About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/rettlglyrs0062 and id is 1 raw text is: THE LAW GOVERNING LAWYERS 3D CHAPTER 1. REGULATION OF THE LEGAL PROFESSION TOPIC 3. CIVIL JUDICIAL REMEDIES IN GENERAL § 6. Judicial Remedies Available to a Client or Nonclient for Lawyer Wrongs Tex.App.2020. Cit. in sup. Attorney sued husband and wife who had hired him to review a personal- injury settlement that they had reached with husband's employer, seeking a declaratory judgment that he owned a 35% interest in an annuity and annuity payments they received under the settlement; husband and wife counterclaimed for breach of fiduciary duty. At the close of attorney's case, the trial court granted husband and wife's motion for a directed verdict, finding that the parties' attorney-fee agreement was unconscionable, and that, while husband and wife's counterclaim was untimely, they were entitled to disgorgement of attorney's fees. This court reversed in part, holding that husband and wife did not have an affirmative claim supporting the remedy of fee forfeiture, as required to recover disgorgement of fees. The court cited Restatement Third of the Law Governing Lawyers § 6 in noting that claims seeking equitable remedies were subject to legal bars such as statutes of limitations. Izen v. Lane, 614 S.W.3d 775, 792. CHAPTER 3. CLIENT AND LAWYER: THE FINANCIAL AND PROPERTY RELATIONSHIP TOPIC 1. LEGAL CONTROLS ON ATTORNEY FEES § 37. Partial or Complete Forfeiture of a Lawyer's Compensation Tex.App.2020. Com. (a) quot. in sup. Attorney sued husband and wife who had hired him to review a personal-injury settlement that they had reached with husband's employer, seeking a declaratory judgment that he owned a 35% interest in an annuity and annuity payments they received under the settlement; husband and wife counterclaimed for breach of fiduciary duty. At the close of attorney's case, the trial court granted husband and wife's motion for a directed verdict, finding that the parties' attorney-fee agreement was unconscionable, and that, while husband and wife's counterclaim was untimely, they were entitled to disgorgement of attorney's fees. This court reversed in part, holding that husband and wife did not have an affirmative claim supporting the remedy of fee forfeiture, as required to recover disgorgement of fees under Restatement Third of the Law Governing Lawyers § 37, Restatement of Restitution § 5, and the Restatement of Agency § 469. Izen v. Lane, 614 S.W.3d 775, 791. CHAPTER 4. LAWYER CIVIL LIABILITY TOPIC 2. OTHER CIVIL LIABILITY COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most