Law Offices Of Greg Enos

Galveston divorce lawyer | Galveston divorce attorney | Child custody lawyers Galveston

281-333-3030

Divorce and Child Custody

  • Facebook
  • Twitter
  • Home
  • PAYMENT
  • About
    • Greg B. Enos
    • Paul Enos
    • Shandon Tonry
    • Contact Us
    • Map
    • Galveston Divorce Attorneys
  • Divorce
    • Uncontested Divorce
    • Divorce Process
    • Divorce FAQS
    • Divorce for Business Owners
    • Divorce for Physicians and Dentists
    • Property Division
    • The Family House
    • Taxes & Divorce
    • Alimony
    • Adultery
  • Custody
    • Child Custody Questions
    • Child Support
    • Custody Evaluation
    • International / Interstate Custody Disputes
    • When a Child Can Choose?
  • Mongoose
  • Blogs
  • Links
    • Links
    • Contact Us
    • Map
    • The Mongoose
    • School Districts
    • Galveston Co. Courts
    • Harris Co. Courts
  • Videos

Dec 31

Attorneys Cannot Bill Clients for Motions to Withdraw

A lawyer cannot bill her client for the time spent preparing a motion to withdraw from the client’s case.  Lee v. Daniels & Daniels, 264 S.W.3d 273, 278 (Tex. App.-San Antonio 2008, pet. denied).  In that case, the attorney’s engagement letter said the client would,”pay for all time spent, costs and expenses incident to withdrawal as attorney of record to include, but not limited to, airfare, mileage, motel, and lodging.”

The Court of Appeals held:

Daniels [the attorney] sought reimbursement for all time spent in his efforts to terminate his attorney-client relationship with Cummings [the client] including time spent adversarial to his own client. None of that time was spent engaged in ” legal services” performed or rendered on behalf of Cummings, his client. Instead, Daniels spent that time engaged in services performed for his own benefit.  No lawyer could form a reasonable belief that time spent adversarial to the client and in pursuit of the lawyer’s own interests is the rendering of ” legal services” for the client. Thus, no lawyer could form a reasonable belief that fees incident to such time spent were reasonable. Therefore, we hold the particular withdrawal provision at issue here, which because of its broad nature allows the recovery of such fees, is unconscionable and contravenes Texas public policy as a matter of law.

We recognize our holding may impose a burden on a withdrawing attorney with legitimate reasons to terminate the attorney-client relationship. Frankly, however, our ethical and fiduciary obligations require no less. It is simply one of the costs that must be borne by a professional who operates under the mantle of a fiduciary duty. As a professional, an attorney’s relationship to his client is not to be guided by ” the morals of the marketplace.”  Otherwise, we relegate our profession to an ordinary business relationship.

Category:Attorney's Fees |

Recent Posts

  • Who Moves Out of the House During Divorce?
  • How to Prepare for Your First Divorce Mediation Session
  • Donors Hold Off on Donation Until Beto O’Rourke Decides to Run
  • Laudanum
  • Election 2018

Categories

  • Agreement Incident to Divorce
  • Alcoholism and Drug Addiction
  • Amicus Attorneys
  • Attorney Disqualification
  • Attorney's Fees
  • BAKER STREET BAZAAR
  • Book Review
  • Business Valuation
  • Characterization
  • Child Custody
  • Child Support
  • Community Property
  • Constitutional Rights
  • Court Appointment Abuse
  • Crimes in the courtroom
  • Criminal law and family law
  • Default
  • Discovery
  • Dismissal summary judgment
  • Divorce
  • Domestic Violence
  • Doug York
  • E-Filing
  • E-Filing and Service
  • Election 2018
  • Electronic Evidence
  • Enforcement
  • Enos Legal Directories
  • Evidence
  • First Divorce
  • Galveston County
  • Gary Polland
  • Good Judges
  • Grandparents' custody and visitation
  • Harris County
  • Hearsay
  • Illegal Evidence
  • Injunctions
  • Injury Settlements in Divorce
  • Intervention
  • Judge Alicia Franklin
  • Judge Denise Pratt
  • Judge Problems
  • Judgment Nunc Pro Tunc
  • Julia Maldonado
  • Jury Trial
  • Law firm billing
  • Local Legal News
  • Mandamus
  • Modification
  • Mongoose Blog
  • Orders entry nunc pro tunc
  • Pleadings
  • Poetry and Prose
  • Politics and elections
  • Possession and visitation
  • Property Division
  • Recusal
  • Reimbursement
  • Religion and Philosophy
  • Rules of Civil Procedure
  • Separate Property
  • Spousal Maintenance (Alimony)
  • Ted Cruz
  • Temporary Orders
  • Tracing Separate Property
  • Trial
  • trial by consent
  • TRUMP REALITY
  • Uncategorized
  • Undivided Assets
  • US Supreme Court
  • Useful forms
  • Valuation
  • Venue and Transfer
  • Visitation and Possession
  • Waste / Fraud
  • Witnesses

Archives

  • April 2022
  • April 2019
  • November 2018
  • October 2017
  • June 2017
  • April 2017
  • January 2017
  • February 2016
  • March 2015
  • January 2015
  • December 2014
  • September 2014
  • February 2014
  • January 2014
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • February 2013
    • Home
    • Blog
    • Contact Us
    • Map
    • Site Map
    facebook twitter

    17207 Feather Craft Lane, Webster, Texas 77598

    © 2013 The Enos Law Firm, PC. All rights Reserved.

    Popup Content