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| In
the city of Dallas there is no more successful firm in the area of legal
malpractice than Johston Tobey, P.C.. Some are confused by what legal
malpractice is; that's understandable. The fact that a lawyer loses a
lawsuit does not prove legal malpractice. In most legal matters -- especially
those that go to trial or arbitration -- one side wins and the other loses.
Johnston Tobey, P.C. is well known for representing clients having legal malpractice claims. An effective legal malpractice claim must prove four elements: 1. There was a breach of that duty by acts that were not those of a prudent attorney. 2. The defendant/attorney had a duty to the client, usually arising from an attorney/client relationship. 3. The breach of duty by the attorney caused you injury. 4. Damages were incurred because of that injury. In civil trials, those damages are usually monetary; in criminal cases, they may result in a wrongful conviction or a longer-than-necessary period of incarceration. Johnston Tobey also handles disputes over legal fees and the defense of grievance claims against attorneys. |
| SELECT LEGAL MALPRACTICE ACCOMPLISHMENTS Coghill v. Bear Stearns Stockbroker and securities fraud, $7.5 million dollars awarded in arbitration. Insurance Company v. Utility Company (confidential) $5 million recovered for insurance company from gas company for damages to insured oil refinery. Dean Witter v. Larry Wilson, et al, arbitration award of $750,000.00 for brokerage firm against departing broker/Branch Manager for raiding. Houston General v. Jackson Walker: $3,700,000 verdict for legal malpractice (set aside by trial court, but reversed on appeal). Dallas Based Industrial Company v. Major Dallas Law Firm (confidential) settlement for approximately $1,750,000.00. Avi Dan v. Altman Nursing $1 million arbitration award for an Israeli citizen vs. a U.S. corporation for breach of stock purchase agreement; also successfully defended client from usury claims by the corporation of more than $2 million. Client v. Major Dallas Law Firm (confidential) settlement of a legal malpractice/real estate joint venture dispute for $2,450,000.00. Dallas Based Industrial Company v. Major Dallas Law Firm. $1.7 million confidential settlement. Dean Witter v. Larry Wilson, et al. $750,000 arbitration award against departed broker/branch manager for raiding.Freeman v. Upjohn. $2.1 million verdict was first plaintiff’s verdict on product liability and negligence involving sleeping pill Halcion; reversed on appeal.Houston General v. Jackson Walker. $3.7 million verdict for legal malpractice; set aside by trial court; reversed on appeal.Investors v. National Brokerage Firm. Confidential settlement of Limited Partnership fraud claims for over $10 million.James v. Meinke. Nation’s first plaintiff’s verdict in civil RICO; upheld on appeal.Mexican Nationals v. National Brokerage Firm. Confidential settlement of stockbroker fraud claims for over $4 million.State v. Banda. Successful pro bono habeas corpus proceeding, securing new appeal for death row inmate; appeal unsuccessful.STB v. Micron. $3.2 million jury verdict, the largest verdict in Idaho Federal Court at the time; set aside by trial court; reversed on appeal.Dallas Based Manufacturing Company v. Dallas Based Law Firm $1.9 million settlement for legal malpractice.British National and Dallas Based Real Estate Partnership v. Dallas Based Real Estate Promoter Confidential settlement of real estate fraud claims for $2.2 million.British National and Local Real Estate Company v. Dallas Based Law Firm Confidential settlement of legal malpractice claims for $2.45 million. |