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Daniel D. Tostrud
Founding Partner |
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“I’m proud when I’m able to bring relief to my clients by disposing of cases swiftly. Pending claims can be an enormous burden to clients – I’m glad I can help find positive solutions to their problems.”
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Dan is a founding partner in the law firm of Hermes Sargent Bates, L.L.P. and has a broad based trial practice. The areas of highest concentration for Dan's practice are professional liability, legal malpractice and grievance defense, accounting malpractice, TSBPA proceedings and commercial litigation. |
| | | Representative Experience- Over the last 19 years, Dan has represented hundreds of lawyers throughout Texas on legal malpractice and grievance matters, ranging from solo practitioners to law firms with hundreds of attorneys.
- Dan has obtained summary judgment or dismissal on the merits for his lawyer clients on more than forty occasions and has successfully tried eleven legal malpractice lawsuits before Texas juries.
- Dan has an extensive accountant liability practice that has included representation of bookkeepers to large accounting firms. During the last eight years, Dan has represented accountants in more than 100 lawsuits, state board investigations, subpoena compliance matters and pre-suit risk management.
- Dan has obtained summary judgment or dismissal on the merits of more than fifteen significant lawsuits against accounting firms. Dan also regularly represents CPAs on complaints before the Texas State Board of Public Accountancy.
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Dan has a growing commercial litigation practice that has included representing multimillion-dollar corporations, as well as individual partners and shareholders in disputes with partnerships and corporations. Dan handles commercial litigation cases on both the Plaintiff and Defense sides.
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| | | Bar Admissions
- State Bar of Texas, 1989
- All Texas state courts
- United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas
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United States Court of Appeals for the Fifth Circuit
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| | | Education
- Bachelor of Business Administration Degree, cum laude, from the University of Mary Hardin-Baylor, 1986
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Juris Doctor Degree from Baylor University School of Law, 1989
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| | | Awards and Recognitions
- Rated AV by Martindale-Hubbell
- “Texas Super Lawyer” - Texas Monthly and Law & Politics Magazine, 2004 - 2010
- Highest ranking graduate from University of Mary Hardin-Baylor, 1986
- Recipient of the Insurance Law Award, 1989
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Outstanding Alumnus Award from University of Mary Hardin-Baylor, 1998
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| | | Publications & Presentations
- Panelist, “Tripartite Relationship,” Dallas Association of Young Lawyers, Dallas, September 8, 2010
- Speaker, “Business Valuations: How to Manage Your Malpractice Risk,” American Institute of CPAs seminar, July 2010
- Speaker, “Recent Trends in Professional Liability,” 2008
- Speaker, “Liability Exposure for CPAs in Texas – What you need to know,” 2007
- Speaker, “Helping Insureds Prevent Conflicts of Interest that Lead to Malpractice Claims,” 2006
- Speaker, “Navigating Dangerous Waters – Addressing and Dealing with Potential Conflicts of Interest,” 2005
- Author, “Identifying and Addressing Potential Conflicts of Interests,” published by several insurance carriers
- Speaker, “Risk Management for Insurance Defense Practice"
- Speaker, "Update on Disciplinary Rules and Grievance Procedures"
- Speaker, "Smart Practice, Not Malpractice - Risk Management for Lawyers"
- Speaker, "Impact of Sarbanes-Oxley Act on Lawyers"
- Speaker, "Practice Areas with the Most Significant Legal Malpractice Exposure"
- Author, "Did They Make a Settlement Offer?"
- Author, "The Importance of Carefully Drafted Engagement Letters"
- Author, "The Limitations of an 'As Is' Clause in the Sale of Real Estate"
- Speaker, "Dealing with Potential Conflicts of Interest"
- Speaker, "Common Ethical Dilemmas Faced in an Insurance Defense Practice"
- Speaker, "Tips for Avoiding Bad Faith Claims"
- Speaker, "Preparing Witnesses for Deposition"
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Speaker, "How to Work a File"
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| | | Memberships
- State Bar of Texas, Member, Litigation Section
- Dallas Bar Association, Member, Tort and Insurance Practices Section, and Business Litigation Section
- American Bar Association, Member, Litigation Section and Professional Liability Committee of Litigation Section
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Professional Liability Underwriters Society
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| | | Personal
Daniel was born in Oak Park, Illinois.
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