In American Resource Technologies, Inc. v. Oden, Civil Action No. 3:13-CV-04419-B, 2014 WL 6884243 (N.D. Tex. Dec. 8, 2014), the court held that a lawyer cannot always withdraw from a case when a client fails to pay fees and costs owed to the lawyer. In this case, the plaintiffs’ lawyers moved to withdraw under Rule 1.15(b), which permits withdrawal if either: “the client fails substantially to … [Read more...]
Sanctions against lawyers upheld on appeal
The Sixth Court of Appeals recently affirmed a judgment for sanctions against 2 lawyers for filing a groundless claim against my client. Previously, the trial court sanctioned the 2 lawyers for filing a claim against my client in bad faith and which was groundless and filed for purposes of harassment. The trial court awarded over $30,000 in sanctions against the 2 lawyers. On appeal, the Court of … [Read more...]
How to Sue a Texas Lawyer For Malpractice
Before you pursue a legal malpractice case against your lawyer, one of the first things you should do is obtain your file. The file belongs to the client, not the lawyer, so you are entitled to it upon request. Make sure you get the original file — not a copy. If the lawyer wants a copy, he can make a copy at his own expense. Once you have your file, it should be reviewed thoroughly for … [Read more...]
Ethical Issues Involving Attorney-Client Contracts
Over the course of my career, I have represented numerous plaintiffs in legal malpractice claims against lawyers. Consequently, I have reviewed many attorney-client contracts. Several potential problem areas that I have observed in attorney-client contracts are: 1) termination provisions, 2) non-refundable retainer provisions, 3) consent to settle provisions; and 4) arbitration provisions. … [Read more...]
The duty to inform a client that another lawyer was negligent
Can a lawyer be liable for failing to inform a client that another lawyer was negligent in representing the client? Yes. As a fiduciary, an attorney is obligated to render a full and fair disclosure of facts material to the client’s representation. Willis v. Maverick 760 S.W. 2d 642, 645 (Tex. 1988). Whether a previous lawyer was negligent may be material to the client’s representation for many … [Read more...]
Common Problems in Client-Attorney Contracts
Attorney-client contracts are unique because there are ethical considerations overlaying the contractual relationship between the parties. Attorneys cannot circumvent their ethical obligations by inserting language to the contrary in a contract with the client. The Texas Supreme Court has explicitly refused to allow attorneys to contract away their ethical obligations. See, Hoover Slovacek L.L.P. … [Read more...]
