Attorney and Client- Attorney’s Rights Under Contract of Partial Assignment-Effet of Premature Termination or Settlement of Action
In an action for personal injuries, defendant caused a subpoena to be served upon plaintiff requiring him to appear to give his deposition. Plaintiff wholly failed to appear, and no cause was shown for such failure. Defendant then filed a motion for dismissal of the suit pursuant to subsection (c), 215a, of the Texas Rules of Civil Procedure, and notice thereof was served upon plaintiff. Although plaintiff again made no appearance, his attorneys moved to intervene, asserting the contingent interest in the cause of action acquired by their contract with plaintiff. The trial court denied the motion for intervention and dismissed the suit as to both plaintiff and the attorneys. On appeal by the attorneys, held, reversed. An attorney may contract for a partial assignment in a client’s cause of action and, as an assignee, may intervene to protect his share of the claim. Benton v. Dow Chemical Co., 351 S.W.2d 899 (Tex. Civ. App. 1961).