Publications
The practice of law involves academics as well as experience, including a requirement that all lawyers participate in continuing legal education. The following are law books and reports that I have authored or co-authored:
Professional books
Texas Consumer Litigation (1st and 2nd Ed.)
The first and second editions of this law book concentrate primarily on litigation under the Deceptive Trade Practices-Consumer Protection Act, the Texas Insurance Code and related statutes. It generally was recognized as the authoritative text in the early years of consumer litigation in Texas and has been cited frequently by appellate courts, including the Supreme Court of Texas. The book was published by Texas Law Institute, Inc. in Austin, Texas, in 1978 (first edition) and 1982 (second edition). The book now is out of print. (Co-authored with Joe K. Longley and Philip K. Maxwell; second edition edited by Michael Curry).
DTPA Forms and Practice Guide
This law book was intended as a practical guide for attorneys who are involved in litigation under the Deceptive Trade Practices-Consumer Protection Act and the Texas Insurance Code. The book deals with litigation from the initial client interview through the trial of a case and includes hundreds of forms for the practitioner. (Co-authored with Michael Curry). The book was first published by a closely held corporation in Austin, Texas in 1989. James Publishing (California) acquired the rights to the book and now publishes and supplements the book annually.
Report to Attorney General John L. Hill on Texas Nursing Homes
In 1977, Attorney General John Hill responded to an apparent crisis in the nursing home industry by forming a Nursing Home Task Force within the Consumer Protection Division. The Task Force inspected more than one hundred nursing homes and prosecuted approximately twenty nursing homes for patient abuse and neglect. This report was the culmination of the work of the Task Force and contained not only its findings but also specific recommendations for reform. Published by the Attorney General of Texas in Austin, Texas in 1978. (Principal author).
Make Texas a Good Place to Grow Old
This report contained findings and recommendations for reform which resulted from an investigation of the nursing home industry and those who regulate it. The investigation was conducted at the request of Governor Ann Richards after I was appointed to be her "Citizen Trustee." Published by the Office of the Governor in Austin, Texas in 1992. (Sole author)
Political Contributions to the Supreme Court of Texas: An Appearance of Impropriety
This report contained the findings and conclusions of a year-long, extensive study of political contributions to the Supreme Court of Texas. The study concentrated on contributions made to winning candidates only during the 1988-1992 election cycles. Published by Texas Consumer Rights Action League in Austin, Texas in 1992. (Principal author).
Survey of Jury Trials Under the Deceptive Trade Practices Act, Publisher: State Bar of Texas, Consumer Law Section
This survey examined the verdicts in all jury trials during a three year period in thirty-two Texas counties, including all of the major population centers. The 695 jury verdicts examined were those in which a jury question was submitted under the Deceptive Trade Practices Act. Although there were a number of findings in the survey, it was determined that a "yes" answer to jury question on false, misleading or deceptive acts was significantly more difficult to obtain than an affirmative finding on breach of warranty, negligence and breach of contract.
Texan's Guide to Consumer Protection
This book was ghost written for John L. Hill, then Attorney General of Texas and a candidate for Governor. The book was intended for a lay audience and covered each of the consumer protection statutes in Texas. The book was published by Gulf Publishing Company in Houston, Texas in 1980.
Professional Articles (selection only)
- Caveat Vendor: The Texas Deceptive Trade Practices-Consumer Protection Act, Baylor Law Review (Summer, 1974)
- Now We're All Consumers: The 1975 Amendments to the Deceptive Trade Practices Act, Baylor Law Review (Winter, 1976)
- Special Issues and the DTPA: Is the Language of the Statute Good Enough?, Caveat Vendor (State Bar of Texas Consumer Law Section Quarterly, January, 1980)
- Abuse of the Elderly: The Hidden Agenda, Journal of the American Geriatrics Society, coauthored with Larry R. Kimsey, M.D. and Arthur R. Tarbox, Ph.D. (1981)
- Whose Fault Is It? TIERRA GRANDE (Fall, 1981)
- A Little Respect, Please, TEXAS LEGAL SERVICES CENTER ALERT (July, 1982)
- The Court's Charge in DTPA Cases, 18 Texas Tech Law Review 113 (Symposium Issue,
September, 1987) - Dealing with Nursing Home Neglect: The Need for Private Litigation, 39 South Texas Law Review 1 (December, 1997).
Professional Seminars, Institutes (Faculty Member)
The State Bar of Texas and many local bar associations have extensive, continuing legal education programs. Attorneys who have special knowledge, training or experience are asked to serve as faculty members in their respective areas of interest. Serving as a faculty member at a CLE program generally involves the preparation of a paper for distribution to the attendees and the presentation of a lecture. The following list contains most of the CLE seminars and institutes, by title, sponsor and location, at which I have served on the faculty.
- "Jury Issue Submission," State Bar of Texas (8 cities, 1985)
- "General Practice Institute," State Bar of Texas (Waco, 1983)
- "Practice Skills Course," State Bar of Texas (Houston, El Paso, San Antonio, 1978-1979)
- "Consumer Protection As Seen By The Plaintiff & Defendant," Houston Bar Association (Houston, 1978)
- "Deceptive Trade Practices," State Bar of Texas (Austin, 1984)
- "Amarillo Bar Association Annual Spring Institute," Amarillo Bar Association (Amarillo, 1986)
- "Consumer Law Institute," State Bar of Texas (San Antonio, 1986)
- "Advanced Personal Injury Trial Law," State Bar of Texas (Fort Worth, Houston, Austin, 1987)
- "1987 Deceptive Trade Practices-Consumer Protection Institute," State Bar of Texas (San Antonio, 1987)
- "Deceptive Trade Practices-Consumer Protection Act," The Law Institute of Houston (Houston, 1987)
- "Deceptive Trade Practices Institute," State Bar of Texas (8 cities, 1987)
- "1988 Advanced DTPA Personal Injury Law Course," State Bar of Texas (Dallas, Houston, San Antonio, 1988)
- "1989 Advanced DTPA Consumer Law Course," State Bar of Texas (San Antonio, 1989)
- "DTPA: From the Basics to Bad Faith Litigation," The University of Texas School of Law, (Austin, 1989)
- "El Paso Consumer Law Institute," El Paso Young Lawyers Association and Texas Tech Law School Foundation (El Paso, 1990)
- "Advanced DTPA/Consumer Law Course," State Bar of Texas (San Antonio, 1990)
- "DTPA Litigation in a Troubled Economy," The University of Texas School of Law (October, 1990)
- "Trial and Tactics," State Bar of Texas (Amarillo, Laredo, Beaumont, 1991)
- "Advanced DTPA/Consumer Law Course," State Bar of Texas (San Antonio, 1991)
- "Third Annual DTPA Conference," The University of Texas School of Law (San Antonio, 1991)
- "Advanced Real Estate Drafting Course," State Bar of Texas (San Antonio, 1992)
- "Advanced DTPA/Consumer Law Course," State Bar of Texas (Austin, 1992)
- "Advanced Personal Injury Trial Law," State Bar of Texas (Dallas, 1992)
- "Fourth Annual DTPA Conference," The University of Texas School of Law (San Antonio, 1992)
- "Advanced DTPA/ Insurance/ Consumer Law Course," State Bar of Texas (San Antonio, 1993)
- "The Senior Service Conference on Fraud Against Older Texans," Attorney General of Texas (Austin, 1993)
- "Fifth Annual DTPA Conference," The University of Texas Law School (Houston, 1993)
- "Seventh Annual DTPA/ Insurance/ Consumer Law Course," State Bar of Texas (San Antonio, 1994)
- "Elder Law Institute," State Bar of Texas (Austin, Dallas, 1994)
- "Sixth Annual DTPA Conference," The University of Texas Law School (San Antonio, 1994)
- "Eighth Annual Advanced DTPA/ Consumer/ Insurance Law Course, State Bar of Texas (San Antonio, 1995)
- "Advanced Personal Injury Law Course," State Bar of Texas (Houston, San Antonio, Fort Worth, 1995)
- "Seventh Annual Conference on the Texas Deceptive Trade Practices Act," The University of Texas (San Antonio, 1995)
- "Advanced Personal Injury Course," Texas Trial Lawyers Association (Houston, Dallas 1995)
- "Advanced DTPA/ Insurance/ Consumer Law Course," State Bar of Texas (San Antonio, 1996)
- "Page Keeton Products Liability & Personal Injury Law Conference," The University of Texas School of Law (Austin, 1996)
- "Texas Deceptive Trade Practices Act," The University of Texas School of Law (San Antonio, 1996)
- "ADTPA Overview and Update," Travis County Bar Association (Austin, 1997)
- "Surviving Long Term Care: Advocacy for Nursing Home Residents," Elder Law Conference, University of Texas School of Law (Austin, Houston, 1997)
- "ADTPA Update," Page Keeton Products Liability and Personal Injury Law Conference, University of Texas (Austin, 1997)
- "Legal Rights and Remedies for the Elderly," University of Texas School of Law (Austin, Dallas, 1998)
- "Arbitration: A Wolf in Contract Clothing," 10th Annual Conference on the Deceptive Trade Practices Act (University of Texas San Antonio, 1998)
- "Surviving Long Term Care," Intermediate Estate Planning, Guardianship and Elder Law Conference (University of Texas School of Law, Galveston, 1999)
- "Nursing Homes: The Next to Last Consumer Transaction," Consumer and Insurance Litigation Course, (University of Texas School of Law, San Antonio, 1999)
- "Arbitration Issues in E-Commerce", Advanced Commercial and Consumer Law Course (Consumer Law Section, State Bar of Texas, Houston, 2000)
- "A Texas-sized Long Term Care Crisis", Intermediate Estate Planning, Guardianship and Elder Law Conference (University of Texas School of Law, Galveston, 2001)
- "Selecting a Nursing Home", Elder Law Course (State Bar of Texas, Austin, 2004).
- "Caveat Emptor to Caveat Vendor and Back Again" (Lorman Education Services, Austin, 2008)
Call today
Law Office of David F. Bragg
A Professional Corporation
Bastrop, Texas 78602
Telephone: (512) 496-9031 (Austin metro)
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Email: dfbragg@sbcglobal.net