Texas Lawbook Reports on Appellate Victory in Pro Bono Case

The Texas Lawbook reports on a significant appellate victory in a pro bono case addressing the jurisdiction of Texas courts over out-of-state attorneys.

The article examines an October 8 ruling by the Fort Worth Court of Appeals, which revived a declaratory relief claim against a California attorney and his law firm following a dispute over alleged efforts to intimidate a witness in Texas litigation.

At the center of the dispute is a letter that sought to pressure a witness in a Texas action, Dawn Kane, into altering her testimony, giving her just two days to do so. Such letter was sent by lawyers that previously represented Kane in the same dispute. Such conduct prompted Kane to challenge the attorneys’ conduct in court.

The appellate court determined that the California attorney’s admission pro hac vice and participation in the underlying Texas litigation supported the exercise of personal jurisdiction. The ruling now allows Kane’s declaratory relief claim to proceed, while underscoring a consequential principle: attorneys who invoke the authority of Texas courts cannot retreat behind state lines when called to account for their litigation-related conduct.

“A lawyer cannot come into a Texas courtroom, invoke its authority, and then retreat across state lines when called to account for conduct tied to that litigation,” said William A. Brewer III, who, along with attorneys of the Dallas-based Brewer Storefront, the pro bono affiliate of Brewer Attorneys & Counselors, represented Kane. “Pro hac vice admission is a privilege, not a license to play by a different set of rules.”

Read more here: Fort Worth Appeals Court Rules Pro Hac Vice Admission Opens Door to Texas Lawsuit Against California Lawyer and Firm - The Texas Lawbook