In Re A.D. v. the State of Texas

CourtCourt of Appeals of Texas
DecidedDecember 5, 2024
Docket02-24-00432-CV
StatusPublished

This text of In Re A.D. v. the State of Texas (In Re A.D. v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re A.D. v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-24-00432-CV ___________________________

IN RE A.D., Relator

Original Proceeding 324th District Court of Tarrant County, Texas Trial Court No. 324-623909-17

Before Womack, Wallach, and Walker, JJ. Memorandum Opinion by Justice Walker MEMORANDUM OPINION

Relator A.D.1 (Father) seeks mandamus relief from the trial court’s order

disqualifying his attorneys from representing him in the trial court and ordering his

attorneys to pay Real Party in Interest M.R.D.’s attorneys $5,000 in sanctions. M.R.D.

(Mother) had moved the trial court to disqualify Father’s attorneys after a paralegal

had left the law firm representing Mother and started working for the law firm

representing Father. Because the trial court abused its discretion by disqualifying

Father’s attorneys and because Father has no adequate appellate remedy, we

conditionally grant a writ of mandamus.

I. BACKGROUND

Father and Mother have two children together. They were divorced in 2016

and entered into an agreed order modifying their parent–child relationships with both

children in 2018. In 2023, Father petitioned the trial court to modify that order. He

was—and, as of the filing of this mandamus proceeding, continues to be—

represented by the firm of Orsinger, Nelson, Downing & Anderson, LLP (ONDA).

On May 10, 2024, Mother met with Laura Zachariah, an attorney at Seltzer

Family Law, PLLC, and retained Seltzer Family Law to represent her in the

modification proceeding. Seltzer Family Law filed a Notice of Entry of Appearance

1 To protect the identities of Relator and Real Party in Interest’s minor children, we identify Relator and Real Party in Interest by their initials or as Father and Mother. See Tex. Fam. Code Ann. § 109.002(d).

2 in the trial court that same day. In June, Shelby Langford, a paralegal at Seltzer Family

Law, accepted an offer of employment from ONDA. On June 19, 2024, Langford

tendered her resignation from Seltzer Family Law—effective June 26, 2024—to her

then-boss, Sarah Seltzer. Also on June 19, Langford informed Greg Padron, an office

administrator at ONDA, that Mother was a client of Seltzer Family Law. Langford

told Padron that she “literally d[id no]t know anything about the case,” including the

name of ONDA’s client.

On June 27, 2024, Seltzer Family Law served ONDA with a notice of intention

to take Father’s deposition on July 23, 2024, at Seltzer Family Law’s office. After

Father moved to quash the notice, Seltzer Family Law served Father with an amended

notice to take Father’s oral and videotaped deposition at the same date but at

ONDA’s office.2

On July 11, 2024, Seltzer sent an email to ONDA stating that Langford had

“had access to confidential client information” while employed at Seltzer Family Law

and asking ONDA if it would “voluntarily withdraw from this matter. If not,” Seltzer

warned, “a motion for disqualification seeking attorney’s fees and sanctions will be

forthcoming.” Kaleigh Downing, one of the attorneys at ONDA, replied to Seltzer’s

email within half an hour: “We understand our ethical responsibilities. [Langford]

has been walled from the case and does not have access to any confidential

2 The record does not reflect whether this deposition ever took place.

3 information. We will not withdraw from the matter. Please send [Mother]’s

supplemental discovery today.”

Mother then filed a Motion to Disqualify ONDA in the trial court. In addition

to disqualification, Mother requested that Father be ordered to pay “reasonable

attorney’s fees, expenses, and costs” directly to Seltzer. The trial court initially

scheduled the hearing on the Motion to Disqualify for August 29, 2024, but after

ONDA objected to the setting due to a lack of proper notice and Father’s attorney’s

availability, the trial court reset the hearing to September 11, 2024.

At the hearing on Mother’s Motion to Disqualify, Langford testified that she

had never talked to Mother. She denied ever having an email exchange with Mother

or meeting her on May 10, 2024, when Mother first came to Seltzer Family Law’s

office. Langford was attending career day at her daughter’s school on that date.

Langford further testified that she did not learn anything “relevant to the case”

during the entirety of her time at Seltzer Family Law. She testified that she had never

actively worked on Mother’s case while employed with Seltzer Family Law, nor had

she billed a single entry of time working on that case or had any discussions with

attorneys regarding duties that they wanted her to perform on that case. According to

Langford, Seltzer attempted to provide her information on Mother’s case during the

resignation meeting. Langford testified that, prior to that meeting, Seltzer had not

discussed the case with her at all. She further testified that she had not discussed

anything Seltzer had told her during that meeting with anyone in ONDA. 4 Screenshots of Langford’s June 19 text message exchange with Padron were

admitted into evidence. Langford testified that, after she came to ONDA, she was

“[e]xplicitly” instructed to not discuss the case and to not work on the case. She was

electronically prohibited from accessing the case file and physically prohibited from

accessing the locked file in the office of Paula Bennett, the attorney in charge of

Father’s case. Additionally, Langford testified that she had been escorted out of

docket meetings “[e]very time” the case had come up on Bennett’s docket and that no

one at ONDA had ever discussed the case with her or had asked her questions

regarding what had gone on with the case.

On cross-examination, Langford recalled that she had arrived at the Seltzer

Family Law office on May 10, 2024, after her daughter’s career day, but she denied

that Zachariah had talked to her and the other two paralegals at the firm about

Mother’s case. She acknowledged that conversations about client cases within the

office were often informal and that there were often casual conversations in the

hallway about cases. She also testified that it was very common for the paralegals and

attorneys to work in each other’s offices and that she herself had done so for the

purpose of discussing legal matters, comparing notes, and offering suggestions. She

admitted that she had open access to Mother’s case file while she worked at the

Seltzer Family Law office.

5 Screenshots of Langford’s text message conversations with other employees of

Seltzer Family Law were admitted into evidence.3 On July 12, 2024, after she had left

Seltzer Family Law and had begun working for ONDA, Langford texted Zachariah

and two other Seltzer Family Law employees—Riley Kelton and Paige Pritchard—to

ask if they were still coming to her daughter’s birthday party that Sunday. After

Kelton and Zachariah confirmed that they were, Langford said that she had told

Downing to “be nice” to Kelton and Zachariah and that “[h]er response was funny

b[e]c[ause] she immediately and very brightly told me she really likes” Zachariah.

Zachariah responded, “Not Sarah haha,” and Langford texted back, “I did not include

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In Re A.D. v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ad-v-the-state-of-texas-texapp-2024.