overview
Nicholas Pierce is a commercial litigator with experience obtaining favorable results for large corporations, energy companies, and insurance companies in a wide range of cases, including construction, personal injury, product liability, subrogation and various other types of disputes. He has also prosecuted highly complex commercial and professional liability matters – primarily lawsuits against lawyers for falling below the standards of care and conduct owed to clients.
In the latter regard, Nicholas’s work in the professional liability arena has shaped Texas law governing lawyers, influencing critical issues such as expert testimony requirements, the application of the Texas Citizens Participation Act (TCPA) to legal malpractice claims, and the interpretation of the civil barratry statute, among others.
Clients count on Nicholas for not only achieving the results they need, but also for doing so in an especially skillful, thorough and meticulous manner. He is well known for adept management of every aspect of a case, from initial client consultations and the investigation of potential claims to drafting petitions, responding to written discovery, overseeing extensive document production, constructing and challenging privilege logs, crafting compelling briefs and motions, and presenting contested motions before the court. He has also played a pivotal role in initiating and defending fact and expert witness depositions. Nicholas has participated in mediations and served as co-chair or second chair in several arbitrations and trials.
outside the office
Nick and his wife recently welcomed a son, so, whenever he can, he greatly enjoys catching up on his sleep. He also plays in men’s soccer leagues (where he attempts to keep up with players in their early 20s), is a voracious reader, and roots on the Astros.
- Arbitration proceeding before the Honorable Murray B. Cohen; Arising From Cause No. 2014-12680; Marty McVey and McVey & Co. Investments, LLC v. Johnson, DeLuca, Kurisky & Gould, P.C.. et al.: Served as co-lead counsel in an arduous arbitration (voluminous written discovery with 1M+ documents produced, 10+ depositions, two-week arbitration hearing, extensive 100+ page post hearing brief, etc.), which resulted a finding of three intentional breaches of fiduciary duties against an AV rated lawyer as well as a $500K+ judgment.
- Cause No. 20CV35472; Laura Kontomitras v. Fairchild, Price, Haley & Smith et al.; In the District Court of Shelby County, Texas: Acted as lead counsel; oversaw all aspects of discovery (party depositions, securing declarations from crucial third-party witnesses including a key witness located in Africa, etc.); drafted an extensive response to the defendants’ summary judgment, including collaborating with a legal expert on a 20+ page report; and obtained a favorable high six-figure settlement for the client.
- Cesar Ornelas Law, PLLC Litigation: Represented several plaintiffs in litigation involving barratry claims (the unethical and illegal solicitation of clients); overcame TCPA and summary judgment motions; assisted clients with complaints filed with the Texas State Bar; and obtained favorable settlements for the clients.
- Cause No. 2021-77381; Paula Miller v. The Stano Law Firm et al.; In the 127th Judicial District Court of Harris County, Texas: Obtained a favorable settlement for a client despite facing difficult and novel legal issues (the validity of a contingency fee arrangement in light of the administrative suspension of an attorney, Texas State Bar rules governing attorney reinstatement post-suspension, and good cause for the termination of the attorney-client relationship).
- Cause No. 2018-29534; Marcus Laney Investments, Inc. et al. v. Chamberlain, Hrdlicka, White, Williams & Aughtry, P.C. et al.; In the 113th Judicial District Court of Harris County, Texas: Served as lead counsel in dispute concerning the attorneys’ failure to obtain adequate informed consent to joint representation of partners in the formation of a new entity; conducted case-saving rehabilitation of client’s deposition testimony; and obtained favorable settlement for the client.
Professional
- Houston Bar Association
- Houston Young Lawyers Association
- Houston Trial Lawyers Association
