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In re Mabray

Court of Appeals of Texas
2010 WL 3448198 (2010)


Mary (plaintiff) and Gary (defendant) Mabray sought the assistance of an attorney named Keen. Keen agreed to assist Mary and Gary in dissolving their marriage. Keen, Mary, and Gary signed a cooperative law dispute resolution agreement. Mary and Gary's resolution efforts were unsuccessful, but Keen continued to represent Gary. Mary asserted that Keen should be disqualified. Mary alleged that Keen's continued representation of Gary violated a Texas collaborative law statute. Gary argued that Keen could remain as his counsel, because Gary and Mary did not enter into a collaborative-law agreement. Rather, Gary argued, the agreement that he and Mary entered into was a cooperative-law agreement. Under a cooperative-law agreement, the lawyer was not required to enter into a contract with the opposing party that compelled the lawyer's disqualification in a subsequent divorce proceeding. Despite Mary's objections, the trial court determined that the agreement was a cooperative-law agreement and therefore did not need to adapt to Texas's collaborative-law statute. Mary appealed.

Rule of Law


Holding and Reasoning (Higley, J.)

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