law-attorney-client-disputes | legal malpractice
Anglo-Dutch Petro Int. Inc. v. Greenberg Peden, P.C.,
No. 08-0833 (Tex. Aug. 26, 2011)(Opinion by Justice Nathan Hecht)(contract construction, legal services
agreement not ambiguous and not a jury issue)
The parties dispute whether an attorney fee agreement is ambiguous. The client contends that an agreement on
law firm letterhead, signed by a lawyer on behalf of the firm, is with the firm, not with the lawyer personally. The
lawyer counters that his use of personal pronouns in the agreement, as well as surrounding circumstances,
create an ambiguity that must be resolved by a jury. We agree with the client and therefore reverse the judgment
of the court of appeals.
ANGLO-DUTCH PETROLEUM INTERNATIONAL, INC. AND ANGLO-DUTCH (TENGE) L.L.C. v. GREENBERG
PEDEN, P.C. AND GERARD J. SWONKE; from Harris County; 14th district (14-07-00343-CV, 267 SW3d 454,
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Johnson, Justice Willett,
and Justice Guzman joined. [pdf]
Justice Wainwright delivered an opinion concurring in part and dissenting in part. [pdf]
Justice Lehrmann delivered a dissenting opinion, in which Justice Medina and Justice Green joined. [pdf]
Link to e-briefs including amicus briefs:
ANGLO-DUTCH PETROLEUM INTERNATIONAL, INC. v. GREENBERG PEDEN, P.C.
08-0284 ERNEST BUSTOS v. SCHWABE, WILLIAMSON & WYATT, P.C.; from Bexar County; 4th district
(04-07-00081-CV, ___ SW3d ___, 01-23-08)(suit by law firm against client over fees, DTPA counterclaim,
motion to recuse judge denied)
08-0440 ELISABETH S. BROCKIE v. BRIAN L. WEBB AND WEBB & ACKELS, P.C.; from Dallas County; 5th
district (05-06-01711-CV, 244 SW3d 905, 02-11-08) as redrafted (attorney-client disputes, divorce attorney's
fees collection, intervention, counterclaim)