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In re Godt8/24/2000
Justice Yañez
In this original proceeding, relator, Pamela Godt, seeks mandamus relief from an order compelling arbitration under the Texas General Arbitration Act (the TAA) of her legal malpractice action against real party-in-interest, attorney Thomas J. Henry (Henry). Pursuant to this Court's request, Henry filed a response. See Tex. R. App. P. 52.8(b)(1). Without hearing oral argument, we conditionally grant the writ. See Tex. R. App. P. 52.8(c).
On October 23, 1997, Godt telephoned Henry's Corpus Christi office to discuss retaining him to represent her in a medical malpractice case arising out of severe medical problems following hip surgery. Henry told Godt that although he was unable to see her, he would send a paralegal to her home in Rockport. Godt was unable to travel to Henry's office because she was suffering from severe pain associated with the surgery, and was being treated with pain medication. A paralegal from Henry's office, Patricia Hoyt, went to Godt's home with a Power of Attorney and Contingent Fee Contract (the agreement) for Godt's signature. Hoyt was not instructed to explain any of the contractual provisions to Godt, and did not do so. Hoyt testified by deposition that she visited with Godt for about forty-five minutes; Godt appeared to be in extreme pain and did not ask any questions. Except for Godt's husband and children, no one else was present. Hoyt stated she briefly discussed Godt's medical history with her and may have briefly discussed attorney's fees; there was no discussion, however, of any provisions contained in the agreement. Godt signed the agreement.
According to Godt, she spoke with an attorney in Henry's office in February or March 1999, and was told that everything was fine. Godt alleges Henry failed to investigate or pursue her medical malpractice claim and failed to return her phone calls inquiring about her case. Shortly before limitations expired, Henry attempted to refer the case to two other attorneys. Godt contends that by that time, there was insufficient time to adequately investigate or prepare the case, and both attorneys rejected the case. With only a couple of months left before limitations expired, Henry withdrew from the representation. When Godt complained she was unable to obtain another lawyer under the circumstances, Henry prepared a pro se petition.
Godt filed suit against Henry, alleging his mishandling of her medical malpractice claim constituted negligence, gross negligence, fraud, misrepresentation, breach of fiduciary duty, and violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA). Henry answered, and filed a motion to compel arbitration based on a mandatory arbitration clause contained in the agreement. Following a hearing on April 18, 2000, the trial court granted, on May 4, 2000, Henry's motion to compel arbitration and stayed the lawsuit pending resolution by binding arbitration.
Godt requested findings of fact and conclusions of law from the trial court. Henry submitted proposed findings of fact and conclusions of law. Godt objected to Henry's proposed findings and conclusions, but the trial court signed the findings and conclusions, without modification, on June 7, 2000.
The trial court's findings of fact included the following: (1) the arbitration agreement conforms with the TAA and "applicable legal authority;" (2) there was no evidence the arbitration agreement was procured by fraud, duress, or in an unconscionable manner; (3) Godt's claims arise out of her attorney/client relationship with Henry; and (4) there is no evidence that section 171.002(a)(3) of the civil practice and remedies code is applicable to the agreement. The t
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