Then ten days before the trial the Law Office submitted special jury issues in the nature of a breach of contract. The elements of such cause are elemental: 1) an agreement, 2) plaintiff had abided, 3) defendant had not, 4) plaintiff was damaged. I objected that I was "excused" because plaintiff had previously broken its agreement . Plaintiff presented no evidence that it had abided, and submitted no issues as to this element to the jury.

I asked for determination by the jury as to whether I was "excused" by the Law Office's prior breach of agreement. The Court of course did not have to submit this issue to the jury. That was a clear matter of law that I was "excused" by prior breach of the agreement, namely for failure to openly and honestly bill and obtain permission before incurring large expenses.

Furthermore, the letter agreement gave the remedy available to the Law Office if I did not pay, namely that the lawyer had the right to withdraw and quit working ("We reserve the right to terminate … … for … 1) Your non-payment of fees or costs"). That is the remedy, the only remedy. "Expressio unius est exclusio alterius". (expression of one thing is the exclusion of another)

On top of that, the Law Office had admitted that it was not a person, i.e. not capable of holding a property interest, but only an entity. It therefore has no more right to sue or be awarded judgment than a can of Coca Cola or a potted plant!

And a jury "adjusting" a sworn account down by five thousand dollars is absurd. Something stinks about the "systematic records maintained" claim.

Furthermore, the Law Office P.C. had only one participating attorney, who was the only officer, and the only shareholder, and he is now dead. Poof, Law Office is no more! And just whom, if anyone, opposing "counsel" is representing under these truly bizarre circumstances is beyond me!

With this said, I am ready to argue the motions. The provided binder has the motions and supporting documents.

UDO BIRNBAUM
540 VZ 2916
Eustace, Texas 75124
(903) 479-3929