Civil Rights Attorney Signs Final Consent Judgment Related to Lawsuit for Unauthorized Practice of Law
Lee Merritt, a civil rights attorney who was facing a lawsuit for unauthorized practice of law in Texas, has resolved the matter by agreeing to be permanently restrained and enjoined from practicing Texas law.
February 16, 2018 at 12:47 PM
3 minute read
Lee Merritt, a civil rights attorney who was facing a lawsuit for unauthorized practice of law in Texas, has resolved the matter by agreeing to be permanently restrained and enjoined from practicing Texas law.
“Nothing in this judgment shall be deemed to preclude defendant from advising clients or potential clients regarding their rights under federal law or representing clients in federal courts in matters arising under federal law,” said the final judgment, which disposed of all of the claims in the lawsuit.
Merritt, a licensed lawyer in Pennsylvania and New Jersey, has earned accolades for his civil rights work in representing police brutality victims. But two weeks ago, the Unauthorized Practice of Law Committee sued him, alleging he was practicing law in Texas even though he doesn't have a law license here.
Committee chairman Leland de la Garza noted that the case is over now that both parties signed the agreed judgment. Also, de la Garza said, the judgment recognizes that if Merritt were to become a licensed Texas attorney, he would no longer be enjoined from practicing Texas law.
Merritt didn't return a call or email seeking comment before deadline.
According to the committee's Jan. 30 petition, Merritt signed up to take the Texas bar exam in 2015 but never took the test and didn't get a Texas law license. However, he was representing clients in personal injury and family law cases filed in Texas district courts and advising, contracting with and accepting fees from Texas clients in other legal matters. He was also operating websites and social media accounts that advertised his law practice but failed to disclose that he didn't have a Texas law license.
The Feb. 15 final consent judgment said that unless Merritt becomes licensed to practice law in Texas, he is permanently restrained and enjoined from being an attorney for any plaintiff or defendant whose claim arises under Texas state law or whose case is filed in Texas state courts.
Merritt may not enter into legal representation agreements with clients with matters in Texas, under Texas law and in Texas courts. He can't tell potential clients, opposing counsel, courts or anyone else that he's authorized to practice law in Texas. This also applies to advertising, websites and social media. It's prohibited for Merritt to contract with clients, advise clients, draft pleadings, conduct discovery, or collect fees for legal services for matters arising under Texas law or filed in Texas courts.
Merritt may appear in a Texas court for a client only if he is admitted to appear pro hac vice, and if he does get that authorization, he must notify the State Bar of Texas chief disciplinary counsel and the unauthorized law practice committee.
Angela Morris is a freelance reporter. Follow her on Twitter at @AMorrisReports
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