When an automobile accident lawyer gets sued by someone who is blind or disabled, the financial institution that is suing him or her must make a similar request.
The lawsuit against a disabled attorney, which is filed in a Texas court, requires the financial firm to prove that the attorney was harmed by the alleged act of negligence of the lawyer or that the accident occurred because of the negligence of that lawyer.
The lawyer’s financial institution must make its request within 14 days of the accident and must prove that it has adequate remedies to recover damages, and it must show that the lawsuit was brought by a representative of that financial institution.
The financial institution may seek to limit the attorney’s access to his or her assets and the attorney must agree to do so.
The American Bar Association rules state that “disability lawyers are not employees of the firm they represent, and are not subject to any obligation of loyalty to the firm or its officers, directors, employees, or agents, including the legal counsel.”
The lawyer has a fiduciary responsibility to the financial institutions to act in good faith and act in accordance with the laws of the jurisdiction where he or she is representing the client.
The lawyers’ duties as fiduciaries include maintaining a confidential relationship with the clients, providing advice and assistance in a way that protects the interests of the client and the interests and property of the firms involved, and avoiding conflicts of interest.
But the rules don’t prohibit the lawyer from taking the financial firms to court over the suit.
The rules state, “If a lawyer represents a client in an action under the laws governing a legal relationship, the lawyer’s duties as a fiducer will not be affected by the action or the court’s order.”
The attorney may be able to get a court order requiring the financial company to pay damages, but he or her lawyer may not be able get the lawsuit dismissed or dismissed without the financial service agreeing to pay the attorney a reasonable amount for all costs incurred by the lawyer.
A lawyer may be required to make an annual financial disclosure report for each financial transaction, and he or he may have to submit a financial statement for each period of time the client is a party in a dispute between the lawyer and the financial provider.
It is not clear whether the lawsuit will go to trial or if it will be dropped.
But lawyers are likely to be reluctant to take on a case where there are no money damages or if there is no way for the parties to settle.
If a lawsuit is filed against a blind or partially sighted lawyer, it could be costly.
The Texas bankruptcy law does not provide for a “deferral of fees” to a blind lawyer in a financial transaction.
The Texas bar’s rules on fiduciarity state, “[t]he lawyer shall not be required in any financial transaction to accept the fee, if any, of any person who is not a client of the law firm.”
The rules also state that the lawyer may refuse to accept an offer of compensation from the financial services company unless the lawyer agrees to be bound by the terms of the offer.
The laws of other states do not provide a way for a blind attorney to refuse to pay a fee to a financial service provider.
The attorney should contact the Texas bar and ask them to help her with her financial issues.