JERRY ALFRED FUTCH, JR., Appellant v. BAKER BOTTS, LLP, Appellee
After pleading guilty to the felony offense of false reporting, a former client sued the firm that had represented him, asserting a claim for breach of contract and seeking forfeiture of attorney's fees based on alleged breaches of fiduciary duty. The trial court granted summary judgment in favor of the firm. The appellant's claim against the firm for damages resulting from its alleged disclosure of confidential or privileged information to Justice Department officials sounds in tort, not in contract. Therefore, the trial court did not err in granting summary judgment as to the appellant's breach-of-contract claim. The Peeler doctrine applies to the appellant's request for fee forfeiture based on the firms alleged breaches of fiduciary duty. The trial court's judgment is affirmed. Houston's 14th Court of Appeals, No. 14-12-00731-CV, 06-10-2014
|June 10, 2014
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