Litigator of the Week: Loud Dallas Lawyer Wins Acquittal of Fellow Attorney by Shutting Up
David Finn is the kind of trial lawyer most people want when they're facing 30 years in prison. He's loud, is not above pounding tables, and will do just about anything to have the last word before a jury.
January 04, 2018 at 07:52 PM
4 minute read
Tiffany Talamantez and David Finn.
David Finn is the kind of trial lawyer most people want when they're facing 30 years in prison. He's loud, is not above pounding tables, and will do just about anything to have the last word before a jury.
But the aggressive Dallas attorney took a different approach to win a recent acquittal for a fellow lawyer accused of bank fraud—he just shut up.
Finn's client, James B. Wright, is a Mississippi real estate attorney who was indicted last year in the Eastern District of Texas on charges of conspiring with two businessman to make false statements to a Dallas bank in the course of closing numerous real estate transactions.
During a weeklong, document-heavy trial, a federal prosecutor alleged Wright conspired with two businessmen to provide false closing statements to obtain federally backed mortgage loans from PrimeLending.
Specifically, the government claimed Wright, a title attorney, worked with the businessmen to locate buyers for property for a fee and submitted separate closing statements—one to the bank that did not disclose the fee and another to the buyers and sellers that did.
Finn used his full-volume, demonstrative style to argue that Wright didn't defraud anyone and that it's not unusual to have two separate closing statements when the buyers and seller of property are from different states.
“David is kind of loud,” Wright said. “The acoustics were horrible in that courtroom, but the jury had no problem hearing David.”
But when it came time to give the crucial closing argument in the case, Finn decided to turn his volume down completely by handing that job over to his co-counsel Tiffany Talamantez, a young Dallas lawyer with four years of experience.
Finn said he feared his abrasive style as lead attorney didn't go over well with some of the female jurors.
“I figured we'd be able to communicate better if it wasn't high octane Finn all the time. People respond better to different voices,” Finn said. “I was self-aware enough to know I may have rubbed some of the jurors the wrong way. And I thought at that particular point in time it might have paid dividends.”
“I was thinking now some of the female jurors will think maybe he's not such an ass,'' Finn explained. “Giving up the microphone and the last word—that that guy would give up the chance to make the closing argument—I think the prosecution was shocked.''
Talamantez, who cross-examined two witnesses in the trial, was also shocked Finn gave her the chance to make her first-ever closing argument before a federal jury.
“I was passionate,” Talamantez said of her closing argument. “But I think what made me able to get up there, and the nerve to do it was I really believed in what we were saying. I had a genuineness that came through, but I wasn't raising my voice or pounding my fist or pointing at anybody. I truly believed that he was not guilty.”
The tactic worked because the jury indeed found Wright not guilty on Dec. 22. His co-defendant, Brett Immel of Chicago, was also found not guilty. Another co-defendant, Daniel C. Bomar, pleaded guilty last year and awaits sentencing.
The jury's verdict was remarkable because it was the first full acquittal before U.S. District Judge Amos Mazzant of the Eastern District of Texas in his three years on the bench.
Chris Eason, an Eastern District assistant U.S. attorney who prosecuted the case, did not return a call for comment.
Wright was so pleased with Finn's representation that he wrote a commendation letter to the Dallas Bar Association praising his lawyer's performance.
“Having someone that believes in you and who leaves no stone unturned in your defense is awe-inspiring to watch. You all can be very proud that David Finn is a member of your association and he is someone that I will be grateful to for the rest of my life,” Wright wrote in the letter.
“I've been a lawyer from 27 years. I have been around,” Wright said of the trial. “But I have never seen someone in the courtroom doing the things he did. It was like watching a TV show. If I wasn't involved in it, I'd have probably enjoyed it more.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTexas Attorneys Put Civil Rights Nonprofits on Notice About Defaming Right-Wing Conservatives
3 minute readPaxton Boasts as Texas Supreme Court Splits on Disciplining First Assistant Attorney General
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250