Comments on: Don't Mess With Texas (at least not its lawyers): Is there no such thing as bad publicity?

By: Elaine Martin

Elaine Martin — Sat, 29 Aug 2009 23:19:03 +0000

I am an attorney in Texas and I was once deposed by a lawyer who behaved like that. It was pitiful. I had no respect for him, especially when his bullying tactics didn’t work on me and he got more and more frustrated.

By: Gyi Tsakalakis

Gyi Tsakalakis — Sat, 29 Aug 2009 23:18:25 +0000

Michael,

Thanks for the comments. While Mr. Jamail may not “advertise” these deposition clips, I think you would agree that “one’s” “litigation-style” contributes to their reputation, and consequently, their “marketing”.

I certainly did not intend to imply for a second that Mr. Jamail is not a highly qualified, respected, and successful attorney.

Further, I have no reason to doubt (and certainly did not mean to imply) that Mr. Jamail isn’t a kind, wise, and genteel human being.

The point that I intended (and, based on your comment, perhaps failed)to make was that lawyers who do intentionally use this “style” often sacrifice more than they gain.

Thanks again for the comment.

By: Michael J. Smith

Michael J. Smith — Sat, 29 Aug 2009 23:18:04 +0000

Having had the privilege as a young lawyer to be co-counsel with Mr. Jamail, I must correct what you are referring to as “lawyer marketing.” Joe doesn’t market using these deposition clips and other stuff. In fact, if you look in the Houston phone book, Joe doesn’t have an ad – just a simple directory listing with a phone number. He doesn’t like advertising by lawyers – just not his style. And as for his techniques, Joe is a trial lawyer and makes no bones about his tough style. But he is also one of the kindest, wisest, and most genteel people in the profession.

I learned a great deal working with Joe for a year and a half or more – I learned many deposition skills from him and how to craft your case, theme, and arguments to be persuasive and effective. So while you may not agree with the snippet of his work you see in this video, don’t cast aspersions at him until you take the time to meet and understand the man.

In fact, the ABA Journal, March 2009 issue, features Joe and six other great trial lawyers in its feature “7 over 70 – Lions of the Trial Bar.” I would encourage you to read it and learn a little more about Joe and the other great trial lawyers.

By: Michael Neff

Michael Neff — Sat, 29 Aug 2009 23:17:31 +0000

This deposition conduct is very unfortunate. The speaking objections and other obstructive conduct is barred by the federal rules of civil procedure. In Georgia, we have some positive case law citing the federal rules. Unfortunately, it usually takes a lot of time and effort to reach a Judge.