Polland & Cook v. Lehmann

This case presents the issue of whether a lawyer who refers a case to another lawyer because of a conflict of interest may claim a referral fee. I would hold that he cannot and would affirm the judgment of the trial court.

The disciplinary rules

Polland claims the trial court erred in holding that Fleming v. Campbell, 537 S.W.2d 118, 119 (Tex.App.-Houston [14th Dist.] 1976, writ ref’d n.r.e.) and Lemond v. Jamail, 763 S.W.2d 910, 914 (Tex.App.-Houston [1st Dist.] 1988, writ denied), prevent his recovery.

Polland contends that Quorum, acting on behalf of the clients, agreed to the referral fee.…