SERVING BUSINESS LAWYERS IN TEXAS - The Law Offices Of Frank L. Branson
SERVING BUSINESS LAWYERS IN TEXASFrank and Debbie Branson: Partners in Life,the LawBy Patricia BaldwinLifestyle Writer for The Texas LawbookOctober 24, 2013 – Early inher marriage and Dallas lawcareer, Debbie Dudley Bransonlearned about her husband’sstaminaforrisk-taking.Shortly after she had joinedhim at The Law Offices ofFrank Branson, she recalled,a “huge offer” was on the tablein a settlement conference.“A huge offer,” she repeated.“Franksaid‘no’andwalked out.”Even in retelling the story,she took a deep breath,but allowed, “He knows thevalue of cases and isn’t willingto settle for less. He’s a risktaker in that regard. I’m abigger risk taker in other areas.It’s a good balance.”Debbie and Frank Branson havebeen linked by marriage and thelaw for three decades.Three decades later, that balance still provides thefoundation for a unique life-and-law partnership.The Bransons head the go-to law firm long knownfor its high-stakes wins in catastrophic personalinjury cases and more recently for its expansioninto large commercial litigation.Numerous multimillion-dollar lawsuit successes,a plethora of honors and inclusions on “top lists,”and extensive civic commitments have promptedsome to characterize the duo as a “power couple.”Almost in unison, the Bransons demurredthe label.She said, “If we have any power, it comes fromboth of us working hard.”With a father who was amember of the ArkansasSupremeCourt,DebbieBranson represents the fourthgeneration of a family legacy inthe law. Her hard work also hasencompassed a lifetime of civicinvolvements. She currentlychairs the seven-member Boardof Managers that overseesParkland Health & HospitalSystem. The volunteer post,proposed to take a few hoursper week, became a 40-to-60hours per week undertakingas the hospital very publiclystruggled recently to keep stateand federal funding. In August,the hospital learned it was in“substantial compliance” withgovernment regulations.The namesake of the law firm,which pre-dates the Bransons’ marriage, agreedwith his wife’s assessment: “We’re two lawyerswho work hard and try to work for the rightthings.” For him, the hard work regularly placeshim on innumerable “best lawyer” lists.He laughed at his wife’s recollection of herearly brush with a large settlement negotiation.He couldn’t recall the particular case because“walking out of a meeting has happened anumber of times.” Sometimes, he said, there is asettlement resolution; sometimes, a trial.For every 30 to 40 potential lawsuits reviewed,the Branson firm – with seven attorneys – takesone client. The clients connect with the law firmin a variety of ways. www.flbranson.com 2013 The Texas Lawbook1
SERVING BUSINESS LAWYERS IN TEXASOther law firms often refer cases to theBransons, which is how their firm cameto represent the family and estate of RosaEsparza, who fell to her death in July fromthe “Texas Giant” at Six Flags Over Texas.According to the lawsuit filed in September inTarrant County District Court, safety measureson the rollercoaster, touted as the “tallest“Traditional tort trial lawyers have a lot moreexperience than many of the traditionalbusiness litigation firms,” he added. The firmis actively pursuing litigation involving breachof fiduciary duty, business control disputes,business fraud, contract disputes, corporatelitigation, false claims, insurance bad faith andprofessional liability.Frank Branson conducts a news conference in his firm’s mock courtroom.steel-hybrid coaster in the world,” failed.Frank Branson told ABC World News, “The ridedoesn’t have a proper restraint system.”In its response to the lawsuit, Six Flags said it“relied upon the expertise” of manufacturerGerstlauer Amusement Rides. “That’s prettyinteresting,” Branson told The Texas Lawbook.He added that trade literature indicated Six Flagshad participated in the design.In another current case, involving a lawsuit byPlainsCapital Bank against Jackson Walker,the Branson firm was recommended by a bankerfriend. According to the lawsuit, the Texas-basedlaw firm had “wholesale failed” to reasonablyrepresent the bank in connection with a workoutinvolving one of the bank’s borrowers.Such business litigation, Branson said,shows a growing recognition by the businesscommunity that a trial lawyer is a good choice. 2013 The Texas Lawbook2The plain-talking son of a high school footballcoach from the Fort Worth area is known for hiscreativity and tenacity.“Giving up is a foreign concept to Frank.He’s a bulldog,” said retired federal judge T. JohnWard of the Ward & Smith Law Firm in Longview.“I first met Frank 30-something years ago whenwe were adversaries.” Ward subsequently triedcases with Branson and added, “It’s a lot morefun to be co-counsel than an adversary.”Tommy Townsend, executive director of theTexas Trial Lawyers Association, concurred thatBranson is a “fierce advocate.”“Frank is tough, but has a great sense of humorand a gentleness that’s always right below thesurface,” Townsend said. “Debbie complementsFrank beautifully with her grace and style.She’s remarkably generous and aware of theneeds of others.”
SERVING BUSINESS LAWYERS IN TEXASFrank Branson:He added that they count “fusses” on one hand.Education: 1967, B.A., Texas Christian University.1969, J.D., Southern Methodist University.1974, LL.M., Southern Methodist University.A byproduct of their legal expertise, however,resulted in their putting more urgency intotheir parental warnings to “be careful” as theiroffspring were growing up. “At least, that’s whatthey tell us,” he said.Highlights of professional activities: Executiveboard member, Southern Methodist UniversityDedman School of Law. Past-president,Dallas Trial Lawyers Association and SouthernTrial Lawyers Association.Highlights of civic activities: Former trustee,Democratic National Committee. ity.Selected honors: 1987-present, Best Lawyersin America. 2011, Teddy Roosevelt “Man in theArena” Award from Association of PlaintiffInterstate Trucking Lawyers of America.2010-2013, Best Lawyers/U.S. News & WorldReport “Best Law Firms.” 2010, Dallas BarAssociation Trial Lawyer of the Year.He’s reading:Rick Atkinson.TheLiberationTrilogybyHe says: “We have never hesitated to use ourresources to go the extra mile for our clients.”Debbie Branson described the life-and-lawarrangement.“We each came to the marriage with one child.We came to the marriage as lawyers. He had thefirm established,” she said. “And so we startedout doing what would work for us as lawyersand as a family. We can work together and alsopursue separate interests at the same time.”She acknowledged that many people questionthe couple about combining a marriage and alegal practice.“It works for us. We enjoy working together,”she said. 2013 The Texas Lawbook3The couple met when he gave a speech to theTexarkana Bar Association about trial advocacy.As a local member, she was in the audience.Five years later, they married. Part of theirsuccess, they agreed, involves their differentworking styles.“I put my head down, and I stay focused,”Debbie Branson said. To illustrate, she drew astraight line on the tablet in front of her on theconference table.“Frank will go from here to that wall, bounce offthe ceiling or that table,” she said, drawing a linethat wandered around the tablet page and endedat the same point as her initial line.“We get to the same place about the same time,but our approaches are different,” she said.“He’s very creative; I’m a doer.”He acknowledged that he is direct when necessarybut also contended that he often gets moreinformation by going a little slower and takingan indirect approach. “I get all of the positivethings I can out of a witness before I get to thedamaging information,” Branson explained.He also noted, “It’s hard to see the forest whenyou’re right in the middle of all the trees in trial.Debbie does a good job of keeping me focused onthe big picture.”Longtime friend Ward easily cited the keyto Branson’s success: “Frank’s preparationis impeccable.”Branson himself has adopted and adapteda version of the British Army’s “7Ps.”
SERVING BUSINESS LAWYERS IN TEXASHis personalized doctrine: Previous PrecisePlanning Prevents Piss Poor Performance.A big part of the precise planning takes place inthe Bransons’ mock courtroom – complete withdark wood and built on one of the three floors thefirm occupies in a midrise off Knox Street.Debbie Dudley Branson:Education: 1993, M.S., University of Texas atDallas. 1980, J.D., University of Arkansas Schoolof Law. 1977, B.S.E., Arkansas State University.She established the Judge Robert H. DudleyEndowed Scholarship in honor of her father,a 1958 graduate of the University of ArkansasSchool of Law.Highlights of professional activities: Board ofGovernors, American Association for Justice.Past-president, Texas Trial Lawyers Association.Highlights of civic activities: Chair, Board ofManagers, Parkland Health & Hospital System.Advisory Council, UT Dallas Center for Childrenand Families. Past-president, Dallas Women’sFoundation.“Frank has always gone the extra mile to providethe tools to make you successful,” Guajardo said,adding the courtroom can “bring cases to life ina compelling way.”No doubt, the courtroom is a his-and-heroffice amenity. For example, she often uses itfor focus groups; he typically uses it forpracticing arguments.Butpracticeexpected results.doesn’talwaysbringFrank Branson started the story about a pasttrial in Tucson. Their client was a dentalassistant in her 20s, who traveled with heremployer to an Indian reservation to providecare. When they were headed back, the dentistlost control of a Nissan Pathfinder, and the roofcrushed in on the assistant. (The jury found thevehicle had a defective roof.) As a result, she wasbrain damaged and a quadriplegic.“It’s a horrible story,” he said, as his wife added,“She was a young woman with a bright careerpath who was relegated to learning the ABCswith her mom.”Selected honors: Gayle Pettus Pontz Awardfor excellence and achievement by a womanlawyer. 2012, 2013, Best Lawyers in America list.The lawyers put the victim on the stand duringthe trial. Frank Branson began to question thewoman and to take her through the ABCs.She’s reading: “Canada” by Richard Ford.“We would stop, and she would say what eachletter stood for,” he explained. “We get to ‘R,’and she says ‘R’ is for rich. And she smiles.I cracked up. I just had to laugh with it and sayto the jury, ‘Ladies and Gentlemen, I did notknow what ‘R’ was for.’”She says: “Many trials are won or lost before thelawyers even enter the courtroom.”“That’s most unusual for a firm that size,but that’s consistent with the preparation I’veseen,” Judge Ward said.TTLA president-elect Michael Guajardo,a partner at Guajardo & Marks in Dallas whoworked for the Branson firm for about eightyears, said the courtroom symbolized how theBransons conduct business. 2013 The Texas Lawbook4Debbie Branson remembered, “It was one ofthose times when we think, ‘Did that reallyhappen’?” The rest of the story: The jury ruled infavor of the Bransons’ client, with an award in theupper six-digits.And while the Bransons’ wins substantiallyoutnumber the losses, the latter provide toughlessons and memories not easily shaken.
SERVING BUSINESS LAWYERS IN TEXASFrank Branson recalled their handling of amedical negligence case in Lufkin. They couldhave settled before trial for several milliondollars. A shadow jury, however, was convinced atrial would yield an award of 20 million.“The real jury found zero,” Branson said. His wifeadded, “It was truly devastating.”He noted the impact of a loss: “It’s kind of agrieving process. But you refill your tank andgo on.”This day, still in the mock courtroom,Frank Branson pointed to a new 40-inch monitorin one corner and commented that he neededto practice using the touch screen. Bransonexplained the technology is similar to the 3-Dgraphics workstation that CNN implementedduring its election coverage. Videos, diagramsand statistics can be presented and moved on themonitor with the touch of a finger.Recognized as a pioneer in the use of technologyin the courtroom, Branson said he has long beena believer in the truism “a picture is worth athousand words.” So much so, he received the2007 Mel Award from the Melvin M. Belli Society.The award, named for the California attorneycalled the “King of Torts,” annually honorsan attorney for his or her “creative advocacy,spirit of innovation and paradigm-shiftingtechniques in the presentation of evidence.”“We use a lot of technology,” Bransonacknowledged. The firm has a separatecorporate entity, housed within its Dallas offices,that employs a videographer, a computergenerated graphics artist and a medicalillustrator.The suite has a video studio with televisionquality capabilities and is cluttered withdemonstrative evidence, including skeletons,anatomical silicon body dummies, medicalillustrations and more. The studio team producesa variety of videos and animated re-creations,thanks to techniques perhaps more often foundin Hollywood. Recent re-creations have shown 2013 The Texas Lawbook5a house being blown up, a person catching fire,a Ferrari breaking in two, a car rolling over andother catastrophes.The Law Offices Of Frank L. Branson& Selected High-Stakes Battles:1984: 10 million settlement for man whosuffered life-altering injuries after a State Fairof Texas amusement park ride malfunctioned.Settlement included future safety improvementsat the State Fair of Texas.1990: 11 million settlement for five cases relatedto the August 1988 crash of Delta Air Lines flight1141 on takeoff from DFW International Airport.2001: 5.7 million jury verdict followed by aconfidential settlement for a woman who wasseverely injured when American Airlines Flight1420 crashed at Little Rock National Airport inJune 1999.2006: A 7 million jury award for a collegiatesoccer player from Frisco, Texas, whose careerwas cut short when he was severely injuredin a SUV rollover accident. Jury ruled that thevehicle’s design was “unreasonably dangerous.”2007: A 20.8 million jury verdict for thewidow and estate of a man who died after hisvehicle was struck by an 18-wheeler carryinghazardous materials on Interstate 635 in Dallas.Recognized by The National Law Journal as oneof the Top 100 verdicts of 2007.2008: 15 million settlement during trialstemming from a West Texas truck crash thatkilled three members of a family.2010: 34 million settlement for injuriessuffered by a Dallas Cowboys assistant scoutand a special teams coach in collapse of teampractice facility.2012: 10.6 million jury award to a North Dallasphysician whose partners in a specializedmedical imaging center misappropriated fundsand deceived him about finances.
SERVING BUSINESS LAWYERS IN TEXASin medical malpractice lawsuits. Among therepercussions have been fewer lawsuits andmore doctors moving to Texas. In 2012, thenumber of civil jury trials in Texas district courtshit a four decade low. According to statisticsobtained earlier this year by The Texas Lawbook,1,202 civil disputes were decided by juries inTexas district courts, down from more than3,400 in 1996.For Frank Branson, the limited ability to recoverdamages represents “the rawest deal the peopleof Texas have gotten maybe since the Alamo.”Frank and Debbie Branson have hostedformer President Bill Clinton, as well asHillary Rodham Clinton, in their Dallas home.Greg Chard, who has been making computeranimation re-creations for court cases for22 years, said the Branson firm is “the bestI’ve ever worked with.” And he added,“I’ve worked with 85 different law firms.”The distinction, Chard continued, results fromsophisticated and detailed demonstrativeevidence.In other words, it’s one thing to “tell” jurors;it’s another thing to “show” them.Frank Branson related that he once attemptedto rent a Delta Air Lines flight simulatorto demonstrate what happened during aplane crash. He was refused but undaunted.He subsequently subpoenaed the teachingcrew. The resulting video showed what happenedin a 1988 crash that garnered national attention.The cockpit transcripts revealed ongoingpersonal conversations among flight attendantsand pilots, who failed to lower the plane’s wingflaps at takeoff.“Daunted” does not seem to be a word inthe combined vocabularies of the Bransons.They not only have adapted their legalpractice to changing technologies but also to thechanging legal landscape.For example, in 2003, Texas voters approveda constitutional amendment limiting awards 2013 The Texas Lawbook6For the Branson law firm, the changingenvironment and their expansion into businesslitigation has, among other things, meant moreout-of-state cases.In recent years, Branson noted, the firm hiredEric Stahl from Vinson & Elkins and Chip Brookerfrom Haynes and Boone, who have backgroundsin business litigation.Debbie Branson added, “We talk a lot aboutcurrent reality, where we are, where we want togo and how we’re going to get there.”Former President Jimmy Carter poseswith Debbie and Frank Branson.Recent “reality” for her encompassed herreappointment as the chair of the boardthat is responsible for the governing policiesand oversight of a 1.2 billion budget forParkland Hospital. She added that she gave thereappointment a “lot of thought” because the
SERVING BUSINESS LAWYERS IN TEXASpost is a “very high profile, politically charged,controversial and complex position.” But shefelt strongly that she had a job to do and wasdetermined to do it.In accepting the initial appointment by DallasCounty Judge Clay Jenkins, however, she had“no expectation or understanding about what Iwas getting into at all. Neither did anybody else.”lead us through. She is a very committed person.She’s tenacious toward a goal.”He noted that Branson’s consensus-buildingcapabilities were – and are – critical for Parkland.The recent survey was “only a milestone, not theend” in terms of challenges for the hospital andits board.Smith credited Branson with his decision toaccept the interim CEO position. He said hewas impressed with her “extreme energy andpassion” for Parkland’s mission to provide careto indigents and “marginalized” individuals.He said her “gentle but firm hand” allowed theboard to make “appropriate and timely decisionsduring a time of great ty, her inclusiveness, her selflessapproach and her trustworthiness.The now late Texas Gov. Ann Richards sharesa moment with Frank Branson.What prompted the changing chairmanshiprole was a series of articles, starting in2010 in The Dallas Morning News, whichalleged numerous deficiencies in patient care andhospital operations. The media investigationsled to various internal and external assessments.In 2012, the interim chief executive wasreplaced by Bob Smith, also interim CEO anda retired vice president from Tenet Healthcare.In June of this year, inspectors began agovernment survey to determine whetherParkland would keep its state and federal funding.On Aug. 7, the hospital conducted a newsconference to announce it had passed thegovernment survey and would retain itsMedicare and Medicaid funding. Throughout thevery public and troubled process, as well as at thecelebratory news conference, Debbie Bransonprovided the face and voice of Parkland.Judge Jenkins said, “I can’t thank her enough.We didn’t know what she was going to have to 2013 The Texas Lawbook7She commented that none of the above wouldhave been possible without the supportof her husband: “I’ve had a real generous,understanding partner.”Frank Branson responded, “Each time she takeson one of these projects, she gives a lot of ‘Debbie’to it. It makes a difference. She’s a neat lady, andshe’s very capable. I’m proud of her.”The couple’s mutual respect, collective tastesand individualism are reflected among thecountless memorabilia and collectibles clusteredthroughout the Branson law offices.In fact, the firm’s technological infrastructure isperhaps surpassed only by its striking furnishingsand collections, which include paintings,sculptures and historic firearms. One of FrankBranson’s “Super Lawyers” listings described theoffice as “Dallas’ least-known museum.”Branson explained the genesis of the variouscollections: “I went to law school after my junioryear at TCU. It was a special program. I had to cutout a lot of electives, but history and governmentwere two of my favorite subjects.”
SERVING BUSINESS LAWYERS IN TEXASever seen, second only to Debbie. Debbie is oneof the quickest studies I’ve ever seen, second onlyto Frank.”Quesada said that, in the time he worked for thefirm, “every instance in which a decision had tobe made to favor the client versus favoring thelawyers, the decision was always made in favorof the client. That is a lesson which I learned welland have tried to implement in my practice.”KDFW FOX Channel 4 in Dallas reported aboutlawsuits filed by the Branson law firm followingthe collapse of the Dallas Cowboys trainingfacility during a May 2009 thunderstorm.He added, “It isn’t a case where one is playingthe ‘good cop,’ while the other is the ‘bad cop.’I’ve seen plenty of instances in which they wereboth the good cops or both the bad cops. It isn’treally a game to them. This is truly, truly a callingand a passion for them.”A tour of the law firm moved slowly because“everything has a story.” Handsome casesthroughout the offices display a love ofhistory and tradition. Among the weaponry isGeronimo’s rifle Buffalo Bill’s Bowie knife Bat Masterson’s gold-knobbed cane and othertreasures, many dating to the Civil War.Photos reflect the Bransons’ involvement inDemocratic politics sailing on Ted Kennedy’ssailboat hunting with Bill Hobby posing atevents with Bill and Hillary Clinton. A favoritekeepsake – a small sculpture of a bull wrappedin a Texas flag – is a duplicate of a bespoke giftpresented to the late Texas Gov. Ann Richards.He enjoys fishing, playing golf and hunting.She enjoys “playing” at the couple’s place inKey West. “We go there and wear T-shirts andbathing suits,” she said.George “Tex” Quesada worked at the Bransonfirm for about 15 years. Now with Sommerman& Quesada in Dallas, he said, “Debbie and Frankmake a pretty effective ‘1-2 punch.’ They havecomplementary skills both in life and in thelaw, and it seems to work very well for them.Frank may be the hardest working lawyer I’veThe Branson law firm created this videoas part of a truck accident lawsuit.“Teamwork” is a word used often by the Bransons.“We work like Fred Astaire and Ginger Rogers,”Frank Branson said. He then borrowed the quotepopularized by the late Texas Gov. Richards:“Ginger Rogers did everything Fred Astaire did,except backwards and in high heels.”Perhaps, however, Debbie Branson best summedup the partnership: “The truth is we have fun,whether we’re working or playing. We’re lucky.”Please visit www.texaslawbook.net for more articleson business law in Texas. 2013 The Texas Lawbook8
Frank and Debbie Branson: Partners in Life, the Law By Patricia Baldwin Lifestyle Writer for The Texas Lawbook October 24, 2013 - Early in her marriage and Dallas law career, Debbie Dudley Branson learned about her husband's stamina for risk-taking. Shortly after she had joined him at The Law Offices of Frank Branson, she recalled,
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Branson is a lawyer in the law offices of Frank L. Branson, P.C., which specializes in personal injury litigation. She has served as President of the Texas Trial Lawyers Association. Professionally, she has garnered many honors over the years, including Best Women Lawyers in Dallas, Best Lawyers in Dallas by D Magazine, Best Lawyers in America .
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The language used in law is changing. Many lawyers are now adopting a plain English style. But there are still legal phrases that baffle non-lawyers. This guide is intended to help in two ways: it should help non-lawyers understand legal phrases; and it should give lawyers ideas for explaining the legal phrases that they use.
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what activities can disbarred or suspended lawyers engage in without violating the law; whether lawyers should be allowed to employ or partner with non-lawyers in providing legal services or non-legal services; whether non-lawyers should be allowed to own a minority or majority interes
