HBC Trial Team Obtains Precedential Ruling From Court of Appeals
HBC partner Austin Champion and associate Ben Jones obtained a conditional writ of mandamus after the Dallas Fifth District of Texas Court of Appeals overturned a lower court’s ruling that HBC’s client, Steven Topletz had to turn over evidence of attorneys’ fees in post-judgment discovery. This is the first time a Texas court has held this rule.
The court agreed with HBC that the attorneys' fee evidence is privileged and not subject to discovery, explaining, “such information is not discoverable if it invades the attorney’s strategic decisions or thought processes.” The court held that the evidence was not discoverable "as a matter of law."
The court further stated that a “dramatic increase in mid-litigation spending could imply an upcoming filing or significant research expenditures related to elevated concerns over recent litigation events.”