J. H. Marshall & Associates, Inc. v. Burleson

HOOD, Chief Judge,

Retired (concurring in part and dissenting in part) :

I agree that under the authorities cited the conduct of appellant in bringing and prosecuting this action against appellee constituted the unauthorized practice of law, and that this was available to appellee as a defense to the action against him. But I do not agree that appellee had a right to bring and maintain his counterclaim for an injunction restraining appellant from engaging in the unauthorized practice of law.1

Assuming, as the court says, that under present rules a defendant has the same freedom of pleading…