# Archer v. Griffith

> Texas Supreme Court · November 18, 1964 · 8 Tex. Sup. Ct. J. 87

URL: https://www.frixlaw.com/law-library/cases/9666298

## Case

- **Full name:** Fancher ARCHER, Petitioner, v. Nova Dean GRIFFITH, Respondent
- **Court:** Texas Supreme Court
- **Decided:** November 18, 1964
- **Citations:** 8 Tex. Sup. Ct. J. 87; 390 S.W.2d 735; 1964 Tex. LEXIS 734
- **Precedential status:** Published
- **Opinion:** Concurrence by Pope
- **Judges:** Walker, Pope, Griffin, Smith, Greenhill, Steakley
- **Cited by:** 224 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9666298

## How later opinions describe it (automated extraction)

- holding that attorneys must prove that their fees are fair but, absent such findings, nevertheless considering evidence to support judgment allowing attorney to retain a portion of fees
- noting that after respondent “established that the conveyance was executed and delivered during the existence of the attorney-client relationship, the burden was on petitioner to show that his acquisition of the interest conveyed by the deed was fair, honest[,] and equitable”
- explaining that “[a]ctual fraud usually involves dishonesty of purpose or intent to deceive”
- explaining that courts “scrutinize with jealousy all contracts [with a fiduciary]”
- explaining that courts Ascrutinize with jealousy all contracts [with a fiduciary]@

## Opinion text

POPE, Justice,
(concurring).
Mrs. Griffith asserted that her contract was originally made at a time when she was a married woman and that the contract was voidable. The attorney-client relationship arose while she was thus favored. This fiduciary relationship lodged the burden of proof upon her attorney to overcome her charge that the fee was unreasonable. 1 Black, Rescission and Cancellation, §§ 48, 51 (2d ed. 1929). Counsel, charged with that burden, failed to convince the trier of fact. The judgment must therefore be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9666298. Public record. Not legal advice.