law-forefeiture-of-attorney's fee in legal malpractice cases | breach of fiduciary duty by attorney to client | fee
The Supreme Court held that forfeiture of an attorney’s fee is an appropriate remedy when an attorney breaches
his fiduciary duty to a client even in the absence of actual damages. Burrow v. Arce, 997 S.W.2d 229, 240 (Tex.
HOUSTON CASE LAW ON ATTORNEY FEE FORFEITURE
Hernandez v. Labella (Tex.App.- Houston [14th Dist.] Feb. 9, 2010)(Anderson)
(breach of settlement agreement in attorney malpractice case, settlement agreement enforced)(fee forfeiture for
breach of fiduciary duty by lawyer to client, election of remedies in breach of contract case, repudiation of
settlement agreement, anticipatory repudiation, rescission of contract)
REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Boyce
14-08-00327-CV Salomon Juan Hernandez v. Joseph J. Labella and LaBella Dennis & Associates, P.L.L.C.
Appeal from 284th District Court of Montgomery County (name of trial court judge not shown on docket)
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