The Texas Bar Association’s Litigation Section publishes a quarterly magazine, The Advocate, which is distributed to each of the section’s members. The Fall 2009 edition of the magazine, “Decedent’s Estates and Guardianships,” features articles written by some of the most prominent probate and guardianship attorneys around the state of Texas. Among the articles published in this edition of the magazine is an article entitled “What Every Litigator Should Know Before Accepting a Guardianship Litigation Engagement,” written by Ford+Bergner LLP partner Don Ford.
In the Article, Ford points out that attorneys who do not regularly practice in the guardianship litigation arena are often tripped up by the numerous procedural issues that drive guardianship litigation cases. While these issues can often be complex, Ford attempted to answer some of the basic questions that attorneys face when they agree to represent clients in guardianship cases. Among the issues that Ford addresses, he points out the requirements and responsibilities for the attorney ad litem in a guardianship case. He also explains the venue and jurisdiction requirements, along with requirements for providing notice to interested parties and the requirements for an appropriate letter from a qualifying doctor who examined the alleged incapacitated person.
The Litigation Section is a state-wide association of litigation attorneys in Texas, and is the largest section of the Texas Bar Association. The Section provides its members with educational opportunities to learn about various areas of the law in which their members may or may not practice routinely. The Fall 2009 issue of The Advocate is being distributed to more than 10,000 attorneys across Texas, and will hopefully provide those attorneys with a better understanding of complex probate and guardianship issues. Mr. Ford is honored to have been asked to provide his expertise to educate the impressive group of attorneys represented in the Litigation Section.