Articles Posted in Blog

by Michael F. Pezzulli

couple meeting with lawyerAttorney-Client Privilege in Civil Litigation, 2nd Edition 1997 – American Bar Association

Analysis of the attorney’s obligations and rights relating to attorney client privilege when sued. Attorneys operate under a broad ethical mandate not to disclose client confidences. This ethical obligation can apply to communications made prior to the establishment of an attorney-client relationship and survives the death of the client. It is broader than the attorney-client evidentiary privilege. As incorporated into virtually all codes of professional responsibility, there is an exception to the rule allowing an attorney

man holding house keys
By Michael Pezzulli

Business and Consumer Litigation Practice Skills Course presented to The State Bar of Texas, June 2016

Texas is extraordinarily lender-friendly when compared to other states. The ease with which a lender can gain title to a borrower’s real estate through nonjudicial foreclosure in Texas is unrivaled.

dark shadows on wall
By Michael F. Pezzulli

Discussion of the U.S. Supreme Court decision relating to concurrent jurisdiction in Racketeer Influenced Corrupt Organizations (RICO) claims. Presented to Dallas Bar Association, Business Litigation Section.

Federal courts are turning increasing attention to the continuity of the pattern of racketeering activity. The United States Supreme Court unanimously ruled in a 1990 case that state courts have concurrent jurisdiction over RICO claims.

holding a burning match next to photograph
By Michael Pezzulli and Charles J. Fortunado

Advanced Evidence and Discovery: Presented to the State Bar of Texas

An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use – or attempt to use – discovery and claims of privilege as both a sword and a shield.

pen and paper
By Michael Pezzulli and Charles J. Fortunado

How to admit or exclude evidence in Texas litigation when not disclosed to the client in a timely manner: Advanced Evidence and Discovery Course presented to The State Bar of Texas.

An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use or attempt to use discovery and claims of privilege as both a sword and a shield.

judge's gavel
by Michael Pezzulli

How to defend against and prosecute foreclosures of real property in the State of Texas: 4th Annual Advanced Creditors’ Rights Course presented to The State Bar of Texas

This paper will address real property foreclosures and deficiencies under Texas law as compared to other states. Mention is made of the developing trends in this area as well as the current rules concerning non-judicial foreclosures and resulting deficiencies. Judicial foreclosures on real property are not discussed inasmuch as few lenders invoke the assistance of the Court when they can recover the property by trustee’s sale on the courthouse steps without so much as filing a petition in court.

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