law-unauthorized-practice-of-law-UPLC
TEXAS SUPREME COURT DECISIONS: UNAUTHORIZED PRACTICE OF LAW
Sells v. Drott, No. 07-0848 (Tex. July 11, 2008)(per curiam)
(default judgment set aside, unauthorized practice of law, pro se self-representation)
LAVERNA SELLS v. EARL DROTT; from Smith County; 12th district (12-07-00020-CV, ___ SW3d ___, 07-18-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral
argument, the Court reverses the court of appeals' judgment, vacates the trial court judgment, and remands the
case to the trial court.
Unauthorized Practice of Law Committee v. American Home Assurance Co., Inc.,
No. 04-0138 (Tex. Mar. 28, 2008)(Majority Opinion by Justice Nathan Hecht)(regulation of the legal profession,
staff attorneys)
UNAUTHORIZED PRACTICE OF LAW COMMITTEE [UPLC] v. AMERICAN HOME ASSURANCE COMPANY, INC.
AND THE TRAVELERS INDEMNITY COMPANY; from Dallas County; 11th district (11-02-00212-CV, 121 S.W.3d
831, 11-06-03)
The Court modifies the court of appeals' judgment and affirms that judgment as modified.
Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice
Wainwright, Justice Brister, Justice Medina, and Justice Willett joined.
Justice Phil Johnson delivered a dissenting opinion, in which Justice Green joined.
PETITIONS DENIED BY THE TEXAS SUPREME COURT
05-0130
UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. NATIONWIDE MUTUAL INSURANCE COMPANY AND SEAN
P. MARTINEZ; from Bexar County; 4th district (04-04-00184-CV, 155 SW3d 590, 12-08-04, pet denied March
2008) (Justice Green not sitting) (staff attorneys, UPLC)
In this appeal, we are asked to determine whether Nationwide Mutual Insurance Company's use of company staff
attorneys to defend insureds under liability policies is the unauthorized practice of law by the insurer. After the trial
court resolved this issue in favor of Nationwide, the Unauthorized Practice of Law Committee filed this appeal,
claiming the trial court erred by: (1) denying its plea to the jurisdiction; (2) denying its motion to transfer venue;
and (3) determining the insurance company's use of company staff attorneys to defend insureds under liability
policies is not the unauthorized practice of law by the insurer. We affirm.