John Michael Frick

John has been representing businesses and business people in the North Texas area for more than thirty years. He has tried numerous cases at various levels of the judicial system, including federal district court and state district court. He has presented appeals to the Supreme Court of Texas, the United States Court of Appeals for the Fifth Circuit, and ten of the fourteen intermediate courts of appeal in Texas. He has arbitrated cases before the American Arbitration Association and JAMS, Inc. In addition to his trial practice, John is a trained mediator and summary jury trial judge. As a result of displaying a high degree of skill, competence, and professionalism, he has earned an AV-Preeminent rating from Martindale-Hubbell.

John received his law degree from SMU School of Law in 1988, where he served as an Associate Editor for the Southwestern Law Journal. While still in law school, he successfully presented an appeal to the Supreme Court of Texas through the school’s civil clinic program, resulting in a published opinion reversing the lower court. He also completed his first jury trial through the school’s clinic program.

After graduating from law school, John served a judicial clerkship as briefing attorney for the Honorable Gordon H. Rowe, Associate Justice of the Court of Appeals for the Fifth District of Texas at Dallas. There, John had the pleasure of working with future Supreme Court of Texas Justices Nathan Hecht, Craig Enoch, and James Baker.

As a seasoned trial lawyer, John continues to maintain a high level of practice. He has represented clients in cases reported in the Wall Street Journal and Dallas Morning News, as well as ones featured on local news broadcasts and the national news program, Nightline. His civil trial practice includes representation in both state and federal court and encompasses a wide range of areas.

SMU Dedman School of Law

Doctor of Jurisprudence/Juris Doctor (J.D.)

1988

Southern Methodist University

B.S. (1985) | Political Science

1981 - 1985

Honors: Summa Cum Laude

Southern Methodist University

B.A. (1985) | Psychology

1981 - 1985

Honors: Summa Cum Laude

Partner

Reid, Dennis & Frick, PC

2022 - Current

Member

Steptoe & Johnson, PLLC

2021 - 2021

Partner

Bennett, Weston LaJone & Turner, P.C.

2017 - 2021

Senior Attorney

Reid & Dennis, PC

2010 - 2017

Solo Practitioner

Law Offices of John M. Frick

2001 - 2010

Partner

Mills, Presby & Associates, L.L.P.

1995 - 2001

Associate

Godwin & Carlton, P.C.

1989 - 1995

Briefing Attorney

Court of Appeals, Fifth District of Texas at Dallas

1988 - 1989

Board-Certified, Civil Trial Law

Texas Board of Legal Specialization

2010

AV-Preeminent

Martindale-Hubbell

2004

For over 100 years, the Bar Register has been a unique guide to the legal community's most eminent professionals. It includes only those select law practices that have earned the highest rating in the Martindale-Hubbell Law Directory and have been designated by their colleagues as preeminent in their field. The 2022 Bar Register contains over 14,000 member listings out of more than 1.3 million attorneys in the United States.

Texas State Bar  # 07455200

Member

1988 - Current

Texas

State Bar of Texas

ID Number: 07455200

Since 1988

5th Circuit

Since 1992

• Credit Cards Accepted
  Visa & Mastercard Only
• Rates, Retainers and Additional Information
  Provides 90-minute initial consultation for a flat fee of $500. Does not typically work on a contingency fee. Usually requires a retainer.

• Civil Litigation
• Contract Litigation
• Commercial Litigation
• Real Estate Litigation
• Professional Liability

Q. Texas Divorce - Personal jurisdiction over non-resident spouse

September 6, 2024

A: Your question concerns what is called "tag". "tagging", or "transient" jurisdiction. One traditional way in which a court can acquire personal jurisdiction over a defendant is by personal service of process within the jurisdiction. "Tagging" raises the question of just how sacrosanct that principle of personal jurisdiction is.

In the very famous case Grace v. MacArthur, the defendant was served while onboard a commercial airplane flying over the State of Arkansas. https://law.justia.com/cases/federal/district-courts/FSupp/170/442/2360727/

That case pushed a pause button on whether personal service of process within the jurisdiction alone comports with the the two-part test required by the Due Process Clause of the 14th Amendment which allows a court to exercise personal jurisdiction over a defendant only if (1) the defendant has minimum contacts with the forum state, and (2) it is reasonable to require the defendant to defend the lawsuit in the forum state.

Some jurisdictions still hold that personal service of process within the jurisdiction alone is sufficient to comply with these requirements. Others--including the Fifth Circuit--have rejected the notion of "tagging" jurisdiction. The United States Supreme Court has not directly addressed the issue. The closest it has come was Burnham v. Superior Court of California back in 1990 which notably did not have a majority opinion and the plurality opinion was only joined in full by three of the nine justices. That is indicative of just how controversial is issue can be.

In Texas, some intermediate appellate courts have held that personal service of process within Texas was sufficient in a particular while acknowledging that there may be circumstances (including when a defendant was tricked into coming to Texas) that can defeat the exercise personal jurisdiction. The Supreme Court of Texas has not yet squarely addressed this question.

It is important to note that in Texas (contrary to many other jurisdictions including federal courts), the burden of proof is on the defendant to show he does not have minimum contacts with Texas or it is reasonable to require him to defend the lawsuit in Texas. The defendant will have to raise a basis and prove why personal service of process in Texas does not satisfy Due Process in your particular situation.

The facts that you are married, that you moved here with your husband's knowledge and consent, and that your husband is coming here to visit you works in your favor. This is not a situation in which your husband is travelling from Florida to California and has stopped at an airport in Texas for only a few hours to change planes. While my opinion is not a 'firm yes', I would give you a 'likely yes' unless there are other facts and circumstances not mentioned in your question. ... Read More

Q. Can 2 minors my mother has temp custody of come live with me and my wife while we are petitioning for adoption/guardian

September 6, 2024

A: Whoever has been appointed managing conservator of the children can consent, orally or in writing, for the children to live with you.

That consent will not, however, accomplish certain goals like enabling you to enroll the children in a public school, consent to medical treatment, consent to enlistment in the armed forces, etc. Those rights will remain with the managing conservator. Some, but not all, such rights can be delegated to you by a power of attorney. For example, the right to consent to medical care of a minor is often delegated to another by a power of attorney.

Importantly, if the public school where you live does not have an open enrollment policy, that public school may not allow you or the managing conservator to enroll the children in school with or without a power of attorney. Otherwise, parents could "game" the system by enrolling their child in a really good public school where a friend or relative live to avoid a (presumably worse) school serving the area where the parents live.

Be aware of the difference between an "open campus" versus an "open enrollment" policy. An open campus policy allows a student to enroll in a particular school as long as the student's parent, guardian, or managing conservator resides somewhere within the school district. An open enrollment policy allows a student to enroll in a particular school even though the student's parent, guardian, or managing conservator resides in another school district. ... Read More

Q. I was fired from my job one week after filing a worker’s comp claim. Is this something an attorney needs to handle?

September 4, 2024

A: It is illegal to terminate an employee in retaliation for filing a WC claim. The timing raises the suspicion that you were terminated for filing your workers compensation claim. Of course, there may be other legitimate reasons why you were terminated. For example, an employee may be terminated for violating a company safety rule even though the violation results in the employee's own injury.