Legal Forms - Rule 12 Motion to Show Authority
A Rule 12 Motion to Show Authority is a procedural tool used in Texas courts to challenge the authority of an attorney to represent a party in a lawsuit. This motion is based on Rule 12 of the Texas Rules of Civil Procedure, which allows a party to question whether the opposing attorney has the proper authority to act on behalf of their client.
Purpose of a Rule 12 Motion to Show Authority
- Verification of Representation: The primary purpose of this motion is to ensure that the attorney appearing in court has been properly authorized by the party they claim to represent. This protects the integrity of the legal process by preventing unauthorized individuals from acting as legal representatives.
- Preventing Unauthorized Practice: It helps prevent the unauthorized practice of law by ensuring that only those with legitimate authority can represent parties in legal proceedings.
- Clarification of Legal Representation: The motion can clarify any confusion about who is representing a party, especially in cases where there might be disputes or misunderstandings about legal representation.
When to Use a Rule 12 Motion to Show Authority
- Doubt About Attorney's Authority: If there is a reasonable belief or evidence suggesting that an attorney is acting without the proper authority from their client, a party can file this motion.
- Termination of Attorney-Client Relationship: If it appears that the attorney-client relationship has been terminated, but the attorney continues to act on behalf of the client, this motion can be used to challenge their authority.
- Conflicting Communications: When there are conflicting communications from the party and their attorney, indicating a lack of clear authorization.
- No Formal Engagement: If there is suspicion that the attorney has not been formally engaged or retained by the party they claim to represent.
Process
Upon filing a Rule 12 Motion to Show Authority, the court will typically set a hearing where the attorney in question must appear and demonstrate their authority to represent the party. If the attorney fails to show sufficient authority, the court may strike their pleadings and prevent them from further representing the party in the case.
This motion is an important safeguard in the legal system, ensuring that all parties are properly represented and that the legal process is conducted fairly and transparently.