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BURROW v. ARCE

No. 98-0184.

997 S.W.2d 229 (1999)

David BURROW, et al., Petitioners, v. Carol ARCE, et al., Respondents.

Supreme Court of Texas.

Decided July 1, 1999.

Attorney(s) appearing for the Case

Kenneth Tekell, David M. Gunn, Houston, for Petitioners.

Mike A. Hatchell, Tyler, William V. Dorsaneo, III, Dallas, William J. Skepnek, Lawrence, KS, Molly H. Hatchell, Tyler, Steven M. Smoot, Austin, for Respondents.

Justice HECHT delivered the opinion of the Court.

The principal question in this case is whether an attorney who breaches his fiduciary duty to his client may be required to forfeit all or part of his fee, irrespective of whether the breach caused the client actual damages. Like the court of appeals,1 we answer in the affirmative and conclude that the amount of the fee to be forfeited is a question for the court, not a jury. We reverse...

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