The San Antonio Court of Appeals reaffirmed that the fact that an attorney for one of the parties may also be a witness does not require disqualification under Rule 3.08 of the Disciplinary Rules of Professional Conduct. In this case, counsel for the relator was a potential witness with knowledge of some arguably relevant facts. The
attorney
Rule 11 not conclusive evidence of attorney’s authority to settle case
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals has held that a settlement agreement by Rule 11 did not support summary judgment because the client challenged her counsel’s authority to sign the Rule 11. In this case, a plaintiff settled a case by a Rule 11 Agreement. Later, she brought suit against the same party she had settled with…
Attorneys may be deposed as fact witnesses
By Byron Henry on
Posted in Opinions & Judgments
In a brief memorandum opinion, the Dallas Court of Appeals affirmed that attorneys may be deposed as fact witnesses while counsel in the underlying litigation. Here, the trial court denied a party’s motion to compel the deposition of the opposing party’s lawyer. The court of appeals stated that "[t]he mere fact that a fact witness…
Client’s malpractice claim must be arbitrated
By Byron Henry on
Posted in Opinions & Judgments
The Houston (14th) Court of Appeals recently held that a fee agreement that included a mandatory arbitration agreement does not violate public policy. In this case, the attorney had included an arbitration clause requiring arbitration in Harris County under the Federal Arbitration Act (FAA)according to American Arbitration Association rules. When the client brought suit against the…
District Court Lacks Authority to Issue Injunction Against Attorney General
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals vacated a portion of a district court’s order directing the Office of Attorney General to remit payments to a private company that collects and disburses child-support payments for a fee. Pursuant to Texas Government Code sec. 22.002(c), the court of appeals held that only the Texas Supreme Court has the…