law-unauthorized-practice-of-law-UPLC | pro se litigants | suit as next friend on behalf of another
TEXAS SUPREME COURT DECISIONS: UNAUTHORIZED PRACTICE
Sells v. Drott, No. 07-0848 (Tex. July 11, 2008)(per curiam)
(default judgment set aside, unauthorized practice of law, pro se self-representation)
LAVERNA SELLS v. EARL DROTT; from Smith County; 12th district (12-07-00020-CV, ___ SW3d
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment, vacates the trial court
judgment, and remands the case to the trial court.
Unauthorized Practice of Law Committee v. American Home Assurance Co., Inc.,
No. 04-0138 (Tex. Mar. 28, 2008)(Majority Opinion by Justice Nathan Hecht)(regulation of the legal
profession, staff attorneys)
UNAUTHORIZED PRACTICE OF LAW COMMITTEE [UPLC] v. AMERICAN HOME ASSURANCE
COMPANY, INC. AND THE TRAVELERS INDEMNITY COMPANY; from Dallas County; 11th district (11-
02-00212-CV, 121 S.W.3d 831, 11-06-03)
The Court modifies the court of appeals' judgment and affirms that judgment as modified.
Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill,
Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined.
Justice Phil Johnson delivered a dissenting opinion, in which Justice Green joined.
PETITIONS DENIED BY THE TEXAS SUPREME COURT
MAE H. MCCRIMMON & LULA MAE CRETON v. BARRON TAYLOR D/B/A B-SURE MORTGAGE, ET
AL.; from Harris County;
1st district (01-08-00644-CV, ___ SW3d ___, 02-19-09, pet. denied July 2009)(motion to show
authority, unauthorized practice of law)
We hold that Greene and McZeal cannot sue as pro se “next friends” on behalf of adults who have
never been declared incompetent, and we therefore affirm the trial court’s dismissal of the case.
UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. NATIONWIDE MUTUAL INSURANCE COMPANY
AND SEAN P. MARTINEZ; from Bexar County; 4th district (04-04-00184-CV, 155 SW3d 590, 12-08-
04, pet denied March 2008) (Justice Green not sitting) (staff attorneys, UPLC)
In this appeal, we are asked to determine whether Nationwide Mutual Insurance Company's use of
company staff attorneys to defend insureds under liability policies is the unauthorized practice of law
by the insurer. After the trial court resolved this issue in favor of Nationwide, the Unauthorized
Practice of Law Committee filed this appeal, claiming the trial court erred by: (1) denying its plea to
the jurisdiction; (2) denying its motion to transfer venue; and (3) determining the insurance company's
use of company staff attorneys to defend insureds under liability policies is not the unauthorized
practice of law by the insurer. We affirm.