Texas Supreme Court
AUSTIN — The Texas Supreme Court on Friday wiped an exemplary damage award against an attorney in a legal malpractice case.
In July 2017, Robert Walker retained attorney Deborah Bryant and her firm, the Bryant Law Firm, seeking to terminate his child support obligations. For more than a year, Bryant billed Walker for her services and assured him that she was making progress on his case.
Walker, however, became skeptical of Bryant’s assurances and discovered that the pleadings she prepared on his behalf were filed in an earlier suit that a trial court had dismissed in April 2017.
Court records show Walker terminated the attorney–client relationship and demanded a refund, asserting in an email that he was out over $3,000. Bryant responded with a release agreement, stating that she would send him a refund check upon receipt of the signed release.
When she didn’t hear from him, she mailed the release and a $3,300 check, which stated in the memo line: “CASH OF THIS CHECK REPRESENTS A FULL & FINAL SETTLEMENT AND RELEASE OF ALL CLAIMS…”
Walker crossed out what was written in the memo line and cashed the check, declining to sign and return the release agreement. He later sued Bryant for violations of the Deceptive Trade Practices Act, negligence, and breach of fiduciary duty.
Following a trial, a jury found in favor of Walker, awarding him $6,600 for child support payments he made and $50,000 in exemplary damages.
Court records show Bryant moved for a judgment notwithstanding the verdict and a new trial based on accord and satisfaction. Both motions were overruled by operation of law, and a court of appeals concluded Bryant failed to establish her affirmative defense of accord and satisfaction.
“We disagree,” the high court opined. “A dispute existed between the parties. The lawyer tendered payment of a lesser amount conditioned upon settlement of that dispute. Because the client accepted the payment with knowledge of this condition, the obligations forming the basis of the dispute are discharged.
We reverse the court of appeals’ judgment and render judgment for the lawyer.”
Texas Supreme Court case No. 25-0131
