Here, in this divorce action in Fort Bend County, the wife’s lawyer took her to a bank to open an account and oddly took photographs to document the event, the attorney hired the wife to work in her office in spite of pleading the wife was unable to work, and the attorney helped the wife “financially or otherwise” with her psychological treatment.  The court of appeals noted,” The hearing record reflects that there is no evidence that relator’s attorney is the only person in possession of facts regarding these allegations.  Thus it was not shown the testimony of relator’s attorney is necessary to establish an essential fact.”  The court of appeals also concluded there was “no evidence that actual prejudice would result if the attorney does testify as a fact witness.”  Mandamus granted.  In re Stone, 14th Court of Appeals, 14-13-00311-CV, 4/19/2013. ... Read More >