The distinction between a certified individual and a firm
The Texas Board of Legal Specialization certifies one lawyer at a time, in one field. So when a firm's website says its founding lawyer is Board Certified in Personal Injury Trial Law, that sentence is about him. Not about the associate down the hall. Not the case manager, not the paralegal, and not the firm as a business. That doesn't make the uncertified lawyer a weak one. Plenty of them are very good, and it's often fine for them to do a big share of the work. What you want is a firm that will tell you plainly which lawyer holds the credential, who else will touch your file, and who owns the big decisions. If you want the detail on what board certification in personal injury trial law actually requires, start there. TBLS certification standards, Part I, section I.D.
People hire the name. That's the usual story. They read about a lawyer's verdicts, they make the call, they sign the contract, and three weeks on the only human being they ever hear from is a case manager whose name appeared nowhere on the website. Bad? Not by itself. Firms run on delegation; they couldn't function otherwise. The thing you can't accept is not knowing who owns your file, or having no way to get that person on the phone when it counts. A headshot proves nothing. Neither does a bio, or a framed certificate behind the receptionist. None of it means the lawyer in the picture has read one page of your case. So ask, in those words: how do you staff a claim like mine? “Our team handles it” is not an answer. Who supervises the file? Who makes the calls that matter?
Aaron A. Herbert's TBLS certification, as the firm's site describes it, belongs to Aaron personally. If you're thinking about hiring the firm, ask what part Aaron expects to play in your matter. The honest answer depends on the firm's actual capacity, how big the case looks, and what changes later. This article lays out good questions to put to any firm. It isn't a promise that Aaron personally does a particular task in every case.
Who performs the initial case evaluation
Intake is intake. The first call gets your name, what happened, whether you're hurt badly enough that something has to happen today, whether evidence is about to vanish, whether a deadline is close. The person asking may be excellent at the job. They are still not giving you a legal opinion, and you shouldn't hear one. Whether the firm takes the case, and on what terms, is a lawyer's decision, or at the very least one a lawyer supervises. Before you hang up, ask three things. Does a lawyer look at my paperwork before you decide? Who's watching the clock on deadlines? And when do I get something in writing, an engagement agreement or a letter saying no thanks?
Intake scripts are built for the typical case. Yours might not be typical. Maybe a government vehicle was involved. Maybe a defective product, or a child, or a death. Maybe there's an employer in the picture or a defendant in another state. Any one of those can mean the file needs to get to a lawyer fast, and a script won't catch it unless you have a way to say so. Tell the firm about pending offers. Tell them about written claim denials, surveillance notices, anything that could be destroyed. They should tell you, in turn, whether the first screening is just preliminary and what other records they need. One more thing. Until you're actually represented, don't assume any lawyer is watching your limitations period for you.
Once you've signed, a responsible lawyer should lay out an investigation plan. The team may order records, track down witnesses, or get in touch with insurers. The lawyer decides which liability theories and which defendants are worth chasing, and when to bring in specialized help. How much gets delegated varies from firm to firm. What you can fairly expect is one clear point of contact, plus a way to get a legal question in front of an attorney who knows your file.
Lawyers, paralegals, case managers, and experts do different work
Paralegals and case managers are the ones who make a case move. They're organizing medical records, chasing providers who haven't sent anything, tracking bills, coordinating document requests, keeping you posted on the routine stuff. A private investigator might find a witness or photograph the scene. A specialist might work through the engineering, or the medicine, or the economics, or the vocational questions. None of that is optional in a serious case. But all of it has to connect back to a lawyer's read on the legal issues, or it's just activity.
Some questions belong in a conversation with an attorney. Whether to sue. What a settlement really means for the value of your claim. How comparative responsibility cuts into it. Whether a motion puts the case at serious risk. Certification doesn't require the certified lawyer to send every records request, but delegated work still needs real supervision. Hearing from staff every week tells you nothing about whether counsel watched the decisive video or read the proposed release. If a question needs an attorney's answer, ask for a conversation with the responsible lawyer. And find out which developments the firm routes to counsel automatically. Texas Disciplinary Rule 5.03.
Look, nobody expects the lawyer to sit at the fax machine sending records requests, or to call the imaging center to book your appointment. That was never the point. The point is that whoever does a task is trained for it, and that the legal questions, the ones that change the outcome, are supervised by an attorney. A decent firm can explain how that works in its office without telling you its strategy and without pretending that every file gets the same treatment. They don't. They can't.
Who decides what evidence must be preserved
Preservation starts early, usually before there's anything you'd call a file. A case manager can collect your photos and figure out who saw what. Real work, and it matters. But what to go after is a lawyer's decision. The store's camera footage? The truck's electronic data? The driver's records, the broken part, the maintenance history, the employer's incident reports? Which of those matters depends on what happened and which sources you can actually name. And naming them is the trick. A request that identifies the right camera and the right hour will usually get you more than a letter demanding “all evidence.”
Then the follow-through, which is where things get lost. Who writes the preservation letter? Who signs it? Who calls when nothing shows up, and what happens when the other side says it never had the footage or the system wrote over it? A signed letter does not save a video. Somebody still has to nail down the time window and the cameras, find the custodian, learn the retention cycle, ask whether a backup exists. After suit is filed, counsel has discovery to work with, and the judge if it comes to that. The whole way through, there should be a paper trail. What was asked for. When. What came back.
Some evidence is already in your hands. Keep your photos in their original format. Keep the texts, the damaged items, the receipts, the treatment records. Tell the firm about social media posts or recording devices, including the ones that don't help you. And ask a lawyer before you repair, throw out, or test anything the other side may want to inspect. Your legal team should spell these responsibilities out in plain English instead of leaving you to work them out from a form letter.
Who works with the medical evidence
Collecting records is clerical. Reading them isn't. Whether a stack of medical records helps your claim or hurts it is a legal question, sometimes an expert one. A provider's report can document an injury and say nothing about who caused it. A chart can carry a history that doesn't match yours, or a condition you had before, or a prognosis nobody will commit to. Somebody with a law license should be working through those problems, deciding what more proof is needed, and sitting across from you explaining what's uncertain. Staff can build the timeline. They should. What shouldn't happen is the causation theory riding on a summary nobody with legal training ever checked.
Future damages are where a file gets sloppy if nobody's watching. More treatment ahead? Then the plan for it has to rest on real medical evidence and on assumptions that survive a cross-examination. Lost earning capacity drags in employment records, tax returns, vocational and economic information. And there will be an argument about what the old medical bills were reasonably worth, plus a second one about who gets paid back out of the recovery. Who at the firm catches those issues? Which experts might they hire? Who approves the cost? The right answer is specific to your case. It is not a promise to retain everyone in the phone book.
Don't go get treatment just to build a claim. Medical decisions belong to you and your doctors. The legal team's job is to get accurate records, tell you what information it needs, and account for your treatment and your finances when it sizes up a settlement. If a provider recommends a major change in your care, tell the firm right away. The damages picture and your future needs may have just changed.
Who negotiates and who decides whether to accept an offer
Negotiation might mean the lawyer writing the demand, talking to the adjuster, sitting through the mediation. Or handing some of that off and supervising. Either can work. What you need to know, whichever way it's done, is who said each number, whether it's an opening position or a final proposal, and what comes out of the gross figure for costs and repayment claims before a dollar reaches you. Will an attorney go over a significant offer with you personally? Will you get an estimate of the net? Ask both. And make the estimate say which assumptions are still unsettled.
Your lawyer advises. You decide whether to settle. Not a courtesy, a rule. Texas Disciplinary Rule 1.02(a)(2). It's a hard decision, because pressing on costs money and time and nobody can promise the outcome. So what should the advice look like? The offer, set next to the evidence you expect to have and the realistic road ahead. The deadline, if there is one. What the release actually does once you sign it. Whether other defendants or other claims are still in play. What the advice should never be is a bare “take it” or “reject it.” Not with this much riding on it.
Ask how the firm records your settlement authority and what happens when you and your lawyer don't agree about strategy. Have that conversation straight. You may find the two of you tolerate different things: delay, testifying in public, financial pressure, the gamble of trial. That's fine, as long as the advice rests on your situation and the lawyer's judgment and not on how the result will look for the firm. Goals change as you learn more. Say so when yours do, and the recommendation should get another look.
Who signs pleadings, takes depositions, and appears in court
The lawyer who signs a pleading or stands up at a hearing answers for it, under the rules and the court's orders. More than one lawyer may touch your case, and assignments move as the litigation moves. So get specific. Who deposes the driver? The store manager? The corporate representative, the doctor? Who gets me ready for my own deposition? Who argues the motions that matter? A good answer names who is likely to do what and explains how the firm reshuffles when a calendar breaks or the case turns out harder than it looked.
Courtroom experience matters most when it's aimed at the proof your case needs. A first-chair record says something real: this lawyer has carried the weight at trial before. It doesn't say he knows the witnesses in your case, or that he'll be available on a trial date nobody has set. Ask how trial counsel gets chosen, and when. Ask whether other lawyers, outside counsel included, might come in. If there's a referring lawyer or co-counsel involved, ask how they divide the work and how you end up with one set of advice instead of two.
Can a lawyer who parachutes in shortly before trial master a well-prepared file? Sometimes. Depends on the lawyer. Depends on the file. The better questions reach back further. Who sat in the key depositions? Who shaped what the experts disclosed? Who found the defense's best evidence? Who has a plan for getting the exhibits authenticated? Those answers tell you far more than a promise that a famous name will “step in” at the end.
What to expect from supervision and quality control
How does the firm track deadlines? How are tasks assigned, and how does an attorney end up actually reading the documents that matter? Ask, because a file can generate a great deal of staff activity while nobody reviews the strategy. Certain things should hit a lawyer's desk every single time. A limitations period about to run. A witness nobody knew about. A liability denial. A serious change in your medical condition, a material expert opinion, a significant offer, a ruling that went against you. The firm doesn't owe you a tour of its workflow. It owes you a straight answer about how things get escalated and who is accountable when they are.
Good supervision also means owning mistakes. A records request went unanswered. A call never got returned. It happens. What matters is that somebody looks into it and fixes it, and that you know who to call when the usual channels go quiet. A certified lawyer at the top of the letterhead doesn't make administrative errors disappear. Problems fixed in the open, with timely legal review, protect your case. A line about how the office “never misses anything” protects nothing.
You're part of this too. Read what the firm sends. Check the factual summaries against your own memory. If the demand letter has the events in the wrong order or names the wrong employer, say so the day you see it. You know things the lawyer can't. The lawyer knows how those things play in a legal claim. It takes both of you. None of that moves the burden of legal strategy onto you, the person who got hurt.
Fees, expenses, and work outside the original scope
Before you sign with anyone, read the agreement. The whole thing. How is the contingent fee figured? Does the percentage step up after a lawsuit is filed, or on appeal? How are litigation expenses handled, and who eats them if there's no recovery? If you're worried a phone call or some piece of work could turn into a separate bill, make the firm tell you exactly when that happens. The agreement should also say who the client is, what the representation covers, and whether a referral or joint-counsel arrangement is part of it. “No fee unless you recover” on a website answers none of the questions about expenses, liens, or what happens if you and the firm part ways. Texas Disciplinary Rule 1.04(d)–(g).
Suppose a new defendant surfaces. Or an appeal. Or a separate fight with an insurer, or a related claim belonging to someone in your family. Covered by the engagement? Don't assume. One injury can produce several legal tracks, and counsel should explain the scope before you take it for granted that everything is included. When several family members are represented together, potential conflicts and the split of a limited recovery may need their own attention. Your lawyer should tell you when something needs separate authorization, or a different lawyer entirely.
A certification doesn't settle any of this. It doesn't set the fee and it doesn't answer the questions above. Compare the agreements themselves: what services are on offer, and whether the firm can actually fund and manage the work your case is going to need. A lower percentage isn't automatically the better deal. A higher one doesn't prove greater skill. Get real answers, and take the time to understand them before you sign anything.
If responsibility changes during the case
Lawyers leave firms. They become unavailable, pick up conflicts, bring in a colleague who knows a specialty. Cases get more complicated as facts come in, or simpler. When staffing changes in a way that matters, you should hear about it, so you know who is responsible now and whether the arrangement still works for you. Did the departing lawyer actually hand the file off? Who has read the record since? Are the deadlines on the calendar covered? Ask.
If you're unhappy, say so early, and be specific. Can't reach your lawyer? A settlement question nobody answered? No idea where the claim stands? Updates that keep not arriving? Name the problem and the firm may be able to fix it. You generally have the right to choose your representation. But switching lawyers mid-litigation raises fee, lien, scheduling, and court issues, and those need individual advice. Whatever else you do, don't let frustration carry you past an important deadline while you shop for someone new. Texas Rule of Civil Procedure 10.
Continuity matters most at two moments: right before mediation, right before trial. Whoever advises you on settlement should know what you want and should know the evidence on both sides, not just yours. Trial counsel should know what was said under oath earlier and what commitments were made in discovery. If someone new comes in at that stage, ask to meet them and ask them to walk you through the immediate plan. A file transfer is not a handoff.
Ten questions that reveal the staffing plan
Who is the attorney primarily responsible for my case? What specific role will the board-certified attorney have? Who will assess legal deadlines and send preservation requests? Which team member will request and review medical records? Who decides whether to hire an expert and how are those expenses approved? Who will take significant depositions and argue motions? Who reviews offers with me, including a projected net recovery? Who would be trial counsel if the case is set for trial? How do I reach an attorney about an urgent issue? How will you notify me if the staffing or scope changes?
No firm can tell you today who will do what two years from now. It can tell you who is accountable today, what work comes next, and how decisions get made if things change. Write the answers down. Later, compare them with your engagement agreement and with what the firm actually tells you as the case goes on. You're not micromanaging a legal team. You're trying to understand the relationship you're about to enter.
Frequently asked questions
Can an associate try my case? An associate may end up with a significant role. It depends on experience, staffing, the court's schedule, and what you agreed to. Find out who's expected to lead at trial, when the firm will decide, and whether another lawyer may join. A website bio won't answer any of that.
What if my engagement letter names only the firm? Common. A professional corporation can be the party to the contract while several attorneys do the actual work. So ask for a name. Which lawyer is responsible for my file? Who supervises the work? Who reviews the big decisions? Write that person's contact information down somewhere you'll find it, and if the assignments change, ask for an update.
How can I tell whether a lawyer is reviewing my matter? Wait for a real decision point, then ask four things. What's the current liability theory? What's the most important piece of proof we don't have yet? What's the main defense? What's the next investigative step? When an offer comes in, ask why the firm recommends what it recommends and what your net recovery would be. Specific answers tell you something. Automated status emails tell you nothing.
What if my attorney is unavailable when something urgent happens? Ask up front how the office escalates time-sensitive issues when your lead lawyer is in trial or out of town. When you send the message, include the deadline and the relevant document. If a legal right is about to expire and you can't get a timely response, get independent advice immediately and keep a record of every attempt you made to reach the firm.
Founding Attorney
Aaron A. Herbert is a Texas attorney, Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Education
- Texas A&M University (B.S. Criminal Justice, 1999)
- University of Oklahoma College of Law (J.D., 2002)
Professional background
For over a decade he has shown an unwavering commitment to clients who were seriously injured by major accidents and industrial catastrophes. During that time he has earned the reputation as one of America’s most aggressive trial lawyers by achieving noteworthy recoveries from judges and juries, as well as substantial settlements prior to trial, the majority of which contained negotiated confidentiality agreements at the request of the defense. When asked about these cases, Mr. Herbert has said that each case not only justified the recovery level, but that no one would trade places with any one of these victims in return for any amount of money, once they know the facts and severity of the injuries and tragedy involved. According to Mr. Herbert, “there can be no substitute for passion, preparation and persistence in the practice of law.” He is known not only for this tenacious preparation, but also for his imagination in the courtroom. He is passionate and persistent in seeking to obtain the maximum case value for each individual client at trial or through settlement, while reducing the stress of litigation on his clients.
Born and raised in Dallas, Texas, Mr. Herbert enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. After the Marines, he obtained a Bachelor of Science in Criminal Justice from Texas A&M University, then a Juris Doctorate from the University of Oklahoma College of Law. There he graduated in the top of his class and became an eternal Sooners Football fan. Aaron has worked as a zealous advocate for injured clients at several boutique personal injury litigation firms where he amassed numerous jury verdicts. After spending a year as the top earning litigation attorney at a firm that frequently tops verdict search as one with the highest number of trial wins in Texas, Aaron accepted a position as the managing pre-litigation attorney at another Dallas personal injury firm. Over the next seven years he transitioned to the managing litigation attorney, and that firm grew to one of the largest personal injury firms in Dallas. In 2010 he formed the Law Firm of Aaron A. Herbert, to get back to a focus on developing each individual case and maximizing case value for each client.
Mr. Herbert practices law with the belief that a well taken care of, highly engaged and motivated team of employees working in a cooperative team environment will result in superior representation and great results for the firm clients. He believes in always setting a goal of achieving the best possible results for each and every client.
Professional affiliations and publication
Professional Associations
- Licensed to practice in Texas (2002)
- Board Certified in Personal Injury Trial Law, Texas Board of Legal Specialization (2008)
Publications
- Litigating Dog Bite Cases, Texas Dog Law Seminar, Dallas 2009
Member
- State Bar of Texas
- American Bar Association
- American Trial Lawyer Association
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas County Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- National Trial Lawyers – Top 100 Trial Lawyers
Texas Bar #24036761 · The Law Firm of Aaron A. Herbert, P.C. · Dallas, Texas
This article provides general information, not legal advice for a specific case or a promise about any particular staffing arrangement. Ask the firm to confirm the scope and responsible attorney for your matter.