10000001938

12-50073-lmc Doc#81 Filed 02/08/12 Entered 02/08/12 14:57:05 Main Document Pg 1 of
29
In re:
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
Chapter 11
1
DELTA PRODUCE, L.P .,

Case No. 12-50073-LMC
Debtors Jointly Administered
APPLICATION TO EMPLOY COUNSEL FOR SPECIAL PURPOSE
THIS PLEADING REQUESTS RELIEF THAT MAY BE
ADVERSE TO YOUR INTERESTS.
IF NO TIMELY RESPONSE IS FILED WITHIN TWENTY-
ONE (21) DAYS FROM THE DATE OF SERVICE, THE
RELIEF REQUESTED HEREIN MAY BE GRANTED
WITHOUT A HEARING BEING HELD.
A TIMELY FILED RESPONSE IS NECESSARY FOR A
HEARING TO BE HELD.
COME NOW Debtors Delta Produce, L.P., Atled, Ltd., Superior Tomato-Avocado, Ltd.
and Staci Properties, Ltd. and file this Application to Employ Counsel for Special Purpose and
would show the Court as follows:
1. On January 3 & 9, 2012, Debtors filed voluntary Petitions for Relief under
Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the
Western District of Texas, San Antonio Division. On the same day, Delta Produce, L.P. and
Atled, Ltd. ("Delta" and "Atled") filed an adversary proceeding styled Delta Produce, L.P. and
Atled, Ltd. v. H. E. Butt Grocery Company, HEB Grocery Company, L.P., and HEBCO GP,
1
Debtors are the following entities: Delta Produce, LP (Case No. 12-50073-LMC-11); Superior Tomato-Avocado,
Ltd. (Case No. 12-50074-LMC-11); Atled, Ltd. (Case No. 12-50075-LMC-11); and Staci Properties, Ltd. (Case No.
12-50110-LMC).
29
6. PCPB has advised Delta and Atled that it is willing to accept such representation
and that it neither holds nor represents an interest adverse to Debtors or the estates, and is a
disinterested person within the meaning of 11 U.S.C. 327(a).
7. PCPB has further advised Debtors that it maintains regular records of time
expended and expenses incurred. Debtors and PCPB agree that should PCPB in fact be asked to
expend time in connection with exploring options for sales of the Debtors or their assets and
consummating such sales, Debtors will seek to recover for the reasonable and necessary time
expended at the hourly rates reflected on Exhibit A.
8. Delta, Atled, and PCPB agree that in connection with the Adversary Proceeding,
PCPB will be compensated only in the event of an actual recovery in that proceeding. Delta and
Atled have agreed to pay PCPB a sum of 35% of any award, collection, or settlement from
Defendants, or 40% should the matter proceed to an appeal or in the event that costs are not
remitted during the pendency of the case. A copy of the Contingency Attorney Fee Contract is
attached as Exhibit B.
9. Delta and Atled have agreed that PCPB may associate with other legal counsel in
the prosecution of their claims in the Adversary Proceeding, and understand that any resulting
fees, if any, will be paid from the portion of recovery assigned to PCPB as noted in paragraph 8
above. Should PCPB decide to associate with other legal counsel in this matter, Delta and Atled
will file appropriate statements of compensation in accordance with 11 U.S.C. 329(a), creditors
being given 30 days within which to object.
10. W. Scott Jensen is a Member of Delta Produce Management, LLC, the General
Partner of both Delta and Atled. PCPB currently represents W. Scott Jensen in his individual
capacity with respect to the bankruptcy proceeding referenced in paragraph 1 above.
3
29
L.L.C.; Adversary Proceeding No. 12-05001-LMC, in the United States Banlauptcy Court for the
Western District of Texas, San Antonio Division, alleging antitrust claims against Defendants
(the "Adversary Proceeding").
2. Delta and Atled desire to engage the law firm of Pulman, Cappuccio, Pullen &
Benson, LLP ("PCPB") to represent them in the Adversary Proceeding. The services of PCPB
to represent Delta and Atled in this Adversary Proceeding in this Court are both necessary and in
the best interest of the estate and all parties in interest. PCPB drafted the Complaint in the
Adversary Proceeding and, based upon their knowledge of the facts and their experience with
antitrust law, are in the best position to continue to prosecute that proceeding.
3. The professional services to be rendered by PCPB in the Adversary Proceeding
include providing Delta and Atled legal advice; drafting all pleadings, motions, discovery
papers, and other documents; handling discovery, including discovery disputes; responding to
pleadings, motions, discovery papers, and other documents filed by defendants; preparing for
trial; and generally handling all matters that come before the Court in the Adversary Proceeding.
At this time, no other person in the legal profession is employed or proposed to be employed by
the Debtor to perform these services.
4. Debtors also desire to engage PCPB to represent them, along with banlauptcy
counsel, in connection with exploring options for sales of the Debtors or their assets and
consummating such sales. PCPB has knowledge of the value of those assets and the potential
strategies for maximizing the benefit to creditors that should prove valuable to Debtors.
5. Debtors have determined that the professional standing, competency, and
reputation of PCPB are high and that its attorneys are duly licensed and qualified to practice
before this Court and to provide the services requested by Delta and Atled.
2
29
11. W. Scott Jensen, in his individual capacity, has agreed to guarantee Delta and
Atled's payment of all costs and reasonable expenses incurred by PCPB in handling their claims.
WHEREFORE, PREMISES CONSIDERED, Debtors respectfully request that the
Court allow them to employ the law firm of Pulman, Cappuccio, Pullen & Benson, LLP as their
counsel to provide such services as are necessary in connection with the main bankruptcy
proceeding and to represent them in the Adversary Proceeding styled Delta Produce, L.P. and
Atled, Ltd. v. H E. Butt Grocery Company, HEB Grocery Company, L.P., and HEBCO GP,
L.L.C.; Adversary Proceeding No. 12-05001-LMC, in The United States Bankruptcy Court for
the Western District of Texas, San Antonio Division, on the terms and conditions set forth
herein.
Dated: January __ , 2012.
DELTA PRODUCE, L.P.
' (
~ - -
/,I )/ ..
/
! / ././
By:c.e /./;(: /
W. Scott Jensen,'Member
Delta Produce Management, LLC
General Partner
ATLED,LTD.
// /
( /.
/ \/ :/.
By: //',/' t <. ~ .
4
W. Scott Jensen, Member
Delta Produce Management, LLC
General Partner
29
SUPERIOR TOMATO-AVOCADO, LTD.
--,
SUPERIOR TOMATO-AVOCADO, LTD.
5
W. Scott Jensen, Member
STA Management, LLC
General Partner
29
CERTIFICATE OF SERVICE
~
I certify that on the _jL_ day of February, 2012, the foregoing Application to Employ
Counsel for Special Service was served by first class mail or by electronic means through the
Court's CM/ECF system, to the parties on the attached matrix, including to the U.S. Trustee,
P. 0. Box 1539, San Antonio, Texas 78295-1539.
6
29
In re:
UNITED STATES BANKRUPTCY COURT
WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
Chapter 11
DELTA PRODUCE, L.P.,

Case No. 12-50073-LMC
Debtors Jointly Administered
AFFIDAVIT OF RANDALL A. PULMAN OF PULMAN, CAPPUCCIO, PULLEN & BENSON, LLP
STATE OF TEXAS

COUNTY OF BEXAR
I, Randall A. Pulman, of Pulman, Cappuccio, Pullen & Benson, LLP, make solemn oath
to the following facts:
1. I am and have been a member of the State Bar of Texas smce 1986. I have been
practicing in the area of bankruptcy law since 1990.
2. I am a partner in the firm ofPulman, Cappuccio, Pullen & Benson, LLP, which maintains
its offices at 2161 NW Military Highway, Suite 400, San Antonio, TX 78213.
3. No arrangement or understanding exists between Randall A. Pulman and the law firm of
Pulman, Cappuccio, Pullen & Benson, LLP, proposed special counsel, or with any other
person or entity for a division or sharing of any compensation which Randall A. Pulman
and the law firm of Pulman, Cappuccio, Pullen & Benson, LLP may receive in this case,
except as between lawyers in the firm.
4. Randall A. Pulman of Pulman, Cappuccio, Pullen & Benson, LLP does not hold or
represent any interest adverse to the estates L.P. and Atled, Ltd. //.
d. .. ' ) /\\
By: \I
RancYall K. Pulman, Affiant
29
SUBSCRIBED AND SWORN BEFORE ME on this the of January, 2012.
2
29
Label Matrix for local noticing
0542 5
Case 12-50073-lmc
Western District of Texas
San Antonio
Tue Jan 31 16:59:23 CST 2012
Staci Properties, Ltd
2001 S Laredo St
San Antonio, TX 78207-7023
A&A Transportation, Inc.
4741 College Park
AT&T
P.O. Box 105414
Atlanta, GA 30348-5414
Acme Soap Co., Inc.
1206 Fulton Ave.
Alfonso Maldonado
1350 Ceralvo
Andrew & Williamson
9940 Marconi Drive
San Diego, CA 92154-7270
Banana Distributing Company
1500 S. Zarzamora
Bernardi & Associates
557 E. Frontage Rd.
Nogales, AZ 85621-9765
Bexar County Tax Assessor
P.O. Box 839950
Atled, Ltd
200 S Laredo St
San Antonio, TX 78207
Superior Tomato-Avocado, Ltd
2001 S Laredo St
ADT Security Services, Inc.
P .0. Box 371956
Pittsburgh, PA 15250-7956
AT&T Mobility
P.O. Box 6463
Carol Stream, IL 60197 6463
Alamo Assessments
1103 Fredericksburg Rd.
Amazon Produce Network
546 Franklinville Rd.
Mullica Hlll, NJ 08062-4706
Avery Dennison
219 Duval Street
Bee Trucking, LLC
9540 Ball St.
Better Produce
301 W. Church St.
Santa Maria, CA 93458-5006
Blue Book Services
845 E. Geneva Rd.
Carol Stream, IL 60188 3520
Delta Produce, LP
2001 S Laredo St
U.S. BANKRUPTCY COURT
615 E. HOUSTON STREET, ROOM 597
SAN ANTONIO, TX 78205-2055
AFLAC Insurance Company
1932 Wynnton Rd.
Columbus, GA 31999-0797
Ace Bolt & Screw Co.
200 Brooklyn Ave.
Alamo Leasing
2010 NW Military Hwy.
Anchor Claims Management
P.O. Box 819045
Dallas, TX 75381-9045
B. Catalani, Inc.
1500 S. Zarzamora, #326
Bentley Sheet Metal & Roofing
P.O. Box 27336
Bexar County
c/o David G. Aelvoet
711 Navarro Suite 300
Bahls Bearing & Power Co.
211 Probandt St.
Creditor Mailing Matrix, Bankruptcy No. 12-50073-LMC, Page 1 of 7
29
Boice Produce Sales, Inc.
1368 N\'1 100th Dr.
Coral Springs, FL 33071-5937
Bucks Fresh Produce
P.O. Box 207
Hidalgo, TX 78557-0207
Charles Seiler
3121 Mt. Olive Rd.
Adkins, TX 78101-2277
Compton Brokerage, Ltd.
P.O. Box 1696
Pharr, TX 78577-1630
Dayka & Hackett, LLC
42874 Rd. 64
Reedley, CA 93654-9010
Delta Produce Marketing
2001 S. Laredo St.
Diversified Produce
P.O. Box 911523
Dallas, TX 75391-1523
Dynasty Farms
P.O. Box 3737
Salinas, CA 93912-3737
Eco-Farms Sales, Inc.
c/o Michael J. Black
Burns & Black, PLLC
750 Rittiman Road
San Antonio, Texas 78209-5500
Expo Fresh, LLC
8775 Airway Rd.
Briggs Equipment Trust
10540 N. Stemmons Frwy.
Dallas, TX 75220-2425
Cardona & Sons Welding
1823 S. Brazos
City Public Service
PO Box 2678
Costa Solutions, LLC
P.O. Box 18716
Del Campo Supreme, Inc.
672 W. Frontage Rd.
Noales, AZ 85621-9633
Delta Produce,LP
Craig A. Stokes
Stokes Law Office, LLP
3330 Oakwell Ct, Suite 225
Divine Ripe, LLC
700 S. Bridge St., Suite C
Hidalgo, TX 78557-2911
Eagle Eye Produce
P.O. Box 460
Iona, ID 83427-0460
Empacadora G.A.B. Inc.
1001 S. lOth, Suite G
McAllen, TX 78501-5068
Federal Express
P.O. Box 660481
Dallas, TX 75266-0481
Bronco Packaging Corporation
1100 Chase Rd., Suite 200
Mesquite, TX 75149-2767
Central American Produce
2200 Park Central Blvd., #600
Pompano Beach, FL 33064-2220
Colonial Supplemental Insurance
P.O. Box 903
Columbia, SC 29202-0903
Danfoss, Inc.
11655 Crossroads Circle
Baltimore, MD 21220-2863
Delina Fresh
1068 Pine Branch Rd.
Weston, FL 33326-2842
Dimare Newman, Inc.
P.O. Box 517
Newman, CA 95360-0517
Divine Ripe, LLC
Burns & Black, PLLC
750 Rittiman Road
Eco-Farms Sales, Inc.
28790 Las Haciendas
Temecula, CA 92590-2614
Evercold of Texas, LLC
6424 Melissa Ann
Fisher, Herbst & Kemble, P.C.
9501 Console Dr., Suite 200
29
Frank's Distributing of Produce
P.O. Box 2020
Fresh Pac International
P.O. Box 4601
Oceanside, CA 92052-4601
GE Transportation Finance
P.O. Box 822108
Philadelphia, PA 19182-2108
Grainger
4924 NW Loop 410
Harllee Packing, Inc.
P.O. Box 8
Palmetto, FL 34220-0008
Hill Country Electric Supply
818 Chestnut
I. Kunik Company
2000 Industrial Drive
Inter Tel Leasing, Inc.
1140 West Loop North
Houston, TX 77055-7218
International Bank of Commerce
c/o Michael G. Colvard
Martin & Drought, P.C.
Bank of America Plaza, 25th Floor
300 Convent Street
J-C Distributing, Inc.
2731 N. Donna Avenue
Freightliner of San Antonio
8700 IH 10 E Bldg., #1
G. R. Produce, Inc,
P.O. Box 2434
Gargiulo, Inc.
P.O. Box 1166
Bonita Springs, FL 34133-1166
Greenpoint Distributors
P.O. Box 7270
Harvest Crown Co., Inc.
P.O. Box 13578
Bakersfield, CA 93389-3578
Home Depot
P.O. Box 105991
IFCO Systems NA
5250 Tacco Drive
Internal Revenue Service
P.O. Box 7346
Interstate Billing Service Inc.
P.O. Box 2250
Decatur, AL 35609-2250
J.F.J.
127 N. San Gabriel
French-Ellison Truck Center
P.O. Box 200187
GB-SYS, Inc.
6338 N. New Braunfels, #181
Gargiulo, Inc.
Burns & Black, PLLC
750 Rittiman Road
Guadalupe Lumber & Supply
1547 S. Zarzamora
Henry Cole Enterprises, Inc.
P.O. Box 901408
Homestead, FL 33090-1408
Home Team Pest Defense
11900 Crownpoint Bldg., #A
Ice-0-Therm Refrigeration
7450 Saddle Bend Drive
International Bank of Commerce
130 E. Travis
Irigoyen Farms, Inc.
14801 S. Clovis Ave.
Selma, CA 93662-9641
J.J. Keller & Associates, Inc.
P.O. Box 548
Neenah, WI 54957-0548
29
Juniper Tomato Grower, Inc.
P.O. Box 38
Greensboro, FL 32330-0038
LexisNexis Screening Solutions
1000 Alderman Dr.
Alpharetta, GA 30005-4101
Lone Star Fire & First Aide
449 Culebra
Main Street Bank
23970 U.S. 59 North
Kingwood, TX 77339-1535
Managed Prescription Program
10860 Mavinee Drifve
Oro Valley, AZ 85737-9508
Maurilio's Trucking
2501 W. Military Hwy., #C26
McAllen, TX 785038962
Muller Trading Company
545 N. Milwaukee Ave., #201
Libertyville, IL 60048-2017
NACCO, Inc.
11765 West Avenue, #218
Nino's Truck Repair
602 Hazel St.
Key Equipment Finance
600 Travis St., 14th Floor
Lighting, Inc.
7243 Blanco Rd.
M&P Logistics
Malena Produce Inc.
PO Box 4678
Rio Rico, AZ 85648-4678
Mario A. Bustamante, M.D.
343 W. Houston, Suite 406
Mecca Family Farms, Ltd.
P.O. Box 541779
Lake Worth, FL 334541779
Muller Trading Company Inc
Jason R Klinowski
Freeborn & Peters LLP
311 S Wacker Dr, Suite 3000
Chicago, IL 60606-6679
NC Child Support
5800 Executive Center Dr., #200
Charlotte, NC 28212-8869
Oakleaf Florist
4185 Naco-Perrin
Kingdom Fresh Produce, Inc.
2243 North Goalie Rd., #A
Donna, TX 78537-5688
London Fruit, Inc.
9010 S. Cage Blvd.
Pharr, TX 78577-9769
M&P Produce Co., Inc.
Malena Produce, Inc.
947 E. Frontage Rd.
Rio Rico, AZ 85648-6264
Market Dispatch Services
Mission Produce, Inc.
2500 Vineyad Ave., Suite 300
Oxnard, CA 93036-1377
Muller Trading Company, Inc.
Bruce W. Akerly
Cantey Hanger LLP
1999 Bryan Street, Suite 3300
Dallas, Tx 75201-3100
NMHG Financial Services, Inc.
10 Riverview Dr.
Danbury, CT 06810-6268
Occupational Health Center
2990 Richmond Ave., #500
29
Ocean Mist Farms
Dept. LA 23299
Pasadena, CA 91185-3299
Penske Trcuk Leasing Co., L.P.
P 0 Box 563
Reading, PA 19603-0563
Penske Truck Leasing Co., L.P.
P 0 Box 563
Reading, PA 19603-0563
Pollock Paper Distributors
1 Pollock Pace
Grand Prairie, TX 75050-7939
Printing Communications, Inc.
5601 Central Crest
R.M. Compton Transport, Inc.
P.O. Box 1696
Pharr, TX 78577-1630
River City Produce
1616 So. Laredo St.
Rush Truck Center
755 E. 44th St.
Tucson, AZ 857135003
SABCO
San Antonio Express-News
P.O. Box 2171
Office Depot
P.O. Box 9726
Macon, GA 31297-9726
Penske Truck Leasing
P.O. BOx 7429
Pasadena, CA 91110-7429
Pitney Bowes, Inc.
P.O. Box 371887
Pittsburgh, PA 15250-7887
Prepass
101 N. 1st AVe., Suite 2200
Phoenix, AZ 85003-1908
Pro Act
22 Lower Ragsdale Dr,. Suite A
Monterrey, CA 93940-5788
Rio Queen Citrus
4012 E. Goodwin Rd.
Mission, TX 78574-9525
Royal Flavor, LLC
2655 Melksee St.
Rush Truck Center of Texas
P.O. BOx 200105
SBS Administrative Services
433 Kitty Hawk, #217
Universal City, TX 78148-3829
San Antonio Merchant Shipping
9540 Ball st.
Paccar Financial Corp.
PO Box 676014
Dallas, TX 752676014
Penske Truck Leasing
P.O. Box 827380
Pollock Paper Distributor
3802 Binz-Engleman, #143
Prime Time Sales
P.O. BOx 4135
Rio Rico, AZ 85648-4135
Produce Express
1603 S, Zarzamora
Rio Queen Citrus, Inc.
Burns & Black, PLLC
750 Rittiman Road
Ruben's Truck Brokerage
P.O. Box 4106
Ryder Transportation Services
P.O. Box 96723
Chicago, IL 606936723
San Antonio Diagnostic
P.O. Box 20366
Houston, TX 772250366
San Antonio Produce Termi
1500 S, Zarzamora
29
San Antonio Water System
P.O. Box 2449
Spartan Staffing, LLC
P.O. Box 740435
Stokes Law Office, LLP
9155 S. Dadeland Blvd.
Dadeland Centre, #1208
Miami, FL 33156-2737
Tennant Sales and Service
P.O. BOx 71414
The Dominion Country Club
One Dominion Drive
Tijerina & Sons, LLC
c/o Zachary B. Aoki
Thurman & Phillips, PC
8000 IH-10 West, Suite 1000
Toyota Motor CRedit Corp.
c/o Weltman, Weinberg & Reis Co., LPA
323 W. Lakeside Avenue, 2nd Fl
Cleveland, OH 44113-1085
Triple H Produce, LLC
1000 E. Vermont Ave.
Unifirst Corporation
3047 E. Commerce St.
Valero Marketing & Supply
P.O. Box 300
Amarillo, TX 79105-0300
Slankard Produce Co., Inc.
1500 S. Zarzamora
Staples Business Advantage
P.O. Box 83689
Superior Tomato-Avocado
750 Merida
Texas Access Controls
10203 Kotzebue, #230
Thompson Print Solutions
5818 Rocky Point Dr.
Tomatoes of Ruskin, Inc.
P.O. Box 306
Ruskin, FL 33575-0306
Tri-Pak Machinery, Inc.
P.O. Box 1228
Harlingen, TX 78551-1228
U.S. Attorney
601 NW Loop 410, Suite 600
United States Trustee SA12
US Trustee's Office
615 E Houston, Suite 533
PO Box 1539
Vance Publishing Corp. a/k/a The Packer
10901 W 84th Terrace
Suite 300
Lenexa, KS 66214-1631
Southern Tire Mart, LLC
6081 I 10 East
Steinbeck Country Produce
P.O. Box 7417
Spreckels, CA 93962-7417
Tenn Tex Sales & Service
9304 Converse Business Lane
Converse, TX 78109-3066
Texas CSDU
P.O. BOx 659791
Tijerina & Sons, LLC
808 s. Shary Rd., Suite 5
Mission, TX 78572-8569
Total Quality Logistics, Inc.
1701 Edison Drive
Milford, OH 45150-2728
Triple Crown Label Group
421 E. Kingsbury St.
Seguin, TX 78155-2702
U.S. Attorney General of
Main Justice Bldg., #5111
lOth & Constitutional Ave., NW
Washington, DC 20530-0001
Utility Trailer Sales
34241 LBJ Frwy.
Dallas, TX 75241-7216
Verizon Wireless
P.O. Box 630062
Dallas, TX 75263-0062
29
Victory Packaging
P.O. Box 840727
Dallas, TX 752840727
Walsma & Lyons
534 Gordon Industrial Ct.
Byron Center, MI 49315-8355
Wells Fargo Equipment Finance
733 Marquette Ave. S, #700
Minneapolis, MN 554022316
Willson Davis Co.
c/o Joe R. Hinojosa
Barkhurst & Hinojosa, P.C.
110 Broadway, Suite 350
Wortham Insurance & Risk
131 Interpark Blvd.
Craig A. Stokes
Stokes Law Offices, LLP
3330 Oakwell Court, Suite 225
W W Grainger Inc.
Attn: Special Collections Dept
7300 N Melvina
Niles, IL 607143998
Waste Management
4730 SE Loop 410
West Coast Tomato, Inc.
530 5th Ave. Dr. W
Palemetto, FL 342215154
Willson Davis Company
150 0 S. Zarzamora
Yotta Mark
1400 Bridge Parkway, #101
Redwood City, CA 94065-6130
R. Glen Ayers Jr
Langley and Banack, Inc
745 E Mulberry, 9th Floor
W&B Service Company
8803 IH 10 East
Converse, TX 78109-5103
Wells Fargo Bank
P.O. Box 4044
Concord, CA 94524
Whisenant Farms, Inc.
19755 State Rd. 62
Parrish, FL 342199235
Wilson Produce, LLC
555 W. Goldhill, Unit A26
Nogales 85621-3547
Allen M. DeBard
Langley & Banack, Inc
745 E Mulberry, Suite 900
William R. Davis Jr
Langley & Banack, Inc
745 E Mulberry Ave, Suite 900
29
E hibit
29
TIMEKEEPER HOURLY RATE
Randall A. Pulman $400.00
Elliott S. Cappuccio $375.00
Devin D. "Buck" Benson $375.00
B. Raphael Sonsino $375.00
David Lopez $375.00
Leslie Sara Hyman $350.00
Shari P. Pulman $350.00
Eric A. Pullen $350.00
J. Bradley Jones $350.00
Lance H. "Luke" Beshara $290.00
Leigh Leshin Levy $250.00
Cristina M. Nahidi $225.00
Tiffanie S. Clausewitz $225.00
Grant M. Gaines $200.00
Paralegals $160.00
Law Clerks $150.00
Exhibit "A"
29
E hibit B
29
CONTINGENCY ATTORNEY FEE CONTRACT
This Contingency Attorney Fee Contract is made this the .__ilf!___ day of January, 2012, by
and between W. Scott Jensen and Jamie L. Jensen, whose mailing address is
731!)3
___ , Antonio, Texas Delta Produce, LP and Atled, Ltd.
with their principal places of business and mailing address at 2001 South Laredo Street, San
Antonio, Texas 78207 ("Clients"), and the law firm ofPulman, Cappuccio, Pullen & Benson, LLP
("PCPB") with its principal place of business and mailing address at 2161 NW Military Highway,
Suite 400, San Antonio, Texas 78213. In consideration of the mutual covenants and undertakings
herein contemplated, Clients and PCPB hereby agree as follows:
I. Purpose of Representation
Clients wish to retain PCPB as their attorneys to investigate and pursue claims arising from
Clients' alleged causes of action against H. E. Butt Grocery Company, HEB Grocery Company, LP
and HEBCO GP, LLC and any of their affiliates, subsidiaries, parents, related entities or individuals,
or other responsible parties (the "Claims").
II. Assignment
To secure the performance oflegal services by PCPB on behalf of Clients as set forth herein,
Clients hereby transfer and assign to PCPB an undivided interest in the aforesaid Claims, such
. interest being equivalent to the amount or percentage of gross recovery that Clients, by this
Agreement ( the "Agreement") as hereinafter set forth, promise to pay for the legal services of
PCPB.
III. Association with Other Counsel
Clients agree that PCPB may associate with other counsel in the prosecution cif Clients'
Claims. In the event PCPB associates with other counsel to prosecute Clients' Claims, the fees, if
Contingency Attorney Fee Contract, Page 1 of 7
Exhibit "B," Page 1 of 11
29
any, to be paid to the associated counsel will come solely from the portion assigned to PCPB.
IV. Attorneys' Fees
PCPB will be compensated for legal services rep_dered hereunder only in the event of an
actual recovery obtained on behalf of Clients. Clients agree to pay PCPB a sum of money equal to
thirty-five (35%) of all money, property, services and/or things of value collected, received,
awarded, and/or forgiven, directly or indirectly, pertaining to the Claims and whether as part of a
. settlement, final order, judgment, or otherwise, including but not limited to any sanctions or
attorneys' fees awarded. In the event either party shall file or perfect any appeal of any judgment,
order, or award, said percentage shall increase to forty percent ( 40%). The foregoing amounts shall
be calculated from the gross recovery; i.e., from the damages, amounts, or other things of value paid
and/or awarded to Clients before any expenses, costs, setoffs, counter-claim, other adverse
judgments, or direct payments (e.g., to third parties) are deducted.
V. Payment of Expenses
All costs and other expenses reasonable, necessary or otherwise incurred by PCPB in
handling Clients' claims shall be paid by Clients. Payment of said fees shall be guaranteed by
W. Scott Jensen, Individually(" Jensen"). However, in the event neither Clients nor Jensen pay said
expenses and PCPB is required to do so, the percentages set out in paragraph N. hereinabove shall
increase to forty percent ( 40%) in the event of an actual recovery and percent ( 45%) in
the event ariy party shall file or perfect any appeal. In either event, and in the event of a recovery,
Clients shall reimburse PBPC for all such expenses. Reimbursement of said expenses shall come
solely from Clients' share of the recovery. Clients hereby grant PCPB a lien on their portion of any
recovery in the amount of the costs and expenses advanced, incurred, .and/or paid by PCPB, and
29
expressly authorize PCPB to withhold the same from the disbursement of Clients' portion of any
recovery and use such funds to pay such costs and expenses.
VI. Approval Necessary for Settlement
No settlement of any nature shall be made for any of the aforesaid Claims of Clients without
first discussing the same with PCPB nor shall PCPB obtain any settlement on the Claims without
the approval of Clients.
VII. Appointment as Attorney-in-Fact
In the event a recovery is obtained, Clients agree that payment shall be made jointly and
severally to PCPB and Clients. Clients irrevocably appoint PCPB as Clients' attorney-in-fact with
respect to the recovery and authorize PCPB to negotiate the payment and endorse any check
received as payment without further authorization or signature of Clients. After the payment has
cleared PCPB's bank, PCPB shall deduct expenses and attorneys' fees, and then remit the balance
of the recovery to Clients.
VIII. Cooperation of Clients
Clients hereby agree that they and their authorized representatives shall appear on reasonable
notice at any and all depositions and court appearances and shall comply with all reasonable requests
ofPCPB in connection with the preparation, presentation, and/or prosecution of the above-described
lawsuit or arbitration. Clients and Jensen also agree to keep PCPB apprised at all times of their
current address and telephone numbers where their authorized representatives may be contacted.
Clients represent that they have been truthful and honest with PCPB, and have not failed to
disclose any relevant material information, in their discussions with PCPB related to the
representation and matters for which PCPB has been engaged. Clients understand that their failure
29
to be truthful and honest, or to disclose any relevant material information, is grounds and good cause
for PCPB to immediately terminate this Agreement.
Clients authorize PCPB to take instruction of every kind and character related to the
Representation from W. Scott Jensen. In the event Clients wish to modify the person( s) from whom
PCPB can take instruction, then Clients shall do so in a writing signed by a duly authorized
representative. Clients consent to communication by electronic mail without the need to send
additional copies by other means.
IX. Permission to Withdraw
By entering into this Agreement, PCPB does not warrant or represent that it will represent
Clients through the ultimate resolution of these matters or that it will file suit on behalf of Clients.
PCPB shall have the right to withdraw from the representation at any time. In the event PCPB shall
determine after conducting a preliminary investigation that PCPB does not wish to pursue said
claims on behalf of Clients for any reason, including but not limited to the financial inability of any
responsible parties to satisfy any potential judgment or award on the merits of the Clients' claims,
Clients hereby agree that PCPB, in its sole discretion, may withdraw from the representation of
Clients by sending written notice to Clients at the above-described address or at Clients' e-mail
address or other last known address.
X. Termination by Clients
In the event Clients terminate PCPB' s representation without "cause" as that term is defined
. and interpreted under Texas law, Clients agree to pay PCPB according to the terms of this
Agreement.
29
In the event Clients terminate P CPB' s representation with "cause" as that term is defined and
interpreted under Texas law, Clients agree to pay and reimburse PCPB for its attorneys' fees on an
hourly basis, plus PCPB 's reasonable costs and expenses incurred, to the maximum extent permitted
by Texas law.
XI. Law, Forum, Jury Waiver
This Agreement shall be construed in accordance with the laws of the State of Texas.
This Agreement shall be binding upon and inure to the benefit of the parties and their respective
heirs, executors, administrators, legal representatives, successors and assigns. Mandatory and
exclusive forum for any dispute arising from, related to, and/or connected with this Agreement
and/or between PCPB and Clients shall be in a Texas state court situated in and regularly holding
court in Bexar County, Texas. Clients hereby knowingly, voluntarily, and intentionally waive any
right they may have to a trial by jury on any claims arising under or related to this Agreement and/ or
its representation by PCPB.
cJ it t.A-\ s .... _ XII. Attorney-Client Responsibilities .
~ ~ ~ e that all communication between Clients and PCPB will be held confidential
and not disseminated to any other person. Clients understand and agree that PCPB's services will
be rendered consistent with PCPB' s obligations under all applicable law and rules of procedure, as
well as the Texas Disciplinary Rules of Professional Conduct and the Texas Lawyer's Creed. A
copy of the Texas Lawyer's Creed is furnished herewith. The purpose of the Creed is to reduce
expense and inconvenience for clients, and to make the litigation process more productive and
efficient for all concerned. Please review the Creed and feel free to ask us any questions you have
about it before signing this Agreement. Furthermore, Clients acknowledge that PCPB has provided
;
them with an "Attorney Complaint Information" brochure published by the State Bar of Texas.
29
XIII. Warranty
Clients represent and warrant that Clients are the sole owner of the Claims and that they have
not heretofore transferred or assigned any portion or percentage of the Claims to any other attorneys,
individuals, or entities. Clients represent and acknowledge that no attorney-client relationship
existed with PCPB prior to the execution of this Agreement by Client. Clients represent and warrant
that Clients are not relying upon the representations ofPCPB and/or its attorneys in entering into
this Agreement, except as they may expressly appear in writing in this Agreement, and that Clients
have had an opportunity to consult with independent counsel prior to executing this Agreement.
The person signing this Agreement on behalf of Clients represents and warrants that said person is
authorized to execute this Agreement on behalf of Clients and bind Clients to the terms hereof, and
all corporate documents necessary to grant such authorization have been completed.
XIV. Effort and No Assurance of Outcome
PCPB agrees to use diligent efforts in representing Clients in this Matter. Although PCPB
and Clients have discussed the relative merits of the Claims, Clients acknowledge that PCPB has
not and cannot provide any assurances or guarantees whatsoever regarding the outcome of this
matter or the outcome of any Claims. Clients acknowledge that litigation is inherentlyunpredictable
such that Clients may not recover any amounts despite the efforts ofPCPB.
XV. Legal Construction
In the event any one or more of the provisions contained herein shall be held to be invalid
or unenforceable in any respect, such invalidity or unenforceability shall be severed and shall not
be deemed to nullify the balance of this Agreement, which shall remain in full force and effect.
XVI .. Final and Complete Agreement of the Parties
This Agreement constitutes the final and complete agreement of the parties and supersedes
any prior understandings or written or oral agreements between the parties respecting the subject
29
matter. This Contingency Fee Contract is executed in duplicate, each with the dignity of an original.
A copy of this document or of a signature shall be afforded the same dignity as an originaL
The parties agree that documents can be exchanged by facsimile or electronic transmission.
SIGNED AND AGREED TO this ..2!!!_ day of January, 2012.
Delta Produce, L.P.
By:
Management,
Payment of Fees and Expenses Guaranteed
By:
Payment of Fees and Expenses Guaranteed
By:
29
THE TEXAS LAWYER'S CREED--
A MANDATE FOR PROFESSIONALISM
Adopted November 7, 1989
ORDER OF ADOPTION
The conduct of a lawyer should be characterized at all times
by honesty, candor, and fairness. In fulfilling his or her
primary duty to a client, a lawyer must be ever mindful of the
profession's broader duty to the legal system.
The Supreme Court of Texas and the Court of Criminal
Appeals are committed to eliminating a practice in our State by
a minority of lawyers of abusive tactics which have surfaced
in many parts of our country. We believe such tactics are a
disservice to our citizens, harmful to clients, and demeaning to
our profession.
The abusive tactics range from lack of civility to outright
hostility and obstructionism. Such behavior does not serve
justice but tends to delay and often deny justice. The lawyers
who use abusive tactics instead of being part of the solution
have become part of the problem.
The desire for respect and confidence by lawyers from the
public should provide the members of our profession with the
necessary incentive to attain the highest degree of ethical and
professional conduct. These rules are primarily aspirational.
Compliance with the rules depends primarily upon
understanding and voluntary compliance, secondarily upon
re-enforcement by peer pressure and
public opinion, and fmally when necessary by enforcement by
the courts through their inherent powers and rules already in
existence. These standards are not a set of rules that lawyers
can use and abuse to incite ancillary litigation or arguments
over whether or not they have been observed.
We must always be mindful that the practice of law is a
profession. As members of a learned art we pursue a common
calling in the spirit of public service. We have a proud
tradition. Throughout the history of our nation, the members
of our citizenry have looked to the ranks of our profession for
leadership and guidance. Let us now as a profession each
rededicate ourselves to practice law so we can restore public
confidence in our profession, faithfully serve our clients, and
fulfill our responsibility to the legal system.
The Supreme Court of Texas and the Court of Criminal
Appeals hereby promulgate and adopt "The TEXAS
LAWYER'S CREED--A Mandate for Professionalism" as
attached hereto and made a part hereof.
In Chambers, this 7th day of November, 1989.
THE TEXAS LAWYER'S CREED--A MANDATE FOR PROFESSIONALISM
I am a lawyer. I am entrusted by the People of Texas
to preserve and improve our legal system. I am licensed by the
Supreme Court of Texas. I must therefore abide by the Texas
Disciplinary Rules of Professional Conduct, but I know that
professionalism requires more than merely avoiding the
violation of laws and rules. I am committed to this creed for
no other reason than it is right.
I. OUR LEGAL SYSTEM
A lawyer owes to the administration of justice
personal dignity, integrity, and independence. A lawyer should
always adhere to the highest principles of professionalism.
1. I am passionately proud of my profession. Therefore, "My
word is my bond."
2. I am responsible to assure that all persons have access to
competent representation regardless of wealth or position in
life.
3. I commit myself to an adequate and effective pro bono
program.
4. I am obligated to educate my clients, the public, and other
lawyers regarding the spirit and letter of this Creed.
5. I will always be conscious of my duty to the judicial
system.
IT. LAWYER TO CLIENT
A lawyer owes to a client allegiance, learning, skill, and
industry. A lawyer shall employ all appropriate legal means to
protect and advance the client's legitimate rights, claims, and
objectives. A lawyer shall not be deterred by any real or
imagined fear of judicial disfavor or public unpopularity, nor
be influenced by mere self-interest.
1. I will advise my client of the contents ofthis creed when
undertaking representation.
2. I will endeavor to achieve my client's lawful objectives in
legal transactions and in litigation as quickly and economically
as possible.
3. I will be loyal and committed to my client's lawful
objectives, but I will not permit that loyalty and commitment
to interfere with my duty to provide objective and independent
advice.
4. I wiii advise my client that civility and courtesy are
expected and are not a sign of weakness.
5. I wiii advise my client of proper and expected behavior.
6. I will treat adverse parties and witnesses with fairness and
due consideration. A client has no right to demand that I abuse
anyone or indulge in any offensive conduct.
7. I will advise my client that we will not pursue conduct
which is intended primarily to harass or drain the financial
resources of the opposing party.
8. I will advise my client that we wiii not pursue tactics
which are intended primarily for delay.
9. I will advise my client that we will not pursue any course
of action which is without merit.
10. I will advise my client that I reserve the right to
detern1ine whether to grant accommodations to opposing
counsel in ail matters that do not adversely affect my client's
lawful objectives. A client has no right to instruct me to
refuse reasonable requests made by other counsel.
11. I will advise my client regarding the availability of
mediation, arbitration, and other alternative methods of
resolving and settling disputes.
ill. LAWYER TO LAWYER
A lawyer owes to opposing counsel, in the conduct oflegal
transactions and the pursuit of litigation, courtesy, candor,
cooperation, and scrupulous observance of all agreements and
mutual understandings. Til feelings between clients shaii not
influence a lawyer's conduct, attitude, or demeanor toward
opposing counsel. A lawyer shall not engage in unprofessional
conduct in retaliation against other unprofessional conduct.
1. I will be courteous, civil, and prompt in oral and written
29
communications.
2. I will not quarrel over matters of form or style, but I will
concentrate on matters of substance.
3. I will identify for other counsel or parties all changes I
have made in documents submitted for review.
4. I will attempt to prepare documents which correctly reflect
the agreement of the parties. I will not include provisions
which have not been agreed upon or omit provisions which are
necessary to reflect the agreement of the parties.
5. I will notify opposing counsel, and, if appropriate, the
Court or other persons, as soon as practicable, when hearings,
depositions, meetings, conferences or closings are cancelled.
6. I will agree to reasonable requests for extensions of time
and for waiver of procedural formalities, provided legitimate
objectives of my client will not be adversely affected.
7. I will not serve motions or pleadings in any manner that
unfairly limits another party's opportunity to respond.
8. I will attempt to resolve by agreement my objections to
matters contained in pleadings and discovery requests and
responses.
9. I can disagree without being disagreeable. I recognize that
effective representation does not require antagonistic or
obnoxious behavior. I will neither encourage nor knowingly
permit my client or anyone under my control to do anything
which would be unethical or improper if done by me.
10. I will not, without good cause, attribute bad motives or
unethical conduct to opposing counsel nor bring the profession
into disrepute by unfounded accusations of impropriety. I will
avoid disparaging personal remarks or acrimony towards
opposing counsel, parties and witnesses. I will not be
influenced by any ill feeling between clients. I will abstain
from any allusion to personal peculiarities or idiosyncrasies of
opposing counseL
1 L I will not take advantage, by causing any default or
dismissal to be rendered, when I know the identity of an
opposing counsel, without frrst inquiring about that counsel's
intention to proceed.
12. I will promptly submit orders to the Court. I will deliver
copies to opposing counsel before or contemporaneously with
submission to the Court. I will promptly approve the form of
orders which accurately reflect the substance of the rulings of
the Court.
13. I will not attempt to gain an unfair advantage by sending
the Court or its staff correspondence or copies of
correspondence.
14. I will not arbitrarily schedule a deposition, court
appearance, or hearing until a good faith effort has been made
to schedule it by agreement.
15. I will readily stipulate to undisputed facts in order to
avoid needless costs or inconvenience for any party.
16. I will refrain from excessive and abusive discovery.
17. I will comply with all reasonable discovery requests.
will not resist discovery requests which are not objectionable.
I will not make objections nor give instructions to a witness for
the purpose of delaying or obstructing the discovery process.
I will encourage witoesses to respond to all deposition
questions which are reasonably understandable. I will neither
encourage nor permit my witoess to quibble about words
where their meaning is reasonably clear.
18. I will not seek Court intervention to obtain discovery
which is clearly improper and not discoverable.
19. I will not seek sanctions or disqualification unless it is
necessary for protection of my client's lawful objectives or is
fully justified by the circumstances.
IV. LAWYER AND JUDGE
Lawyers and judges owe each other respect, diligence,
candor, punctuality, and protection against unjust and improper
criticism and attack. Lawyers and judges are equally
responsible to protect the dignity and independence of the
Court and the profession.
L I will always recognize that the position of judge is the
symbol of both the judicial system and administration of
justice. I will refrain from conduct that degrades this symboL
2. I will conduct myself in Court in a professional manner
and demonstrate my respect for the Court and the law.
3. I will treat counsel, opposing parties, the Comi:, and
members of the Court staff with courtesy and civility.
4. I will be punctuaL
5. I will not engage in any conduct which offends the dignity
and decorum of proceedings.
6. I will not knowingly misrepresent, mischaracterize,
misquote or miscite facts or authorities to gain an advantage.
7. I will respect the rulings of the Court.
8. I will give the issues in controversy deliberate, impartial
and studied analysis and consideration.
9. I will be considerate of the time constraints and pressures
imposed upon the Court, Court staff and counsel in efforts to
administer justice and resolve disputes.
"COPR. (C) WEST 1993 NO CLAlM TO ORIG. U.S. GOVT. WORKS". WESTLAW AND WESTNET
ARE REGISTERED SERVICE MARKS OF WEST PUBLISHING CO. REG. U.S. PAT. AND TM. OFF.
1
2
-
5
0
0
7
3
-
l
m
c

D
o
c
#
8
1

F
i
l
e
d

0
2
/
0
8
/
1
2

E
n
t
e
r
e
d

0
2
/
0
8
/
1
2

1
4
:
5
7
:
0
5

M
a
i
n

D
o
c
u
m
e
n
t

P
g

2
8

o
f

2
9
tr:i

;:
....
.....

1-d
;:.:!
(J'(:l
("0
.....
Q
0

.....
.....
you nor the Ll\:vyer has the rlghr Lo appear bcfi:lre the
Summar: PaneL Tbt: P<!nd reviews the
compbinr. wgether with any information, documents,
:wd evidt:nce deemed nt"'ct:-ssary for ir ro make irs ruling.
No testimony is at the hearing. Jf the Panel dete'r-
mines that is appropriate, all parl:ies are so
notified.
What is a Summary Disposition Panel and who is on it?
Scare Bar grievance comrnirrecs are composed of volun-
teer brwyt.:rs and members of' the rub lie which sen'e in
4S
1
disciplinary dinricts ac:ross rhe Each
commlttc:e is comooslJ (if2/3 bwycr membt'n ;.tnd J/3
public mc;mbcr5. The cornmittce6 act in panels that ;1re
<J.lso 213 l.nvyer mtrnber;.; and 1/3 Fmblic mt'mben. The
Summary Disposirion Panel is panel of a grit\ance
commirtee rhat i.s re:>pDn.sib!e for deciding a
compbinr 5hoLdd be dismi<>sed based upon th;;:- n:corn-
mend:nion of rhe Chief Discipli11ary Counsel o.r should
pmcecd.
Con I teslify crt o Summary Disposition Panel meeting?
N0. The Summary Disposition l)and review<:: the case
wirbour oral testimony From any party.
Can either party appeal o decision by the Summary
Disposition Ponel?
No. There. is no li-Dlu a by r.he
Summm-r Disposirion that the complaint sho11ld
proceed or be dismissed.
How will I know what happens with the grievance that
I file?
You wit! receive in wrlcing abom the .srarus
of your grit:\:.wce throughout e:u.;h step of the grievance.-:
process.
What happens to lawyers who hove been found guilty
of professional misconduct?
Tht: Lnvyer may recei\e one or more of rhe follorying
!>anctions . depending upon the severity of the case.
These include: (1) a reprimand, which Inay be public or
private.; ll) suspension from the pracricc of law, all or
part of which may be probared; or(:)) disbarment. A ..ny
public sanction an atmrne-y ft.H profe-ssion<ll mis-
conduct \Vilf become a perm:.:mem pan of rhr.:
record.
Does the State Bar offer any other avenue of recourse
for cr complainant who has a dispute with a lawyer
that is not resolved through the attorney disciplinary
system?
Possibly. A.L any srage of the- grievance process aL 1vhich ,1.
complain,mt's. grievance the i:;
referred ro volumary medieHion and dispute. resolurion
proccdurc1 d1e Clienr-Atcorney
Should occur, yJU 'Nil! be proYided flinher .infor-
marinn about tha.t pmgram.
Can anything be done for clients whose money has
been stolen by their attorney?
Yes. The Clienr .Securlr: Fund is a disnerionary fund
maintained by the State Bar rhar may provide some relief
"fl) under ce:Tt.ain circumsr:mcrs . .fn order ro :\Cek
reliet: ::tpplicat.ion musL be made wich the Fund J.nJ the
applicant musr have participated in the arrorney discj-
plinary process (unless the lavt:rer is alrc:ady decea.5ed .
disbm-r.:cl or resigned, llr on an indc:flnire sns-
pension prior w completion ()f rhe applicant's corn-
pi:Jlnr against the;- l:.:nvyer). Unc..kr certain
clients be eligible for fuu..nci.:d relief from chis
.mun:.l,;'. Client 5l:'curiry FunJ dol's nut addre8s legal
malpractice damages, di:;putcs over the amount charged
for st'!"'lice'l. dis.sacisfacrion with the outcome
by the or recovery oF monies paid w
another arrorney for work. char was noc done br che::
hnvyer compbined about.
Who! if I believe I have a claim for legal malpractice?
.Neither the Stare Bar nor the Chief Disciplinary
sel can advise you regarcling,.,hat claims, if any, you m;ty
have for legal malprJ.crice. The Stare Har doe.>:: not ha\e
any ability to pur.me or in any rash ion become involved
in whatever daJms you may have with regard to leg:1l
malpractice on the pan of rhe b.wyer. If you believe you
have such a claim, you should seek advice private
attorney of your choosing.
Who do I contact if I have other questions about the
disciplinary process?
ff }'DU hnve q\U .. prior ro filing a grievance:. please
cul the Grievance JnCormatioo Helpline "' B00-'!32-
1900. lf you afrer you baYe filec.t a griev-
ance. ple:ue cal! th_e Chief Disciplinary Coumel's office
at 1)66-224-5999 or ;nire 1:he ChiefDisciplinarr Coun-
sel's office :tr rhe :1ddre.s.s belmv.
OHlce of the Chief Disciplinary Counsel
Scare
1'0. Box 1248!
'Il:xJs 78711-2487
1 (wll free)
6/07
A RNE
0 M P LA I T
INFORMATION
This some common quesdons about
the Stare Ba.r's":i.ttorney disciplinary system. If you
have any questions, rhis process that are {lOt
answered in this please call the Grievance
Information Helpline Bar of Texas at 1-
800-932-1900. p'
J'
1
2
-
5
0
0
7
3
-
l
m
c

D
o
c
#
8
1

F
i
l
e
d

0
2
/
0
8
/
1
2

E
n
t
e
r
e
d

0
2
/
0
8
/
1
2

1
4
:
5
7
:
0
5

M
a
i
n

D
o
c
u
m
e
n
t

P
g

2
9

o
f

2
9

=-
.....
0"
....
......
"

'i::j

IJQ
(\}
I'""'
I'""'
0
......
I'""'
I'""'
.All lawyers ln Texa.i have an obligation to maintain a
high stand3.fd of ethical conduct toward their cl.ients
and others. To enforce this standard, the State Bar of
Texas jnyestlgates and prosecutes compla.i.nts of pro-
fessional misconduct a.t,rainst attorneys Ucen.'ied in
Te...'l:a.'i> pursuant to the Texas Rules of Disciplinary
Procedure as promulgated by the Supreme Conrt of
Te..-x-as.
Who! rules ure lawyers required lo follow?
For pmposes of professional discipline., rhe ethical rules
thar artornt::p rnusr follow are called the l"cx:L'; Discipli-
Rules of Professional Conducr. These rules maY be
at W\Y\.Y.tex:>..sbar.com. 'Thc.r are also primed i1; the
Texas Government Code (Tide 2, Subtitle G-Appendix
A, Article I 0, oection 9). or you may call 1-R00-932-
19011 to request a copy for $15.00.
Should I file a grievance?
H.eporring unethical behavior of Texas bwyers helps
reduce and prevent harm to the public and the legal pro-
fession, ]n order for rhe Stare Ba.r ro invesdgate the attor-
ney's conduct .. the person seeking to complain about the
attorney must file a written grie.\'ance the
attnrne/s conduct v,:irh the State Bar. The Bar\ Griev-
ance Information Helpline can assist
you in den:rmin.ing YYhetht:-r to report the conduct of the
lawyc-.r and 1-\"hethcr orher resources might be benetlcial.
Is there o slolu!e of limitations on filing a grievance?
Yes. \Vith <:t there is a four-year starute of
limltJrions on f-iling a grie-v-ar1ce .. This means that you
usually have fOur years fl.-om the time rhe aHeged rn..is-
cnnduct oo:urreJ ro 11le a grievance: with the State Bar.
Musil be the person who hired the lawyer in order lo
file a complaint?
No. Any person wirh knowledge of wlut they believe to
be profession:1l misconduct by a lawyer has the ability to
flle a complaint.
How do I file a grievance?
The first step in fiiing a grievance is to complete a griev-
ance form and mail it to the State Bar ChieFDisciplinarr
Counsel's offl.ce. you have obtaineJ a grievance form
from the. State Bar, it should be mailed to [he address
slwwn at rbe bottom uf rl1t.' furm. lr is impurtant tbat
you mail your grievance to the appropriate office for
rcvie\V. This would be the oHlce closest to where the
arrornev's oftlc<: is locmed. The office ::tddresses can be
the Bar's websitt: or you ca11 call nnJ
obta.in thar informatiorr from the Grievance Information
Helpline ar 1-800-932-1900, or by calling rhe Chief
Disciplinary Cmmsd's office roll free ;u

Please be sure ro include -..,virh your grievance form
copie:; (not originals) of any clocurnenmtiLin - such o.s
letters or pleadings - thm .'fOll believe are in
understanding your
Are grievances confidential?
If you reporting rhe conduct of ;l hwyl:'r who is or
was representing you in a legal matter, it is very impor-
tarll to k.now that signing the grievance form waives the
attorney-diem privilege thar. woul.d otherwise ker.::p dis-
cussions bet,veen you and . your bwver confidencial.
\Va.iver of this priv(lege is f"o; rhe Stne Bar to
review your grie\'J.l1ce in its entirety.
Jnformation about a pcnillng grievance agrtinsr a lav ..'}'er
is a.nd not sub jeer w disclosure unless it is
ordered by a court to do so or the lawyer complained
abour \V<1ives coHfidentialitY. Howevef. if rhe lawver is
found to !uve comminecl Professional. and
receives a public sanctio11, informJtion rhe griev-
ance is no longer conHllcntia!.
What happens after I file o grievance?
The Clrief Disciplinary Counsel's staff will review the
grievance w dl'termine wherher rhc allegarions violate
<UTY of the tthical rules. This is c;J!led rhe 'rclassiHcacion
sta.ge" of rhe discipLinary process,
A Rrlcv:mce rhat does nor allege a violation of rhe ethical
rules is classified as an "inquiD.:' and disrni!lsed. You >vi!l
be nori!led of rhe dismissal and the matter will be
referred to the Client-ALt.orney Assistance Progra.m f{w a
voluntary medi<trion and dispute resolution procedure.
Can I appeal the dismissal of the grievance?
Yes. You have one opportunity to file an appeo!l of rht::
dassillcation to the Supreme Court's Boord of Discipli-
na.ry Appeals il:lODAJ within 30 day; !Tom nntificatinn
of the BODA >vill re>iew rhe grievance and
make an independent dett'nnin;trion abom \Vherhcr the
gri<:,vance SLates <1 violarion oF the ethical rules. BODA
may agree >Yith rhe Chief Disciplinary Counsel's deci
sian or it m<I'r" reverse Lhe cbs.sillcarion decision. lf
RODA granr.s -rhe appc<1l and re\'er:;e;; rhe ch5sifl.cation
decision, the grievance is referred back to the Chief Di5-
ciplinary Counsel for investigarion.
Can I amend andre-file my grievance?
Yes. If BOD .A denies your appeal and affirms the dis ..
missal of your grievance) _you can rhc dismissed
gr.ieY::mce with new or addidon::il infl:.\nnation and re5ub-
mit it to the Chief Disciplinary Counsel's o11lce vvithin
20 days of your receipt of BODi\'s notice. The amended
grievance must contain new or addiTional infOrmation
and m:1.y be amended one time only.
Who1 happens if my grievance does stole a rule
viololion?
If it is determined thac the grievance does state a rule
violarion1 it is classified as a "comph1int." The lmvycr
complained about is sent a copy of rhe complaint and
askc:d to responJ ttJ the allegation(s) and 5ubmit a
in writing within 30 days, The Chief Discipli-
nary Counsel will then conduct a "just cau5e': inve.stiga-
rion, re\ie;<,ving all of the information received ffom rhe
complaining Parry and the accusr:d arrorney .and any
addition:!! inf(nmmion gathered in order to decide
wherhe-r there js jusi cause to believe rb.at professional
misconduct occurred.
What hoppens after the jus! cause investigation is
completed?
IFrhe ChkfDi.':'dplinary Cuunsd conc:lllcles that rhere is
just cause. m believe profCssional miscondu.ct occurred,
the };rV"I')-er is notified of what conducr is complained
abour and 1vhar ethical rules are alleged to h:n'e been vio-
lalt:-d. The. lawyer is given a choice of whed1er w h<lYe a
panel of a gric\ance committee or a district judge hear
the case.
A petition is rhen filed eirher ;m Eviclenriary Pand
or a disrricr court by rhe Chief Disciplinary Counsel on
behalf of the Commission for Law:rer Discipline. The
ca.se will then be se.t for trial either before an Evidemian-
Panel of a grievance committee or a districr court. .
Who! happens if my complain! proceeds to an
evidentiary hearing?
An EvidentiarY P<md is a pand of a grievance commir-
rce composcc!' of 21":5 la ....:,.yer and 11.3 nun-
lawyer members who hear and con5idu the evidence
and decide whether the Ll\vycr bas commirred profes-
sional misconduct. \\limess examination may be con-
ducted only by the Commission for Lavvyer
and. the EYidc-ntbry Pa.nd mernben;, The admi.s:siori or
exclusion of e-ricle1:1c:r:: shall be in r.he discrecion of "the
Evidenciary Panel chair. After conducting the EviJ.en-
riary hearing, rbe. Evid.enti:Hy Pa.nd will issue a
menr of its declsion within 30 davs on whether or hot
artorner is f-()llfhl to have professional
misconduct. A..ll parties ::tre notifi.cd of the .Evid.:nriilr)
Pan d's decisil}n,
Can I oppeol em Evidentiary Panel's decision if I don'1
agree with it?
No. Evidt'miary :J.n. not appealable b; the:
complainant.
What happens if my complaint proceeds to o trial in
district court?
A jtl ry may be reque.:.:red by rhe Commission fOr L:.1 wyt'r
Discipline or the accused lawyer. Evidence .in a distrkt
court trlai ma.y include: your testimony, the lawn::r:" tes-
timony and possibly leslimony additio.nal 1.YiL-
nesses in addition ro any documcnn:d. cviJl'J1cc subn1it-
ted to rbe cOUJ.l. The trial courcwil! enter judgmeru
the close of evidence or afrer the retnrn of the. jury's ver-
dict.
If I disagree with the resul1 reached a! a district court
!rial, can I appeal?
No. Disrdn Coun decisions are not appt:alable by the
complainant.
What happens if just cause is not found?
If' the Chief Disciplinor: Counsel concludes rhar jusr
cause does no[ exist tO believe that rhe attorney co[n-
mitted professional misconduct, the matter is presented
to <1 Summa1y Disposition Panel with a recommenda-
tion thal rhe comphdnr should be di-anissed. Neither

10000001938

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

10000001938

Uploaded by

Copyright:

Available Formats

12-50073-lmc Doc#81 Filed 02/08/12 Entered 02/08/12 14:57:05 Main Document Pg 1 of

You might also like