Houston Litigation Blog : Houston Insurance Defense Lawyer & Attorney : McCormick Hancock Newton Law Firm : Defense Counsel and Civil Trial Lawyers : Serving Harris County, South Texas, Gulf Coast

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Here is a link to the “Judicial Hellholes” Report of 2005 published by the American Tort Reform Association. www.atra.org/reports/hellholes/

In Texas, the following counties made the list of judicial hellholes: Jefferson, Brazoria, Cameron, Hidalgo, Nueces and Starr. With the exception of Brazoria County, the others do not come as much of a surprise. Our firm has handled cases in most of these counties and they have traditionally been considered as some of the most liberal venues in the State. Brazoria County apparently made the list on the strength of the Vioxx trial that went to verdict last year. Generally, speaking one verdict should not be sufficient for a particular venue to be dubbed a judicial hellhole.

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The best way to survive a bad venue is by retaining a good local counsel. This requires more than simply hiring the local office of a national law firm or thumbing through Martindale-Hubble. There are two general types and you should put some thought into what you really need. First, there are local counsel that are good trial lawyers. This type is familiar with the courts, local rules and jurors.  They are also familiar with the peculiarities of the geographical area. They are experienced trial lawyers and can serve as lead trial counsel or in a supporting role in your trial team. The second type of local counsel may or may not have all of the qualities of the first. He may not be a particularly talented trial lawyer or even be particularly helpful with the local rules. What distinguishes the second type of local counsel is his influence with the judge. The influential local counsel may be a distant relative of the judge, former law partner, mentor or golf buddy. Typically, one of the main factors that results in a venue being bad is the influence your opponent has with the judge. Retaining an influential local counsel can often help even the playing field.   While an influential local counsel will not guarantee that the judge will rule in your favor, his presence on your trial team will at least help your arguments be heard.