Two Thirty Nine Joint Venture v. Joe

An attorney's public service as a government official may present a breach of the standard of care and breach of fiduciary duty and duty of loyalty to a client.

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REVERSED AND REMANDED and Opinion filed November 20, 2001

OPINION

Two Thirty Nine Joint Venture (239 JV) brought suit for malpractice and breach of fiduciary duty and duty of loyalty against Harry J. Joe, individually, and his law firm, Jenkens & Gilchrist, P.C. (J&G). The basis of the suit was that Joe and J&G breached their duty of loyalty to 239 JV when neither Joe nor the law firm disclosed that Joe, as a member of the Irving City Council, would or could take positions that would affect the real estate transactions in which J&G represented 239 JV. Joe filed a motion for summary judgment based on official immunity, which the trial court granted. Then, J&G filed a motion for summary judgment based on Joe’s immunity, whether 239 JV had produced evidence to support each element of a malpractice claim, and other grounds. The trial court granted J&G’s motion.

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Two Thirty Nine Joint Venture v. Joe

An attorney's public service as a government official may present a breach of the standard of care and breach of fiduciary duty and duty of loyalty to a client.

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