ACCEPTED
14-14-00470-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
3/5/2015 2:00:50 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-00470-CV
IN THE COURT OF APPEALS FOR THE RECEIVED IN
14th COURT OF APPEALS
FOURTEENTH DISTRICT OF TEXAS HOUSTON, TEXAS
3/5/2015 2:00:50 PM
BOB BENNETT A/K/A/ ROBERT S. BENNETT Clerk A. PRINE
CHRISTOPHER
APPELLANT
V.
COMMISSION FOR LAWYER DISCIPLINE
APPELLEE
FROM THE 334TH JUDICIAL DISTRICT COURT
OF HARRIS COUNTY
TRIAL COURT CAUSE NO. 2013-56866
REQUEST OF AMICI CURIAE, ATTORNEY STEPHEN ESTES
I have been a practicing attorney in Houston, Harris County, Texas area
since 1997. As President of the Law Offices of Stephen C. Estes, P.C., I have
handed cases before many Courts in State and Federal actions for 15 years.
I first came into contact with Mr. Bob Bennett when I sought his advice on a
difficult litigation. I was impressed by his professionalism and competence. Bob
has always been an expert with the Texas Bar’s ethics and he has given CLE
presentations to the Houston Trial Lawyers Association, of which I am a member
of the Board of Directors, on the proper and ethical manner of handling litigation
in the State of Texas. Bob is recognized as an authority in ethics and trial work in
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Texas. I know of no criticism of Bob Bennett’s character, or legal conduct. I would
further add that Bob is respected around the world and in the Houston community
for his many civil and civic endeavors.
I am intimately familiar with the underlying case in this matter. I was an
attorney of record on the appeal of the original arbitration award in the 125th
District Court, in Harris County, Texas. I believed then and now, that the panel’s
decision was in error. The district Court disagreed with our analyses . Though I
was not involved in further appeals, I think Mr. Bennett was within his right as a
matter of law, to appeal the decision and was not unethical to do so, particularly if
the rights of Mr. Land were protected by bond. When one takes an appeal, one
must file a supersedeas bond to cover any amount owed. The client, in question,
was never at any risk for money damages should the appeal have been
unsuccessful.
I believe no consideration of any rule violation was made, until after an
appeal was taken regarding the underlying fee dispute. This, after an arbitration
panel found that Mr. Bennett earned a fee in the underlying matter and failed to
find the contract void. A decision stripping an attorney of their license in this
circumstance, will have a chilling effect on those attempting to appeal what they in
good faith believe is in improper decision.
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I do not believe Bob Bennett did anything wrong based on my experience as
a practicing Texas Trial Lawyer and in the offices I have held with various bar
associations. I request a reconsideration of his punishment. He should be acquitted
and his license immediately reinstated.
Respectfully Submitted,
/s/ Stephen C. Estes
Stephen C. Estes
00798168
The Law Offices of Stephen C. Estes, P.C.,
1770 St. James Place, Suite 120
Houston, Texas 77056
Phone: (713) 688-5999
Fax: (713) 621-0999
Email: 1estes@scepc.com
CERTIFICATE OF COMPLIANCE
I certify that the foregoing brief is in compliance with Texas Rule of
Appellate Procedure 9.4 because it contains less than 15,000 words and has been
prepared in a proportionally spaced typeface using Microsoft Word in 14-point
Times New Roman font and meets the typeface requirements.
/s/ Stephen C. Estes
Stephen C. Estes
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CERTIFICATE OF SERVICE
I certify that on January 28th, 2015 a true and correct copy of the forgoing
was served on all parties of the above captioned case via efile.
/s/ Stephen C. Estes
Stephen C. Estes
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