October Newsletter

Happy Fall Y’all! Fall has officially arrived. It doesn’t quite feel like it here in Texas with temperatures still in the 90s. While many of you look forward to the leaves changing and nice fall color, our falls tend to be brief as we seem to miss fall and go straight from summer to winter. Despite the weather, there are many great things that come with the fall: football, pumpkin spice everything, and here in Dallas, the Great State Fair of Texas. My family looks forward to enjoying an original Fletcher’s corny dog, various other fried foods (cookie dough, butter, oreos, and countless others), riding some midway rides, and checking out the auto show. My niece will be showing a steer and three sheep at the fair this year. For those not familiar with the State Fair of Texas, here are some fun facts:

• It’s the longest-running and largest state fair celebrating its 138th year this year.
• The Texas-OU football game is played every year at the fair.
• Big Tex Stands over 50 feet tall and wears a 95-gallon cowboy hat and size 96 boots.
• More than 2 million people will visit the fair over a 3-week run.
• More than 500,000 corny dogs will be eaten.

Joke of the month: Why did the scarecrow become a lawyer? (see answer at the bottom of the newsletter)

While most of our clients are great to work with, some unfortunately choose not to cooperate, which makes representation impossible. Sometimes we are never able to gain cooperation when asked to represent the client. In other instances, the client starts off cooperative but becomes uncooperative when it comes time for them to participate in the discovery process. Although it is impossible to say why any specific client chooses to be uncooperative, some appear to believe that if they ignore the lawsuit, it will go away on its own. Others think that no matter the outcome, it will not affect their lives. Some think, this is why I have insurance and it’s the insurance company’s responsibility now. When clients are not being cooperative, it is important to understand what our obligations are as defense counsel?

In 2018, the Professional Ethics Committee for the State Bar of Texas issued an ethics opinion that addressed this very issue, in part by interpreting the existing Texas Disciplinary Rules of Professional Conduct that govern attorneys’ conduct. According to the Rules, an attorney may withdraw from representing a client for several reasons, including the client not fulfilling an obligation to the lawyer regarding the lawyer’s services after being given a reasonable warning that the lawyer will withdraw unless the obligation is fulfilled, the representation has been rendered unreasonably difficult by the client, or other good cause for withdrawal exists. Rule 1.15(b)(5)-(7). The Opinion addresses the situation when a client fails to communicate with a lawyer who has been retained to defend them, and it is clear that in this circumstance, the lawyer may withdraw from the representation.

Still, even once a client has become uncooperative to the point where their attorney may withdraw, the duties owed by the attorney do not end. The Rules state that even once a lawyer plans to file a motion to withdraw from representing a client, they must continue to preserve the client’s “confidential information,” which includes both privileged and unprivileged client information. Rule 1.05(a). In a situation involving an uncooperative client, the Opinion states that part of the client’s confidential information includes the attorney’s reason for withdrawal. So, when withdrawing from representation of a client, an attorney is allowed only to provide a general explanation that professional considerations require withdrawal to the court.

Why is this important? Before we even begin representation, we have to first not only make contact with the client but also confirm they want us to represent them. We cannot appear and answer for a party we have not confirmed they want us to represent them. If the client becomes uncooperative during the course of the litigation, we will likely have no choice but to withdraw. In these situations, ethically, we can only report that professional considerations require withdrawal. Fortunately, this is not a frequent situation. However, when it arises, it is important to understand the obligations we have as counsel.  

We our proud to say that Aal Gray has passed the bar exam! Congratulation on this wonderful acomplishment!

At the recent TADC Annual Meeting, our very own Kristi Kautz was elected to serve as the Administrative Vice President for Programs for the next two years.  

Our attorneys came together for a thoughtful discussion on sanctions, led by Rachael Favret. These meetings allow our attorneys to share their insights into best practices, and ensure we continue delivering exceptional service.

Fred Arias, Steve Springer, and Mike Shipman went out and supported the seventh annual carrico/collins memorial golf classic for Denton High School.  

Joke of the month: Because he was out standing in his field!