No. 23-815

Laurie Ann McRay, et al. v. Dow Golub Remels & Gilbreath PLLC

Lower Court: Texas
Docketed: 2024-01-30
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: attorney-client-relationship attorney-fees counterclaims due-process judicial-fairness legal-ethics legal-malpractice prosecutorial-fees substitute-counsel summary-judgment trial-procedure
Key Terms:
ERISA DueProcess
Latest Conference: 2024-05-30 (distributed 2 times)
Question Presented (AI Summary)

When a law firm sues its own clients, are the clients' Due Process rights violated?

Question Presented (from Petition)

QUESTIONS PRESENTED When a law firm sues its own clients, demanding an award for both alleged past-due attorney’s fees and then attorney’s fees for prosecuting the lawsuit against its clients, are the clients’ Due Process rights violated when the sued clients: (1) were denied the ability to retain substitute counsel, as well as adequate time for newlyretained counsel to prepare for the upcoming trial; (2) were denied the ability to present evidence, including expert testimony, defending against the law firm’s accusations and in support of the clients’ counterclaims; and (3) were ultimately ordered to compensate the law firm for “prosecutorial attorney’s fees” that were never paid by the law firm but were instead complimentarily provided by the law firm’s legal malpractice carrier, resulting in a windfall to the suing law firm?

Docket Entries

2024-06-03
Rehearing DENIED.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-04-24
2024-04-01
Petition DENIED.
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-02-29
Waiver of right of respondent Dow Golub Remels & Gilbreath PLLC to respond filed.
2024-01-24
Petition for a writ of certiorari filed. (Response due February 29, 2024)

Attorneys

Dow Golub Remels & Gilbreath PLLC
Robert Paul DebelakMcDowell Hetherington LLP, Respondent
Robert Paul DebelakMcDowell Hetherington LLP, Respondent
Laurie Ann McRay, et al.
Kimberly S. KellerKeller Stolarczyk, PLLC , Petitioner
Kimberly S. KellerKeller Stolarczyk, PLLC , Petitioner