| Volume 42 Number 4 |
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The People’s Lawyer’s Tip of the Day
The Texas Deceptive Trade Practices Act requires full disclosure by sellers. If a seller intentionally withholds material information, he could be responsible for three times the consumer's damages, plus court costs and attorney's fees. Click here for more.
Tips About Layaway Plans
If you're like most consumers, you'll be shopping on a budget this holiday season. Layaway plans can look enticing for some big ticket items, but remember to do your homework. Be sure to get the merchants layaway policy in writing and keep a record of all payments. Is layaway right for you? Click here for more.
House Passes Health Care Bill
After months of national debate, the House of Representatives have passed a landmark health care bill. The 1,990-page, $1.2 trillion legislation narrowly passed the House by a vote of 220-215. The bill will not go to the Senate for debate. What do you need to know about the bill? Click here for more.
Phone Wars: Droid v. iPhone
Are you in the market for a new phone? Although the iPhone continues to dominate the market, Motorola has stepped up with its latest smartphone. According to Motorola advertisements, The Droid can do everything the iPhone can't. How do these impressive phones really match-up? Click here for more.
Toyota / Lexus Acceleration Recall
Toyota recently recalled floor mats in several Toyota and Lexus brand vehicles. According to the recall report, the floor mats occasionally resulted in unintended vehicle acceleration. Consumer Reports has followed up on the recall with a series of tips on how to safely regain control of your car should unintended acceleration happen to you. Click here for more.
Your Money
Will this renovation project pay off? See how common projects can add value to your home! Click here for more.
For the Lawyers
Legal malpractice plaintiffs may recover attorney’s fees paid to correct lawyers mistake. The Texas Supreme Court held that legal malpractice plaintiffs may recover money they had to spend on attorney’s fees arising out of the underlying lawsuit. The court noted, “We see little difference between damages measured by the amount the malpractice plaintiff would have, but did not, recover and collect in an underlying suit and damages measured by attorney's fees it paid for representation in the underlying suit, if it was the defendant's negligence that proximately caused the fees….” "In both instances, the attorney's negligence caused identifiable economic harm to the malpractice plaintiff. The better rule, and the rule we adopt, is that a malpractice plaintiff may recover damages for attorney's fees paid in the underlying case to the extent the fees were proximately caused by the defendant attorney's negligence," Click here for more.