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Texas Appellate Court Rejects Use of Presumptions in Malpractice Case

Source | 2017-06-26T18:38:24+00:00 May 26th, 2007|Categories: LegalEthics, Post|Tags: , |Comments Off on Texas Appellate Court Rejects Use of Presumptions in Malpractice Case

In Capital City Church of Christ v. Novak, 2007WL1501095 (Tex. App. — Austin May 23, 2007, no pet. h.), the court joined other courts in recognizing that the presumptions that can be used to disqualify a lawyer — e.g., that if there is a substantial relationship between two matters, it is presumed that the lawyer acquired confidential information that could be used against the client in the subsequent matter — had no place in a malpractice suit.