecute a lawsuit on behalf of a larger among them one to cover situations group, or "class". Put simply, the device where the parties are very numerous, and the court perceives, that it will be almost allows courts to manage lawsuits that would otherwise be unmanageable if each impossible to bring them all before the court; or where the question is of general class member (individuals who have interest, and a few may sue for the benesuffered the same wrong at the hands of fit of the whole; or where the parties the defendant) were required to be joined form a part of a voluntary association for public or private purposes, and may be in the lawsuit as a named plaintiff. See Hansberry v. Lee, 311 U.S. 32, 41, fairly supposed to represent the rights and interests of the whole.'” Ortiz, at 83261 S.Ct. 115, 118 (1940). 33 (citations omitted). Put simply, as society revolutionized the common law was Historically, various types of so-called ill-equipped to handle the new claims “representative actions” have existed that followed: “Common law models of “since the earliest days of English litigation that envision one plaintiff sparlaw.” Ortiz v. Fibreboard Corp., 527 U.S. ring with one defendant were not de815, 832, 119 S.Ct. 2295, 2308 (1999) signed to and cannot cope with harm (citations omitted). Class actions, however, experienced by huge numbers of geographically dispersed people.” In re Joint are more a recent invention, created by Eastern & Southern Dist. Asbestos LitigaEnglish courts sitting in equity as “an extion, 129 B.R. 710, 803 (E.D.N.Y. ception to the usual rule that litigation is 1991), judgment vacated, 982 F.2d 721 conducted by and on behalf of the individ- (2d Cir. 1992) (“Asbestos Litigation”). ual named parties only.” Califano v. Yamasaki, 442 U.S. 682, 700-701, 99 S.Ct. 2545, Originally, then, American courts fol2557-2558 (1979). The “usual rule” refer- lowed the example of our British brethren, using their power in equity to avoid enced in Califano is more commonly remultiplicity of actions where numerous ferred to as the “necessary parties rule,” individuals sued a common defendant for and it required that “all persons materially the same legal wrong. In 1842, the Suinterested, either as plaintiffs or defendpreme Court promulgated Equity Rule 48, ants in the subject matter of the bill ought “officially recogniz[ing] representative suits where the parties were too numerto be made parties to the suit, however ous to be conveniently brought before numerous they may be.” West v. Randall, the court, but refused to bind absent par29 F. Cas. 718, 721 (No. 17,424) (C.C.D.R.I. ties to any resulting judgments.” Asbestos 1820) (Story, J.) (italics added). As Justice Litigation, at 804. The Supreme Court explained this new rule as follows: Story explained The reason is that the court may be ena- Read more bled to make a complete decree between the parties, may prevent future litigation Class Action | Wex | US Law | LII / Legal by taking away the necessity of a multiInformation Institute (cornell.edu) plicity of suits, and may make it perfectly certain, that no injustice shall be done, either to the parties before the court, or to others, who are interested by a decree, that may be grounded upon a partial view only of the real merits. Id.

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Many people have found themselves in a scary situation where they are behind on their mortgage payments. You are not alone. When you get behind, you may not know what to do or who to turn to. For this reason, we have developed this stepby-step guide to give you the knowledge you need to move forward confidently.

Step One: Evaluate Financial Situation

Your

When you are behind on your mortgage, it is important to take a moment to analyze your financial situation. You should consider why you were unable to make the payments you missed. Was there an unanticipated expense that occurred in the past few months? Has there been a change in your household’s income? Can you catch up on your past due amounts? Will you be able to make your future mortgage payments as they become due? These are some questions to think about. If you are able to bring your loan current, you should do so right away. If you are unable to bring your account current, you need to go to Step Two.

Step Two: If you want to keep your home, apply for a loss mitigation option. Once you have evaluated your financial situation, you should contact your bank immediately. A representative from your bank should be able to provide you with the options they have available to address the problems you are facing with

your mortgage.

Depending on your

situation, some of the following options or combination of options may be available from your bank:

Loan Modification:

A loan modifica-

tion is a long-term solution to meeting your financial needs. A loan modification will modify your current mortgage by reducing your monthly payments through a change in your interest rate and/or extending the term of your loan.

Forbearance:

Reinstatement:

A reinstate-

ment is a way for you to pay the past due balance of your mortgage and bring your account current. Once your mortgage account is reinstated and the past due balances are paid, you will continue your regular monthly mortgage payments.

Repayment Plan:

A repay-

ment plan is a way for you to spread the amount you owe over a period of time. In a repayment plan, you pay your monthly mortgage payment in addition to the monthly past due amount under your plan. If you apply for a loan modification or another loss mitigation option and it was approved, great! You can get back on track.

A forbearance agree-

ment is a short term solution to bring your mortgage account current. A forbearance agreement is an agreement between you and your lender to reduce or suspend your monthly payments for a set amount of time. The lender will agree to delay foreclosure proceedings during this time, but you will eventually have to catch back up on the payments. www.DallaslawyersMagazine.com

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How many cases have you represented that were similar to mine? Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example.

Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation? Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

very well be handled by someone Lawyers will often provide a free or very low-cost consultation to discuss the details of your situation and give you an opportunity to ask some basic questions about the attorney. This meeting should not only help you decide whether to go forward with a lawyer in general, but also whether you should proceed with this lawyer. If you later decide to hire the lawyer, you will go into a more detailed discussion of your case and ask more specific questions along the way. Generally speaking, you'll want to have a list of questions in mind to ask during the meeting. Also, you should feel comfortable enough asking questions that relate to the lawyer's expertise, experience, fees, special knowledge, and management of the case. Below are ten questions to ask your potential lawyer.

How long have you practiced law? At a minimum, you'll want to know about the

lawyer's expertise

and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may

who is fresh out of law school, (or not). It all depends.

What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)? You'll also want to know about a lawyer's expertise and how much of the attorney's practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases.

Who is your typical client? This is an important, but oftenoverlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients. This is because there may be different issues a lawyer is used to factoring when working with high net-worth individuals vs college students.

What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs. This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

What is your approach or philosophy to winning or representing a case? This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you. Similarly, if you're looking for an aggressive attorney to handle an upcoming corporate merger, for example, you'll want someone who isn't afraid to push the envelope, so to speak.

Are there others ways for solving my legal problem? Go ahead. Ask the professional whether there are any alternatives for solving your legal problem, such as through arbitration or some other out-of-court arrangement. A good attorney will generally inform you if your case can be handled through other less expensive and time consuming means.

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If ARESSTED PLEASE

TAKE NOTE OF THIS ADVICE. A wide variety of people are arrested every day and the majority of the individuals make the same mistakes which make there situation even worse. Many of these reactions are understandable; however, some defy logic and reason. Nobody plans on being arrested, but you may be arrested for simply being in the wrong place at the wrong time. Share this with your colleagues, friends and family because it will come in handy for many of you. The basic rule is to simply listen to the officer and do as your told, “Put Your Hands Behind Your Back” and do NOT do any of these Ten Things

read to the Jury called “consciousness of guilt” whereby the Jury is told basically “guilty people run, innocent people don’t”. Also, police become highly suspicious that someone running has a weapon and may be quick to draw their weapon.

NEVER RESIST ARREST. Perhaps the most important thing not to do is touch the police officer at all! Follow what the officer says. Fight your case, not the officer.

DON’T RUN. I said above to listen to the officer and follow his/her instructions. If you run, not only could there be additional charges, but if the case goes to trial, then the Government may be able to get a special Jury instruction which would be

NO SEARCHING. Do not allow the police to search anywhere! If the police officer asks, they do not have the right to search and must have your consent. If you are asked make sure you proclaim to any witnesses that “You (the police) do not have consent to search.” If they perform the search anyway, that evidence may be thrown out later. Also, if you consent to a search, the officers may find something that you had no idea you or someone else had placed there, i.e., marijuana left by a friend.

DON’T LOOK AT PLACES WHERE YOU DON’T WANT POLICE. Police are

DON’T TALK. Do not say a word to the officer. You have a right to remain silent – take advantage of it. I cannot stress to you the importance of this rule. Do not talk! Do not attempt to convince the officer of your innocence. Everyone is innocent, no one should be arrested and no one should be in jail and that is all the officer hears all day every day. He/she does not care generally whether you are innocent or guilty and there is nothing that he / she can do at this point. Most times, when people speak to officers they say something that makes their situation far worse. Keep your mouth shut; there will be plenty of time to talk later.

DON’T BELIEVE THE LIES! It will only be easier for the police to prove their case.

You will lose a fight against an officer. Many people attempt to bump the officer or swat an officers hands away. This often becomes over-reported by the officer and the swatting becomes hitting which falls under the assault statutes and now a minor.

DON’T BELIEVE THE POLICE – THEY LIE. It is perfectly legal for the police to lie to get you to make an admission. In fact they are trained to lie to you to get the confession. It is called the Reid Technique where you lie about having witnesses or video tape or fingerprints or DNA. The police frequently separate two friends and tell one the other one “ratted” him/her out (i.e., told on you). Because of the lie, the other friend now rats the first friend out. Police and detectives also state that “it will be easier” to talk now… LIES!!!

trained to watch you and react to you. They know that you arenervous and scared and many people look to the areas that they don’t want the police to search. Do not react to the search and do not answer any questions. LOOK DOWN AND KEEP YOUR MOUT.

IF POLICE COME TO YOUR HOME, DO NOT LET THEM IN AND DO NOT STEP OUTSIDE. If the police are confident you have committed a felony, they are coming in anyway, because they generally don’t need an arrest warrant. Make it clear to the police by stating: “No you may not come in”, or “I am comfortable talking right here”, or “You need a search warrant to enter my home.” If they return, your attorney can arrange for you to turn yourself in should that be necessary and you will spend no time in jail between the hearings. Read more www.DallasLawyersMagazine.com

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Dallas Lawyers Magazine 2021Annual Event Recognizing Dallas County Judges

Judge Tonya Parker Al Green , DLM Publisher

Retired Chief Justice Carolyn Wright Sanders

Judge Tonya Parker

Retired Chief Justice Carolyn Wright Sanders Judge Monica Purdy

Attorney Larry Taylor Attorney Bryan Pope

Group Photo

Attorney George Milner &

Mr. Antonio Joubert Judge Shequitta Kelly Joubert

Awards Recipients

Attorney Krisi Kastl Attorney Sean Sullivan

Attorney Krisi Kastl Attorney Sean Sullivan

Judge Monica Purdy

Judge Angel King Presented by David Wells

Judge Andrea Martin Lane Mr. Absalom Lane

Judge Monica Purdy Judge Jennifer Bennett

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The Green & Green Co

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