Burrow v. Arce

The principal question in this case is whether an attorney who breaches his fiduciary duty to his client may be required to forfeit all or part of his fee, irrespective of whether the breach caused the client actual damages. Like the court of appeals, 1 we answer in the affirmative and conclude that the amount of the fee to be forfeited is a question for the court, not a jury. We reverse the court of appeals’ judgment only insofar as it affirms defendants’ summary judgment based on affidavits we find to be conclusory..1

Explosions at a Phillips 66 chemical plant in 1989 killed twenty-three…