law-attorney-client-disputes | legal malpractice | fiduciary relationships | breach of fiduciary duty |
ATTORNEY-CLIENT RELATIONSHIP
The attorney-client relationship is contractual. Vinson & Elkins v. Moran, 946 S.W.2d 381, 405 (Tex. App.—
Houston [14th Dist.] 1997, writ dism’d by agr.). An attorney must agree to render professional services for a
client. Id. In order to establish the relationship, the parties must either explicitly or by their conduct manifest
an intent to create it. Id. To make the determination of whether there was an agreement or meeting of the
minds to form such a relationship, courts must use objective standards of what the parties said and did.
Tanox, Inc. v. Akin, Gump, Strauss, Hauer & Feld, L.L.P., 105 S.W.3d 244, 254 (Tex. App.—Houston [14th
Dist.] 2003, pet. denied). One party’s subjective belief that such a relationship was formed is not sufficient.
See id.; see also Span Enters. v. Wood, 274 S.W.3d 854, 858 (Tex. App.—Houston [1st Dist.] 2008, no
pet.) (“We determine whether an [attorney-client] contract can be implied using an objective standard, . . .
and we do not consider [the parties’] unstated, subjective belief.”). Under Texas law, an attorney-client
relationship terminates upon completion of the purpose of the employment, absent an agreement to the
contrary. Stephenson v. LeBoeuf, 16 S.W.3d 829, 836 (Tex. App.—Houston [14th Dist.] 2000, pet.
denied).
PETITIONS DENIED
08-0284 ERNEST BUSTOS v. SCHWABE, WILLIAMSON & WYATT, P.C.; from Bexar County; 4th district
(04-07-00081-CV, ___ SW3d ___, 01-23-08)(suit by law firm against client over fees, DTPA counterclaim,
motion to recuse judge denied)
08-0440 ELISABETH S. BROCKIE v. BRIAN L. WEBB AND WEBB & ACKELS, P.C.; from Dallas County; 5th
district (05-06-01711-CV, 244 SW3d 905, 02-11-08) as redrafted (attorney-client disputes, divorce
attorney's fees collection, intervention, counterclaim)