Harris County Court

Judge Fredericka Phillips Benchslap in Apr. 2021 Results in Reversal of $2M Attorney Fees in July 2021

This result, after dining with the law firm of Ahmad, Zavitsanos & Mensin the day before issuing her $2m attorney fees award to the same firm.

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HOTZE, DAVID vs. IN MANAGEMENT LLC 

(Court 234, JUDGE LAUREN REEDER)

JAN 8, 2023

BUT LIT QUESTIONS THE REASSIGNMENT ON REMAND FROM COURT 61 TO COURT 234, JUDGE LAUREN REEDER PRESIDING

That stated, there’s been no movement on the docket since docketing of the Court of Appeals opinion in 2021.

John Zavitsanos is a highly regarded trial lawyer who loves trying cases and loves winning. He has achieved success for a multitude of clients – both defendants and plaintiffs, from big energy companies to lone whistleblowers battling the odds.

He has tried almost 100 cases to verdict in litigation that runs the gamut: financial services, oil and gas, construction, complex commercial disputes, director and officer liability, non-compete and trade-secret disputes, real estate development, and defamation/business disparagement. He is the primary author of O’Connor’s Texas Rules * Civil Trials 2018-2022, the premiere civil trial rules guide for Texas lawyers and judges.

He has learned from every jury trial by surveying the jurors after the case and learning what conventional wisdom has outlived its usefulness. That’s a lot of input, since even just he has tried more than a dozen cases in the last few years.

And his willingness – delight, actually – at trying a case with confidence has impressed numerous heavyweight clients. As one happy customer put it, “I find that many large law firms are willing to capitulate too quickly and pressure me to settle too soon.” He said he knows that Mr. Zavitsanos is “serious about going to trial.”

Mr. Zavitsanos’ considerable talents have been recognized by every possible legal rating service. For 18 consecutive years, he’s been listed by Best Lawyers in America. He’s recognized for his General Commercial Litigation work in Texas by the highly respected Chambers USA: America’s Leading Lawyers for Business, published by London-based Chambers and Partners. He was also named a Benchmark Litigation Star in 2016-2022. And he is a Litigation Counsel of America Senior Fellow. And he was named a Lawdragon 500 Leading Plaintiff Financial Lawyers in America for 2021 and 2022 with a focus on commercial litigation, intellectual property, and securities.

He has achieved the highest possible peer rating, AV Preeminent, by Martindale-Hubbell, the premier legal directory, for his Business Litigation practice. He’s been named by his peers as one of the top 100 Texas Lawyers on the annual Texas Super Lawyers list for the past eleven years. He was recently featured on the cover of Texas Super Lawyer magazine as one of only a handful of lawyers in Texas to be named a Super Lawyer every year for the past 20 years. He is board certified in civil trial law by both the Texas Board of Legal Specialization and the National Board of Trial Advocacy, an accomplishment held by less than 2 percent of all practicing lawyers in the state of Texas.

Judge Fredericka Phillips’ lack of judgment

MAY 12, 2021 | REPUBLISHED BY LIT: JAN 8, 2023

Honi soit qui mal y pense. Shame on those who see evil there.

Does the repairman’s bill seem inflated? Shame on you for challenging his integrity!

Does the referee seem to favor the opposing team? Shame on you for questioning his impartiality!

Is your spouse spending lots of time with a cute co-worker? Shame on you for thinking what you’re thinking!

Hmm. It might be nice to think the best of people at all times, and it’s certainly reasonable to give them the benefit ofthe doubt until you know better, but that honi so it stuff seems kind of naive at times.

After all, some repairman pad bills, some refs play favorites, and some spouses cheat.

Just because it looks like that’s what they’re doing doesn’t mean that they are; but the way that it looks is, in and of itself, a problem. Which is where the whole idea of “avoiding the appearance of impropriety” comes from. If it looks like you’re doing something improper, someone’s liable to think that you are. So, don’t do that thing.

This sensible rule applies even more so to people who hold a public trust. It’s not a good idea for them to do anythingthat leads the public to question their trustworthiness. Judges, especially. After all, judges are supposed to have judgment, and they should expect to beheld to a standard at least as high as what they impose on others.

Judge Fredericka Phillips of the 61st Judicial District Court in Harris County has failed in this regard.

After presiding over a case that resulted in a jury verdict for the defendants, she attended a celebratory luncheon with the law firm representing one of the defendants and then awarded the firm $2 million in attorneys’ fees. The State Commission on Judicial Conduct issued awarning to her last month.

Did Judge Phillips do something wrong? We don’t know, but it sure doesn’t look good, and that in itself is a problem. So, is it shame on us or shame on her?

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Judge Fredericka Phillips Benchslap in Apr. 2021 Results in Reversal of $2M Attorney Fees in July 2021
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