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JAMES P. BAILEY v. WILLIAM R. TRAVIS (07/09/81)

July 9, 1981

JAMES P. BAILEY, APPELLANT
v.
WILLIAM R. TRAVIS, APPELLEE



Appeal from Travis County.

COUNSEL

Malcolm Greenstein, Greenstein & Kolker, Austin, for appellant.

David W. Hilgers, Hilgers, Watkins & Kazen, Austin, for appellee.

Author: Mccloud

The question is whether a legal malpractice claim had "matured" and was, therefore, a compulsory counterclaim in a suit filed by an attorney against his former client for attorney's fees.

James P. Bailey sued his former attorney, William R. Travis, on September 13, 1979, for alleged negligent acts and omissions committed by the attorney in September of 1977 during the trial of a case. The trial court granted the attorney's motion for summary judgment. Bailey appeals. We affirm.

This appeal involves three lawsuits. In the first suit (Bailey I), James P. Bailey sued Doyle K. Tuck in the 21st Judicial District Court of Bastrop County. The case was tried in September of 1977. Travis represented Bailey at the trial. Following the ...


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