Services

Litigation -  Insurance -  Arbitration -  Mediation -  Summary Jury Trial -  Education -  Legislation - Administrative Procedures  

LITIGATION

  The primary focus of our law practice is litigation and legal advice relating to insurance matters. Our litigation practice typically involves commercial disputes; personal injury litigation; insurance litigation and consumer litigation. We represent large, regional, and local insurance companies; businesses and the self-insured that range from national companies to local enterprises to individuals. We have decided to concentrate our efforts in areas that we know best and to not attempt to represent clients in connection with legal matters that we do not have the highest level of experience.

  When our clients are in need of legal services that are beyond the scope our practice, we are able to refer them to attorneys who possess expertise in those fields. To that end, Mr. Johnston was instrumental in founding the Texas Lawyer Network. The Texas Lawyer Network includes attorneys who are known for areas of expertise that Johnston Legal Group PC does not have. These areas include tax; patent and trademark; family law; estate planning, etc. Please see the portion of our website relating to the Texas Lawyer Network for further information.

Insurance

 Johnston Legal Group PC has an extensive insurance law practice. This practice includes:

• Coverage opinions;

• Claims analysis;

• Legal advice concerning claims investigations;

• Conducting examinations under oath;

• Providing legal advice relating to claims determinations;

• Insurance claim litigation;

• Bad faith/extra contractual litigation;

• Expert testimony/litigation support;

• Appraisals.

Banking/Financial

 The firm represents banks and financial institutions in connection with a variety of legal matters including:

• Banking litigation;

• Security interest evaluation and documentation;

• Insurance evaluation;

• Foreclosures;

• Bankruptcy litigation;

• Certification and collection of out of state judgments.

Employment Law

 The firm has an extensive practice in the field of employment law that includes:

• Employment litigation/arbitration;

• Evaluation of employment practices;

• Employment contracts;

• EEOC claim responses;

• National Labor Relations Board Arbitration.

Product Liability

 The firm represents manufacturers in connection with products liability claims arising from allegations of product failure, product design and product warnings.  These services include:

• Product liability litigation;

• Consumer product safety commission interaction;

• Completed operations (products liability) insurance evaluation.

Consumer Law

 The Firm represents retailers in consumer law issues. These include:  

• Consumer litigation;

• Response to deceptive trade allegations;

• Lemon Law administrative litigation;

• Construction disputes;

• Consumer automotive disputes.

Personal Injury

 The firm has been involved in high profile personal injury cases for many years. These cases involve:

• Vehicular accidents;

• Trucking accidents;

• Motorcycle accidents;

• Premises injuries;

• Construction site accidents;

• Injuries to children;

• Animal attacks.

Estate and Disability Planning

• Wills

• Trusts, including Revocable, Irrevocable, Inter Vivos, Tesamentary and Special Needs Trusts

• Medical and Health Care Power of Attorney

• Durable General and Special Power of Attorney (for property)

• Revocation of Power of Attorney

• Release under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA Release")

• Advance Directives to Physicians, sometimes called Living Wills

• Declaration of Guardian in Event of Later Need or Incapacity

• Anatomical Gifts

• Appointment of Agent for Disposition of Remains

• Marital Property Agreements, including Right of Survivorship Agreements, Pre- and Post- Nuptial Agreements, Agreements to Convert Separate Property to Community Property or Community Property to Separate Property, and Non-marital Cohabitation Agreements.

• Beneficiary Designation for Retirement Plans and Insurance Policies

Family Law

• Annulment

• Divorce

• Pre- and Post-Marital Agreements

• Non-marital Cohabitation Agreements

• Separation Agreements

• Enforcement and Defense in Support, Maintenance, and Alimony Suits

• Step-Parent Adoption

• Suit Affecting Parent-Child Relationship (Parentage, Custody, Possession and Access, Child Support)

• Termination of Parent-Child Relationship

• Qualified Domestic Relations Orders (QDRO)

Probate and Administration of Decedent's Estates

• Probate of Will

• Court Determination of Heirship

• Affidavit of Heirship

• Partition of Sale of Property

• Administration of Estate of Person Dying without a Will

• Will Contest

• Family Settlement Agreement

• Petitions for Declaratory Judgment

• Contested Trust and Fiduciary Matters

• Guardians of minors and Incapacitated Persons

• All phases of guardianship proceedings

Land, Oil and Gas Matters

• Suit or Agreement for Partition and Sale of Real Property

• Suit for Trespass to Try Title and to Quiet Title

Additional Areas of Practice

• Environmental Litigation;

• Oil Field Litigation;

• Explosion and Fire related losses;

• Professional Liability;

• Home Owners' Association Litigation

• General Tort Litigation;

• Property Tax Litigation.

ALTERNATIVE DISPUTE SERVICES

Arbitration

 At the request of one of the directors of the American Arbitration Association, Mr. Johnston applied for and was selected to become a part of the American Arbitration Association. Based upon his training and experience, he has been designated as a Level II Arbitrator, Mr. Johnston has never had one of his arbitration decisions contested.

Mediation

 Mediation is by far the most common type of ADR procedure. Mr. Johnston has participated either as a mediator or as an advocate, in literally hundreds of mediations. Mr. Johnston is now a certified mediator. His vast trial and mediation experience allow him to approach mediation from a practical standpoint, which gives him the flexibility to employ a number of approaches designed to facilitate the resolution of disputes.

Summary Jury Trial

  Mr. Johnston was instrumental in developing Dallas County's procedures for nonbinding summary trials. This innovation arose out of a personal injury case when, at mediation, it was apparent that the parties were so far apart that the one of them had seriously misevaluated the case. At the suggestion of Mr. Johnston, he and the attorney representing the other side formulated procedures for a non-binding summary jury trial. As a result of this procedure, the parties were able to more accurately evaluate their cases which ultimately resulted in a settlement. The judge was so impressed that she asked that the attorneys reduce their procedures to writing. Today, binding and nonbinding jury trials are utilized as an ADR method in Dallas County as well as other venues.