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Steven M. Smoot's Legal Cases (4)

Houston, TX

Ethics and professional responsibility Lawyer at Houston, TX

Practice Areas: Ethics & Professional Responsibility, Business

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Ethics and professional responsibility

Arce v. Burrow

N/A

OUTCOME: Fee forfeiture for breach of fiduciary duty

Represented 46 clients in suing their former lawyers over the manner in which their cases were settled in a mass tort action. Claimed that some 123 cases were settled as part of an aggregate settlement ... . Supreme Court of Texas held that a lawyer may have to forfeit legal fees received even if the client suffered no actual damages if the lawyer committed a serious breach of fiduciary duty. Case was returned to trial court where it was resolved on the day of jury selection.

Ethics and professional responsibility

O'Quinn v. State Bar of Texas

N/A

OUTCOME: Anti-case running rules upheld

State Bar of Texas sued John O'Quinn for allegedly paying runners to solicit personal injury cases. O'Quinn contested the constitutionality of the State Bar rules prohibiting barratry. Supreme Court of ... Texas held that the anti-solicitation rules did not violate the 1st Amendment right to free speech. Case sent back to trial court were it was settled.

Ethics and professional responsibility

Tilzer v. Davis

N/A

OUTCOME: Kansas Supreme Court found aggregate settlement

Sued Kansas City lawyer over manner of settling 100's of claims against drug companies. Supreme Court of Kansas held that lawyer entered into an aggregate settlement of all the cases without making the ... required disclosures or securing the informed consent of the clients. Case sent back to trial court.

Ethics and professional responsibility

Lederman v. Prudential

N/A

OUTCOME: Claims held not subject to mandatory arbitration

Clients sued their former lawyers and Prudential over the manner in which all of the cases against Prudential were settled. New Jersey appellate court held that the claims against the lawyers and again ... st Prudential were not subject to mandatory arbitration.

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