clear and serious violation in Texas

2018See id. (discussing that in a fee forfeiture case, the court should consider "the adequacy of other remedies and the public interest in protecting the integrity of the attorney-client relationship, as well as the weighing of all other relevant considerations" and "whether a clear and serious violation of duty has occurred"); Hudson , 162 S.W.3d at 688 (instructing that in a quantum-meruit case, once the jury decides the disputed fact issues, the trial court should weigh "all *742 equitable considerations (such as whether the defendant has been unjustly enriched, the plaintiff would be unjustly

2013Burrow, 997 S.W.2d at 237-38 ; Restatement (Third) of The Law Governing Lawyers § 37, cmt. b (“The remedy of fee forfeiture presupposes that a lawyer’s clear and serious violation of a duty to a client destroys or severely impairs the client — lawyer relationship and thereby the justification of the lawyer’s claim to compensation.”).

2009Bilodeau v. Webb, 170 S.W.3d 904, 916 (Tex. App.—Corpus Christi 2005, pet. denied).

2009Bilodeau v. Webb , 170 S.W.3d 904, 916 (Tex. App.—Corpus Christi 2005, pet. denied).

2004Bocquet v. Herring , 972 S.W.2d 19, 21 (Tex. 1998); Tex. Civ.

2004Bocquet v. Herring, 972 S.W.2d 19, 21 (Tex.1998); Tex. Civ.

2003See Burrow, 997 S.W.2d at 246 ("a trial court must determine from the parties whether factual disputes exist that must be decided by a jury before the court can determine whether a clear and serious violation of duty has occurred, whether forfeiture is appropriate, and if so, whether all or only part of an attorney's fee should be forfeited."); Jackson Law Office, P.C., 37 S.W.3d at 23 (same).

2003See Burrow, 997 S.W.2d at 246 (“a trial court must determine from the parties whether factual disputes exist that must be decided by a jury before the court can determine whether a clear and serious violation of duty has occurred, whether forfeiture is appropriate, and if so, whether all or only part of an attorney’s fee should be forfeited.”); Jackson Law Office, P.C., 37 S.W.3d at 23 (same).

2018See id. (discussing that in a fee forfeiture case, the court should consider "the adequacy of other remedies and the public interest in protecting the integrity of the attorney-client relationship, as well as the weighing of all other relevant considerations" and "whether a clear and serious violation of duty has occurred"); Hudson , 162 S.W.3d at 688 (instructing that in a quantum-meruit case, once the jury decides the disputed fact issues, the trial court should weigh "all *742 equitable considerations (such as whether the defendant has been unjustly enriched, the plaintiff would be unjustly

1999See, e.g., International Materials Corp. v. Sun Corp., 824 S.W.2d 890, 895 (Mo.1992) (en banc) (holding that complete forfeiture is not warranted unless there is a clear and serious violation of the lawyer’s duty destroying the client-lawyer relationship, thereby removing the justification for the lawyer’s compensation, and that recovery could be in quantum meruit for benefits conferred); Kidney Ass’n of Oregon, Inc. v. Ferguson, 315 Or. 135 , 843 P.2d 442, 447 (1992) (favoring consideration of factors in determining whether attorney’s fee should be reduced or denied when attorney breaches dut

1999See, e.g., International Materials Corp. v. Sun Corp., 824 S.W.2d 890, 895 (Mo.1992) (en banc) (holding that complete forfeiture is not warranted unless there is a clear and serious violation of the lawyer’s duty destroying the client-lawyer relationship, thereby removing the justification for the lawyer’s compensation, and that recovery could be in quantum meruit for benefits conferred); Kidney Ass’n of Oregon, Inc. v. Ferguson, 315 Or. 135 , 843 P.2d 442, 447 (1992) (favoring consideration of factors in determining whether attorney’s fee should be reduced or denied when attorney breaches dut

1999See, e.g., International Materials Corp. v. Sun Corp., 824 S.W.2d 890, 895 (Mo.1992) (en banc) (holding that complete forfeiture is not warranted unless there is a clear and serious violation of the lawyer’s duty destroying the client-lawyer relationship, thereby removing the justification for the lawyer’s compensation, and that recovery could be in quantum meruit for benefits conferred); Kidney Ass’n of Oregon, Inc. v. Ferguson, 315 Or. 135 , 843 P.2d 442, 447 (1992) (favoring consideration of factors in determining whether attorney’s fee should be reduced or denied when attorney breaches dut

1999While the breach may be so egregious as to require the forfeiture of compensation by the fiduciary as a matter of public policy, such will not always be the case.”) (citations omitted); Gilchrist v. Perl, 387 N.W.2d 412, 417 (Minn.1986) (holding that the amount of fee forfeiture should be determined by consideration of the relevant factors set out in the state’s punitive damage statute); Crawford v. Logan, 656 S.W.2d 360, 365 (Tenn.1983) (holding that any misconduct of an attorney does not automatically result in fee forfeiture but rather ”[e]ach case ... must be viewed in the light of the par

1999While the breach may be so egregious as to require the forfeiture of compensation by the fiduciary as a matter of public policy, such will not always be the case.”) (citations omitted); Gilchrist v. Perl, 387 N.W.2d 412, 417 (Minn.1986) (holding that the amount of fee forfeiture should be determined by consideration of the relevant factors set out in the state’s punitive damage statute); Crawford v. Logan, 656 S.W.2d 360, 365 (Tenn.1983) (holding that any misconduct of an attorney does not automatically result in fee forfeiture but rather ”[e]ach case ... must be viewed in the light of the par

1999See, e.g., International Materials Corp. v. Sun Corp., 824 S.W.2d 890, 895 (Mo.1992) (en banc) (holding that complete forfeiture is not warranted unless there is a clear and serious violation of the lawyer’s duty destroying the client-lawyer relationship, thereby removing the justification for the lawyer’s compensation, and that recovery could be in quantum meruit for benefits conferred); Kidney Ass’n of Oregon, Inc. v. Ferguson, 315 Or. 135 , 843 P.2d 442, 447 (1992) (favoring consideration of factors in determining whether attorney’s fee should be reduced or denied when attorney breaches dut

1999See, e.g., International Materials Corp. v. Sun Corp., 824 S.W.2d 890, 895 (Mo.1992) (en banc) (holding that complete forfeiture is not warranted unless there is a clear and serious violation of the lawyer’s duty destroying the client-lawyer relationship, thereby removing the justification for the lawyer’s compensation, and that recovery could be in quantum meruit for benefits conferred); Kidney Ass’n of Oregon, Inc. v. Ferguson, 315 Or. 135 , 843 P.2d 442, 447 (1992) (favoring consideration of factors in determining whether attorney’s fee should be reduced or denied when attorney breaches dut

1999While the breach may be so egregious as to require the forfeiture of compensation by the fiduciary as a matter of public policy, such will not always be the case.”) (citations omitted); Gilchrist v. Perl, 387 N.W.2d 412, 417 (Minn.1986) (holding that the amount of fee forfeiture should be determined by consideration of the relevant factors set out in the state’s punitive damage statute); Crawford v. Logan, 656 S.W.2d 360, 365 (Tenn.1983) (holding that any misconduct of an attorney does not automatically result in fee forfeiture but rather ”[e]ach case ... must be viewed in the light of the par

1999While the breach may be so egregious as to require the forfeiture of compensation by the fiduciary as a matter of public policy, such will not always be the case.”) (citations omitted); Gilchrist v. Perl, 387 N.W.2d 412, 417 (Minn.1986) (holding that the amount of fee forfeiture should be determined by consideration of the relevant factors set out in the state’s punitive damage statute); Crawford v. Logan, 656 S.W.2d 360, 365 (Tenn.1983) (holding that any misconduct of an attorney does not automatically result in fee forfeiture but rather ”[e]ach case ... must be viewed in the light of the par

1999While the breach may be so egregious as to require the forfeiture of compensation by the fiduciary as a matter of public policy, such will not always be the case.”) (citations omitted); Gilchrist v. Perl, 387 N.W.2d 412, 417 (Minn.1986) (holding that the amount of fee forfeiture should be determined by consideration of the relevant factors set out in the state’s punitive damage statute); Crawford v. Logan, 656 S.W.2d 360, 365 (Tenn.1983) (holding that any misconduct of an attorney does not automatically result in fee forfeiture but rather ”[e]ach case ... must be viewed in the light of the par

1999While the breach may be so egregious as to require the forfeiture of compensation by the fiduciary as a matter of public policy, such will not always be the case.”) (citations omitted); Gilchrist v. Perl, 387 N.W.2d 412, 417 (Minn.1986) (holding that the amount of fee forfeiture should be determined by consideration of the relevant factors set out in the state’s punitive damage statute); Crawford v. Logan, 656 S.W.2d 360, 365 (Tenn.1983) (holding that any misconduct of an attorney does not automatically result in fee forfeiture but rather ”[e]ach case ... must be viewed in the light of the par

1999While the breach may be so egregious as to require the forfeiture of compensation by the fiduciary as a matter of public policy, such will not always be the case.”) (citations omitted); Gilchrist v. Perl, 387 N.W.2d 412, 417 (Minn.1986) (holding that the amount of fee forfeiture should be determined by consideration of the relevant factors set out in the state’s punitive damage statute); Crawford v. Logan, 656 S.W.2d 360, 365 (Tenn.1983) (holding that any misconduct of an attorney does not automatically result in fee forfeiture but rather ”[e]ach case ... must be viewed in the light of the par

1999While the breach may be so egregious as to require the forfeiture of compensation by the fiduciary as a matter of public policy, such will not always be the case.”) (citations omitted); Gilchrist v. Perl, 387 N.W.2d 412, 417 (Minn.1986) (holding that the amount of fee forfeiture should be determined by consideration of the relevant factors set out in the state’s punitive damage statute); Crawford v. Logan, 656 S.W.2d 360, 365 (Tenn.1983) (holding that any misconduct of an attorney does not automatically result in fee forfeiture but rather ”[e]ach case ... must be viewed in the light of the par