Opinion
Case No. 395-34055-SAF-7; Civil Action No. 3:00-CV-2651-L
March 13, 2002
ORDER
Before the court is the appeal of Philip S. Bayoud from orders issued October 4, 2000 and October 19, 2000 by the United States Bankruptcy Court for the Northern District of Texas. On October 4, 2000, the bankruptcy court denied as moot Philip Bayoud's "Motion to Remove Minor Pounds as Attorney of Record." On October 19, 2000, the bankruptcy court denied Appellant's Motion to Reconsider. After careful consideration of Appellant's brief, supporting evidence, and applicable law, the order of the bankruptcy court is affirmed.
The court applies a de novo standard in reviewing questions of law and a clearly erroneous standard in reviewing questions of fact. In re Berryman Prods., Inc., 159 F.3d 941, 943 (5th Cir. 1998). On appeal before the district court, "[a] bankruptcy court's findings of fact are subject to clearly erroneous review, while its conclusions of law are reviewed de novo." In re Pro-Snax Distribs., Inc., 157 F.3d 414, 420 (5th Cir. 1998). Fact findings are reversed only if, based on the entire evidence, the court is left with a definite and firm conviction that a mistake has been made. In re Young, 995 F.2d 547, 548 (5th Cir. 1993).
Appellant requested the bankruptcy court remove attorney Minor Pounds as attorney of record for Paige Bayoud. The bankruptcy court denied Appellant's motion as moot after having determined Paige Bayoud died some time before the motion was filed. In Texas, it is well established that the attorney-client relationship terminates upon the client's death. See Loffler v. University of Texas Sys., 610 S.W.2d 188, 189 (Tex.Civ.App. — Houston [1st Dist.] 1980, no writ) (holding a previous attorney-client relationship does not authorize attorney to sue on behalf of the deceased client, the deceased's estate, the heirs at law, or personal representatives); Brooks v. Hale, 457 S.W.2d 159 (Tex.Civ.App. — Tyler 1970, writ ref'd n.r.e.); 7 Tex. Jur. 3d Attorneys at Law § 169 (1997) ("As a matter of course, the attorney-client relationship is at an end if the attorney dies. . . The result is the same when the client dies."). Moreover, the record indicates that the bankruptcy court permitted Minor Pounds to withdraw sometime immediately after the death of Paige Bayoud. The bankruptcy court therefore correctly denied as moot Appellant's Motion to Remove Minor Pounds as Attorney of Record, and correctly denied Appellant's Motion for Reconsideration. Accordingly, the court affirms the orders entered by the bankruptcy court on October 4, 2000 and October 19, 2000. Pursuant to Bankruptcy Rule 8016 (a), the clerk of the court is hereby directed to "prepare, sign and enter judgment" in accordance with this order.
It is so ordered this 13th of March, 2002.