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Include the following notice if a minor is named in the caption, if the intervenor is an individual, or if the petition contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Petition in Intervention for Attorney’s Fees
This Petition in Intervention for Attorney’s Fees is brought by [name of individual or business], Intervenor. [Include if individual: [The last three numbers of Intervenor’s driver’s license number are [numbers]./Intervenor has not been issued a driver’s license.] The last three numbers of Intervenor’s Social Security number are [numbers].]
1.This Court has jurisdiction to hear this intervention because Intervenor has an interest in the matter in controversy, in that it was necessary for [Petitioner/Respondent] to employ Intervenor as [his/her] attorney in this case. Intervenor is duly licensed to practice law in Texas and represented [Petitioner/Respondent] in this case until discharged.
2.Venue is proper with respect to the claim[s] between Intervenor and the original parties because venue is proper in the original action.
3.Intervenor is engaged in the practice of law. On [date], [Petitioner/Respondent] asked Intervenor to provide legal services to further [Petitioner/Respondent]’s goal of [specify, e.g., obtaining a divorce]. Intervenor has provided legal services, but [Petitioner/Respondent] has not paid for them.
4.Breach of Employment Contract. Intervenor pleads for damages for breach of contract. On [date], Intervenor and [Petitioner/Respondent] executed a written employment contract, in which Intervenor agreed to provide legal services in this case and [Petitioner/Respondent] agreed to pay for any legal services rendered. A copy of the contract is attached as Exhibit [exhibit number/letter] and incorporated in this pleading. Intervenor has performed necessary legal services as required by the contract, but [Petitioner/Respondent] has not paid for those legal services as agreed. A list of the legal services performed is attached as Exhibit [exhibit number/letter] and incorporated in this pleading. [Petitioner/Respondent]’s failure to pay for the legal services rendered by Intervenor under the contract constitutes a breach of the contract. As a result of that breach, Intervenor sustained damages of $[amount] in unpaid attorney’s fees.
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If a copy of the client’s bill is attached, be sure to redact it to avoid disclosing privileged matters. |
5.Quantum Meruit. Alternatively, Intervenor requests recovery for the reasonable value of the services Intervenor performed. These legal services were rendered directly to [Petitioner/Respondent]: [list specific services rendered, e.g., original petition was drafted and filed, discovery was conducted, and so forth]. Rendition of these legal services conferred a benefit on [Petitioner/Respondent], in that legal assistance was provided toward [Petitioner/Respondent]’s goal of [specify]. [Petitioner/Respondent] accepted the benefit of Intervenor’s services; specifically, [describe specific facts showing acceptance of benefits or knowledge of and consent to the benefits].
The reasonable value of the legal services provided was $[amount], a reasonable and customary fee for an attorney of Intervenor’s experience practicing in [county] County, Texas. Intervenor reasonably expects to be paid for [his/her] services because [he/she] has provided similar services to others in the community and been paid for them. [Petitioner/Respondent] will be unjustly enriched in the amount claimed by Intervenor if allowed to retain the benefit conferred by Intervenor without paying for the value of the legal services. Intervenor’s damages became fixed on [date of termination].
6.Suit on Sworn Account. In the second alternative, Intervenor pleads for relief by suing on a sworn account. Intervenor provided legal services to [Petitioner/Respondent] on an open account. [Petitioner/Respondent] accepted the legal services and became bound to pay Intervenor its designated charges, which were reasonable and customary for an attorney of Intervenor’s experience practicing in [county] County, Texas. The account, sworn to in accordance with rule 185 of the Texas Rules of Civil Procedure, accurately describes the legal services that Intervenor provided to [Petitioner/Respondent] and represents a transaction or series of transactions on which Intervenor has kept a systematic record in the ordinary course of business. A copy of the account is attached as Exhibit [exhibit number/letter] and incorporated in this pleading.
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The client’s bill should be redacted to avoid disclosing privileged matters. This pleading must be supported by affidavit stating that the claim is, within the affiant’s knowledge, just and true; that it is due; and that all just and lawful offsets, payments, and credits have been allowed. See Tex. R. Civ. P. 185. |
After allowing for all just and lawful offsets, payments, and credits, the principal balance due Intervenor on the account is $[amount]. Intervenor has demanded that [Petitioner/Respondent] pay this amount, but [Petitioner/Respondent] has not done so.
7.Attorney’s Fees. [Petitioner/Respondent]’s nonpayment has made it necessary for Intervenor to employ [name of attorney] to file this intervention. Intervenor presented this claim to [Petitioner/Respondent] on [date] by [method of presentation]. More than thirty days have passed since the demand was made, but payment of the just amount owed has not been tendered. Intervenor seeks reimbursement for [his/her] reasonable attorney’s fees as provided by section 38.001 of the Texas Civil Practice and Remedies Code.
Prayer. Intervenor prays for judgment of $[amount] against Petitioner and Respondent, jointly and severally; for reasonable attorney’s fees and expenses through final judgment after appeal; for prejudgment and postjudgment interest as allowed by law; and for all other relief the Court deems just and appropriate.
[Name]
Attorney for Intervenor
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for Intervenor