Goodyear Dunlop Tires North America, Ltd. v. Maria De Los Angeles Ortiz Gamez, et al.--Appeal from 111th Judicial District Court of Webb County

CONCURRING OPINION
No. 04-02-00932-CV
GOODYEAR DUNLOP TIRES NORTH AMERICA, LTD.,
Appellant
v.
Maria De Los Angeles Ortiz GAMEZ, et al.,
Appellees
From the 111th Judicial District Court, Webb County, Texas
Trial Court No. 2001-CVE-000862-D2
Honorable Raul Vasquez, Judge Presiding

Opinion by: Phylis J. Speedlin, Justice

Concurring opinion by: Sarah B. Duncan, Justice

Sitting: Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 25, 2004

I concur in the court's judgment but write separately because I feel compelled to express my shock and outrage at the billing practices exhibited in this case by these ad litems - all of whom are members of the State Bar of Texas and thus subject to the Rule of Professional Conduct 1.04(a), which unequivocally prohibits a lawyer from "charg[ing] ... an unconscionable fee." Tex. Disciplinary R. Prof'l Conduct 1.04(a), reprinted in Tex. Gov't Code Ann., tit. 2, subtit. G, app. A (Vernon 1998). How could any lawyer defend billing for more than twenty-four hours in a day ... two to four hours to review a standard one-page deposition notice ... or five hours for sleeping? Billing practices such as these not only demonstrate why the legal profession in general - and ad litems in particular - are under siege but also, I believe, forcefully support my request to the full court to report these attorneys to the grievance committee.

Sarah B. Duncan, Justice