On July 23, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Jarvis, Brenda,
and
Chicago Title Insurance Company,
Daniel W. Schreimann, P.C.,
Ebby Halliday Real Estate, Inc.,
Gravley, Kathy,
King, Claudine,
Lewis, Marjorie,
Nix Group Inc.,
Oak Lawn Douglas Properties, Llc,
Providence Bank,
Schreimann & Associates, P.C.,
Secured Title Of Texas, Llc,
Simone, Dan,
Verdugo Trustee Corporation,
for OTHER (CIVIL)
in the District Court of Dallas County.
Preview
FILED
12/21/202312z31 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Debra Clark DEPUTY
CAUSE NO. DC-18-09538
BRENDA JARVIS, § IN THE DISTRICT COURT OF
Plaintiff, g
v. g DALLAS COUNTY, TEXAS
KATHY GRAVLEY, OAK LAWN g
DOUGLAS PROPERTIES, LLC, ET AL., §
Defendants. g 134th JUDICIAL DISTRICT
MOTION TO WITHDRAW AS COUNSEL
Pursuant to Texas Rule of Civil Procedure 10 and Dallas County Local Rule 4.02, Curt
Covington and the law firm Lamberth Ratcliffe Covington PLLC (collectively, “LRC Firm”) and
Joshua Flynt and the law firm Condon Tobin Sladek Thornton Nerenberg PLLC (collectively, “CT
Firm”) file this Motion to Withdraw as Counsel as follows:
1. LRC Firm and CT Firm are counsel of record for Plaintiff Brenda Jarvis and were
retained to represent her in the above-styled and numbered cause. Ms. Jarvis is also represented
in this case by Sylvester Smith of The Firm, PLLC.
2. LRC Firm and CT Firm seek to withdraw as Plaintiff‘s counsel in this case.
3. Pursuant to Texas Disciplinary Rule of Professional Conduct l.06(b)(2), “a lawyer
shall not represent a person if the representation of that person...reasonably appears to be or
become adversely limited by the lawyer’s or law firm’s responsibilities to...the lawyer’s or the
law firm’s own interests” (emphasis added). When such a conflict arises in the course of litigation,
“the lawyer promptly withdraw.” Tex. Disciplinary Rules of Prof’l Conduct R. l.O6(e)
(emphasis added). Texas Disciplinary Rule of Professional Conduct 1.15(a), a lawyer “shall
withdraw” if continued representation will Violate the rules of professional conduct.
MOTION TO WITHDRAW AS COUNSEL Page 1
4. Sufficient grounds recently arose under Texas Disciplinary Rule of Professional
Conduct 1.06(b)(2) for LRC Firm and CT Firm’s Withdrawal. Due to the confidential nature of
the attorney-client relationship and the privileged nature of communications between attorneys
and clients, LRC Firm and CT Firm are bound to keep confidential the facts that give rise to the
conflict and need for Withdrawal. See Tex. Disciplinary Rules of Prof’l Conduct R. 1.05; 1.06(e);
1.15, cmt. 3.
5. In such an instance, “[t]he lawyer’s statement that professional considerations
require termination of the representation ordinarily should be accepted as sufficient.” Tex.
Disciplinary Rules of Prof 1 Conduct R. 1.15, cmt. 3; see also In re Reed, Cause No. 02-18-00088-
CV, 2018 WL 1974470 (Tex. App—Fort Worth Apr. 26, 2018, no pet. h.) (granting mandamus
for withdrawal of attorney three months before trial when an impermissible conflict arose without
further evidence of the conflict); In re Harrison, No. 14-15-00430-CV, 2018 WL 894442 (Tex.
App .—Houston [14th Dist.] Feb. 15, 2018, no pet. h.) (affirming withdrawal of attorney less than
a month before trial when a “a personal conflict” arose without requiring fiirther information or
detail regarding the supposed conflict).
6. In addition, Texas Disciplinary Rule of Professional Conduct 1.15(b) permits
withdrawal of counsel where:
a. The client insists upon pursuing an objective that the lawyer considers repugnant
or imprudent or with which the lawyer has a fundamental disagreement;
b. The representation. . .has been rendered unreasonably difficult by the client; or
c. Other good cause for withdrawal exists.
All of the above grounds are present here and would likewise permit withdrawal. Again, however,
specifying the grounds for withdrawal are not permitted due to the attomey-client privilege and
confidential nature of the parties’ relationship.
MOTION TO WITHDRAW AS COUNSEL Page 2
7. Sylvester Smith, of The Firm, PLLC, also represents Ms. Jarvis in this case and has
done so since May 18, 2023. Mr. Smith’s contact information is as follows:
Sylvester Smith
The Firm, PLLC
4137 John F. Kennedy Blvd., Suite D
North Little Rock, Arkansas 72116
Telephone: 501 -429-4885
Facsimile: 501-429-4886
Email: ssmith@thefirmpllc.net
Arkansas State Bar No. 2013 146
Admitted pro hac vice
8. Mr. Smith intends to remain as counsel and continue representing Plaintiff. He has
had and continues to have access to the electronic file in this case where all pleadings, discovery,
deposition transcripts, settlement documents, etc. are stored. He has been actively involved in the
preparation, management, strategy, and settlement of this case since his appearance, including his
participation in settlement discussions with opposing counsel and review of the settlement
documents. Ms. Jarvis may also elect to retain other counsel to assist in her representation, if she
so chooses.
9. This Motion is not made for purposes of delay, but for the reasons set forth above.
Due to Ms. Jarvis’s continuing representation by Mr. Smith, she should not be materially
prejudiced by LRC Firm’s and CT Firm’s withdrawal.
10. A copy of this Motion has been delivered to Ms. Jarvis and she has been notified in
writing of her right to object to the Motion. Ms. Jarvis does not consent to the withdrawal of LRC
Firm or CT Firm.
11. Ms. Jarvis will continue to be represented in this case by Sylvester Smith, whose
J
contact information is set forth above. Ms. arvis’s last known address is: 2807 Allen Street, #346,
Dallas, Texas 75204. The only pending setting in this case is the final disposition hearing set for
10:00AM on December 27, 2023, via MS Teams.
MOTION TO WITHDRAW AS COUNSEL Page 3
12. LRC Firm and CT Firm have conferred with counsel for the remaining parties in
this case Via email. Third-Party Defendant Bernbaum Magadini Architects is unopposed to the
relief requested herein. The remaining parties have not responded advising whether they are
opposed or unopposed.
13. LRC Firm and CT Firm therefore pray that the Court grant this Motion to Withdraw
as Counsel and for such other and further relief to which they may show themselves entitled.
MOTION TO WITHDRAW AS COUNSEL Page 4
DATE: December 21, 2023 Respectfully submitted,
LAMBERTH RATCLIFFE COVINGTON PLLC
/s/ CurtM. Covington
Curt M. Covington
State Bar No. 24053648
curt@1rclega1.com
1010 W. Ralph Hall Pkwy., Suite 100
Dallas, Texas 75032
Telephone: 214-265-3800
CONDON TOBIN SLADEK THORNTON
NERENBERG PLLC
/s/ Joshua Flynt
Joshua Flynt
State Bar No. 24053204
jflynt@condontobin.com
8080 Park Lane, Suite 700
Dallas, Texas 75231
Telephone: 2 14-265-3 800
ATTORNEYS FOR PLAINTIFF
MOTION TO WITHDRAW AS COUNSEL Page 5
CERTIFICATE OF CONFERENCE WITH PLAINTIFF
I hereby certify I have conferred with Ms. Jarvis Via telephone and email on December 19,
2023, and she does not consent to the relief requested in this Motion.
F
/S/ Joshua lvnt
Joshua Flynt
CERTIFICATE OF CONFERENCE WITH OTHER COUNSEL
I hereby certify that LRC Firm and CT Firm have conferred with counsel for the remaining
parties in this litigation Via email on December 20, 2023, and Third-Party Defendant Bernbaum
Magadini Architects is unopposed to the relief requested herein. The remaining parties have not
responded advising Whether they are opposed or unopposed.
/s/ Joshua Flynt
Joshua Flynt
CERTIFICATE OF SERVICE
I hereby certify that on this 21st day of December 2023, a true and correct copy of the
foregoing was served on all parties of record in accordance with the Texas Rules of Civil
Procedure.
A copy of this Motion was also served on Ms. Jarvis via email, certified mail, and first-
class mail to her last known address:
Brenda Jarvis
2807 Allen Street, #346
Dallas, Texas 75204
/s/ Joshua Flvnt
Joshua Flynt
MOTION TO WITHDRAW AS COUNSEL Page 6
Preview
FILED 12/21/202312z31 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Debra Clark DEPUTY CAUSE NO. DC-18-09538 BRENDA JARVIS, § IN THE DISTRICT COURT OF Plaintiff, g v. g DALLAS COUNTY, TEXAS KATHY GRAVLEY, OAK LAWN g DOUGLAS PROPERTIES, LLC, ET AL., § Defendants. g 134th JUDICIAL DISTRICT MOTION TO WITHDRAW AS COUNSEL Pursuant to Texas Rule of Civil Procedure 10 and Dallas County Local Rule 4.02, Curt Covington and the law firm Lamberth Ratcliffe Covington PLLC (collectively, “LRC Firm”) and Joshua Flynt and the law firm Condon Tobin Sladek Thornton Nerenberg PLLC (collectively, “CT Firm”) file this Motion to Withdraw as Counsel as follows: 1. LRC Firm and CT Firm are counsel of record for Plaintiff Brenda Jarvis and were retained to represent her in the above-styled and numbered cause. Ms. Jarvis is also represented in this case by Sylvester Smith of The Firm, PLLC. 2. LRC Firm and CT Firm seek to withdraw as Plaintiff‘s counsel in this case. 3. Pursuant to Texas Disciplinary Rule of Professional Conduct l.06(b)(2), “a lawyer shall not represent a person if the representation of that person...reasonably appears to be or become adversely limited by the lawyer’s or law firm’s responsibilities to...the lawyer’s or the law firm’s own interests” (emphasis added). When such a conflict arises in the course of litigation, “the lawyer promptly withdraw.” Tex. Disciplinary Rules of Prof’l Conduct R. l.O6(e) (emphasis added). Texas Disciplinary Rule of Professional Conduct 1.15(a), a lawyer “shall withdraw” if continued representation will Violate the rules of professional conduct. MOTION TO WITHDRAW AS COUNSEL Page 1 4. Sufficient grounds recently arose under Texas Disciplinary Rule of Professional Conduct 1.06(b)(2) for LRC Firm and CT Firm’s Withdrawal. Due to the confidential nature of the attorney-client relationship and the privileged nature of communications between attorneys and clients, LRC Firm and CT Firm are bound to keep confidential the facts that give rise to the conflict and need for Withdrawal. See Tex. Disciplinary Rules of Prof’l Conduct R. 1.05; 1.06(e); 1.15, cmt. 3. 5. In such an instance, “[t]he lawyer’s statement that professional considerations require termination of the representation ordinarily should be accepted as sufficient.” Tex. Disciplinary Rules of Prof 1 Conduct R. 1.15, cmt. 3; see also In re Reed, Cause No. 02-18-00088- CV, 2018 WL 1974470 (Tex. App—Fort Worth Apr. 26, 2018, no pet. h.) (granting mandamus for withdrawal of attorney three months before trial when an impermissible conflict arose without further evidence of the conflict); In re Harrison, No. 14-15-00430-CV, 2018 WL 894442 (Tex. App .—Houston [14th Dist.] Feb. 15, 2018, no pet. h.) (affirming withdrawal of attorney less than a month before trial when a “a personal conflict” arose without requiring fiirther information or detail regarding the supposed conflict). 6. In addition, Texas Disciplinary Rule of Professional Conduct 1.15(b) permits withdrawal of counsel where: a. The client insists upon pursuing an objective that the lawyer considers repugnant or imprudent or with which the lawyer has a fundamental disagreement; b. The representation. . .has been rendered unreasonably difficult by the client; or c. Other good cause for withdrawal exists. All of the above grounds are present here and would likewise permit withdrawal. Again, however, specifying the grounds for withdrawal are not permitted due to the attomey-client privilege and confidential nature of the parties’ relationship. MOTION TO WITHDRAW AS COUNSEL Page 2 7. Sylvester Smith, of The Firm, PLLC, also represents Ms. Jarvis in this case and has done so since May 18, 2023. Mr. Smith’s contact information is as follows: Sylvester Smith The Firm, PLLC 4137 John F. Kennedy Blvd., Suite D North Little Rock, Arkansas 72116 Telephone: 501 -429-4885 Facsimile: 501-429-4886 Email: ssmith@thefirmpllc.net Arkansas State Bar No. 2013 146 Admitted pro hac vice 8. Mr. Smith intends to remain as counsel and continue representing Plaintiff. He has had and continues to have access to the electronic file in this case where all pleadings, discovery, deposition transcripts, settlement documents, etc. are stored. He has been actively involved in the preparation, management, strategy, and settlement of this case since his appearance, including his participation in settlement discussions with opposing counsel and review of the settlement documents. Ms. Jarvis may also elect to retain other counsel to assist in her representation, if she so chooses. 9. This Motion is not made for purposes of delay, but for the reasons set forth above. Due to Ms. Jarvis’s continuing representation by Mr. Smith, she should not be materially prejudiced by LRC Firm’s and CT Firm’s withdrawal. 10. A copy of this Motion has been delivered to Ms. Jarvis and she has been notified in writing of her right to object to the Motion. Ms. Jarvis does not consent to the withdrawal of LRC Firm or CT Firm. 11. Ms. Jarvis will continue to be represented in this case by Sylvester Smith, whose J contact information is set forth above. Ms. arvis’s last known address is: 2807 Allen Street, #346, Dallas, Texas 75204. The only pending setting in this case is the final disposition hearing set for 10:00AM on December 27, 2023, via MS Teams. MOTION TO WITHDRAW AS COUNSEL Page 3 12. LRC Firm and CT Firm have conferred with counsel for the remaining parties in this case Via email. Third-Party Defendant Bernbaum Magadini Architects is unopposed to the relief requested herein. The remaining parties have not responded advising whether they are opposed or unopposed. 13. LRC Firm and CT Firm therefore pray that the Court grant this Motion to Withdraw as Counsel and for such other and further relief to which they may show themselves entitled. MOTION TO WITHDRAW AS COUNSEL Page 4 DATE: December 21, 2023 Respectfully submitted, LAMBERTH RATCLIFFE COVINGTON PLLC /s/ CurtM. Covington Curt M. Covington State Bar No. 24053648 curt@1rclega1.com 1010 W. Ralph Hall Pkwy., Suite 100 Dallas, Texas 75032 Telephone: 214-265-3800 CONDON TOBIN SLADEK THORNTON NERENBERG PLLC /s/ Joshua Flynt Joshua Flynt State Bar No. 24053204 jflynt@condontobin.com 8080 Park Lane, Suite 700 Dallas, Texas 75231 Telephone: 2 14-265-3 800 ATTORNEYS FOR PLAINTIFF MOTION TO WITHDRAW AS COUNSEL Page 5 CERTIFICATE OF CONFERENCE WITH PLAINTIFF I hereby certify I have conferred with Ms. Jarvis Via telephone and email on December 19, 2023, and she does not consent to the relief requested in this Motion. F /S/ Joshua lvnt Joshua Flynt CERTIFICATE OF CONFERENCE WITH OTHER COUNSEL I hereby certify that LRC Firm and CT Firm have conferred with counsel for the remaining parties in this litigation Via email on December 20, 2023, and Third-Party Defendant Bernbaum Magadini Architects is unopposed to the relief requested herein. The remaining parties have not responded advising Whether they are opposed or unopposed. /s/ Joshua Flynt Joshua Flynt CERTIFICATE OF SERVICE I hereby certify that on this 21st day of December 2023, a true and correct copy of the foregoing was served on all parties of record in accordance with the Texas Rules of Civil Procedure. A copy of this Motion was also served on Ms. Jarvis via email, certified mail, and first- class mail to her last known address: Brenda Jarvis 2807 Allen Street, #346 Dallas, Texas 75204 /s/ Joshua Flvnt Joshua Flynt MOTION TO WITHDRAW AS COUNSEL Page 6