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St. Mary's Journal on Legal Malpractice & Ethics

Article Title

Why Your Secretary Is Really Worth a Million Dollars: Exploring the Harsh Penalty for Not Proofreading Your Fee Agreements in Anglo-Dutch Petroleum v. Greenberg Peden.

Abstract

This Article examines the Texas Supreme Court's decision in Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, P.C. Next, this Article discusses the decision in light of other cases dealing with attorney-client contract issues. Then, an explanation of why the court's decision is inconsistent with other opinions is provided. This Article next analyzes the long-term effects of the Anglo-Dutch decision and the lessons to be learned from the case about drafting contracts and lawyers' obligations to inform clients of material terms. Finally, this Article suggests that the court's decision decreases the legal protection extended to lawyers and holds them closer to a strict-scrutiny standard regarding candor, while encouraging predatory conduct by clients.