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HOOVER SLOVACEK LLP v. WALTON

No. 04-1004.

206 S.W.3d 557 (2006)

HOOVER SLOVACEK LLP, Formerly Hoover, Bax & Slovacek, LLP, Petitioner, v. John B. WALTON, Jr., Respondent.

Supreme Court of Texas.

Delivered November 3, 2006.

Attorney(s) appearing for the Case

Mike A. Hatchell, Molly H. Hatchell, Charles R. Watson Jr., Locke Liddell & Sapp, LLP, Thomas R. Phillips, Baker Botts L.L.P., Austin, and Steven L. Hughes, Mounce, Green, Myers, Safi & Galatzan, El Paso, for Petitioner.

John M. Phalen Jr., Daniel J. Sheehan Jr., Michael L. Atchley, Daniel Sheehan & Associates, L.L.P., Dallas, for Respondent.

Chief Justice JEFFERSON delivered the opinion of the Court, in which Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice GREEN, and Justice JOHNSON joined.

We deny Walton's motion for rehearing and grant Hoover Slovacek's motion for rehearing. We withdraw our opinion of June 30, 2006 and substitute the following in its place.

In this case, we must determine whether an attorney hired on a contingent-fee basis may include in the fee agreement a provision...

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