Litigator of the Week: Wills Point Attorney Helps Civil Rights Litigator Out of Disciplinary Jam
Prater Monning was introduced to S. Lee Merritt, a high-profile civil rights lawyer from Philadelphia who'd gotten into trouble with Texas' Unauthorized Practice of Law Committee on charges that he illegally represented clients in the state.
December 14, 2018 at 04:27 PM
5 minute read
Prater Monning had heard about out-of-state lawyers being prevented from representing civil rights clients in the 1960s South when he was still in high school. And the professional responsibility lawyer never thought he would get the chance to represent a modern-day attorney in the same predicament.
But Monning was later introduced to S. Lee Merritt, a high-profile civil rights lawyer from Philadelphia who'd gotten into trouble with Texas' Unauthorized Practice of Law Committee (UPLC) on charges that he illegally represented clients in the state.
Out-of-state lawyers are allowed to practice in federal courts in Texas, but they are not allowed to practice in state district court unless they are formally admitted under pro hac vice rules.
“I typically would not have taken this, but it just didn't smell right. I thought the UPLC just went after people selling will kits, not civil right lawyers,” Monning said of Merritt's case. “Back in the 1960s, people were being arrested for practicing civil rights.”
And earlier this year, it appeared that Merritt might meet the same fate as his 1960s civil rights lawyer compatriots because of the UPLC litigation.
Merritt, who has a Dallas office, has made a name for himself representing North Texas clients in federal civil rights cases alleging they were victims of police brutality. He currently represents the families of Botham Jean, a 26-year-old accountant killed by a Dallas police officer who shot him after she allegedly entered his apartment thinking it was hers and mistook him for an intruder; and Jordan Edwards, a 15-year-old high school student who was killed by Roy Oliver, a Balch Springs police officer who was later convicted of murder.
The UPLC filed a complaint against Merritt in a Collin County district court, alleging that he had improperly represented clients in a state district court with another Texas lawyer although Merritt did not have a Texas law license.
Merritt later entered into a consent decree with the UPLC in which he agreed not to participate in civil rights cases filed in state district court, though he made no such agreement as to federal courts.
However in November, the UPLC filed a motion for 16 counts of civil and criminal contempt against Merritt related to allegations that he signed up three more clients who had state law civil rights claims.
“I was looking as six months of incarceration,” Merritt said of the contempt motion.
“With a punitive conviction, I would have had to report that to every court in which I practice,” Merritt said. “It probably would have meant I had to withdraw from the representation of Botham Shem Jean … and Jordan Edwards, and those are just some of the high-profile cases I have in a foreign jurisdiction outside of my home jurisdiction.''
Monning argued to State District Judge Cynthia Wheless that every one of Merritt's clients had a potential federal civil rights claim. He was joined in his argument by Yodit Tewolde, a Dallas lawyer who also defended Merritt against the UPLC.
“He was limiting his practice to federal civil rights practice. And he has a well-recognized right because he is licensed in another state,” Monning said. “He's had that right, since the 1960s, to practice law in another court.''
And to back up his argument, Monning hit the law books and recounted how out-of-state civil rights lawyers faced the same blowback by State Bar officials when pursuing cases in southern states. The UPLC is an arm of the Texas Supreme Court.
“In order for him to find the appropriate case law, he had to go back to litigation from the 1960s dealing with the NAACP using Yankee lawyers to enforce civil rights law,” Merritt said. “It became important to put this prosecution in the historical perspective.''
Wheless agreed with Monning's argument and tossed out all 16 of the contempt charges against Merritt.
Leland de la Garza, a member of the UPLC, said the committee is considering appealing Wheless' ruling. He also noted that the case the UPLC pursued against Merritt is unusual.
“Most UPL committee complaints don't involve a lawyer who is licensed in another state. Most involve a person who is not licensed anywhere,” said de la Garza, a shareholder in Dallas' Hallett & Perrin.
“The case involving Lee Merritt raises the issue of whether or not Merritt is conducting a federal law practice or a state law practice,” de la Garza said. “That was the point in dispute based on the injunction that he agreed to. We thought that he was engaging in a state law practice, but Judge Wheless found otherwise.''
Monning said that because civil rights work is not a lucrative field for most attorneys, he took Merritt's case on what he calls an “accidental pro bono” basis.
“I send Lee bills and if Lee is wildly successful, I'll probably get paid,” said Monning, who years ago decamped from a big Dallas law firm practice and moved 50 miles east to Wills Point, a small town where his grandfather once practiced law. “In a country practice, that's about half of what you do.''
Merritt confirmed the payment arrangement he has with Monning.
“I've made minimal payments,” Merritt said with a laugh. “He's still waiting for me to win a big suit.''
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSamsung Flooded With Galaxy Product Patent Lawsuits in Texas Federal Court
Haynes Boone, Hicks Thomas Get Dismissal of $1.3B Claims in 2022 Freeport LNG Terminal Explosion
3 minute readIn Talc Bankruptcy, Andy Birchfield Skipped His Deposition. Could He Face Sanctions?
6 minute readDLA Piper Sued by 2 Houston Companies, Alleging a 'Fake Lawyer' Represented Them in Argentina
3 minute readTrending Stories
- 1Trump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
- 2Armstrong Teasdale's London Creditors Face Big Losses
- 3Texas Court Invalidates SEC’s Dealer Rule, Siding with Crypto Advocates
- 4Quinn Emanuel Has Thrived in China. Will Trump Help Boost Its Fortunes?
- 5Manufacturer Must Provide Details Surrounding Expert’s Livestreamed Inspection, Fed Court Rules
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250