Texas Divorce Attorney Blog
Texas courts continue to apply strict standards to attorney conflicts of interest in family law disputes, particularly where an attorney previously represented one spouse, or both spouses, in prior legal matters. A recent opinion from the Third Court of Appeals in Austin highlights how allegations involving prior representation, confidential information, and nondisclosure may support disqualifications in divorce proceedings. Jason Murray Davis and Davis & Santos, P.C. v. Graham Weston, No. 03-22-00378-CV (Tex. App.—Austin Apr. 30, 2026, no pet.).
Background
The underlying dispute arose from divorce proceedings between Graham Weston and Elizabeth Weston. The attorney at issue had previously represented Graham Weston and related business entities over a period of years in matters tied to the family’s financial and corporate interests. The latter representation of Elizabeth Weston in divorce litigation against Graham formed the basis of the conflict allegations. (Graham had previously filed for divorce, then nonsuited the petition and was not represented by Davis during that initial divorce filing.)
Prior Representation and Texas Conflict Rules
Texas imposes strict duties on attorneys with respect to former clients under Rule 1.09 of the Texas Disciplinary Rules of Professional Conduct. The rule prohibits representation adverse to a former client in the same or a “substantially related” matter absent informed consent. Tex. Disciplinary Rules Prof’l Conduct R. 1.09.
In practice, Texas courts apply this rule broadly in divorce litigation involving intertwined business interests and long-term attorney-client relationships. The inquiry does not require proof that confidential information was actually used. Instead, the existence of a substantial relationship between the matters can be enough to trigger disqualification risk. In re Columbia Valley Healthcare System, L.P., 320 S.W.3d 819, 824-26 (Tex. 2010).
Substantial Relationship and Presumed Confidentiality
Texas courts also recognize that when a lawyer moves from representing a client to an adverse position in a related matter, a presumption arises that confidential information was shared in the prior representation. NCNB Texas Nat’l Bank v. Coker, 765 S.W.2d 398, 400-01 (Tex. 1989).
This presumption is particularly significant in family law disputes involving closely held businesses or shared financial structures. Even where representation is not identical, overlapping facts, strategy, or financial exposure may be sufficient to satisfy the “substantial relationship” standard.
Disqualification in Practice
In the Weston litigation, the trial court disqualified the attorney from representing Elizabeth Weston after finding that prior representation of Graham Weston and related entities created a conflict. Texas courts frequently treat disqualification as a protective measure. The focus is on preventing potential misuse of confidential information and avoiding situations where divided loyalties could affect advocacy.
Perceived Misuse of Confidential Information
Importantly, Texas law does not require proof that confidential information was actually used to the client’s detriment. A reasonable risk or appearance of misuse can be sufficient to support disqualification and, in some circumstances, fiduciary-duty claims. Texas courts have long recognized that fiduciary duties owed by attorneys include duties of loyalty, candor, and full disclosure, and that breaches of those duties may give rise to independent civil liability. Willis v. Maverick, 760 S.W.2d 642, 645 (Tex. 1988).
Procedural Posture and Takeaway
The Third Court of Appeals did not decide whether misconduct actually occurred. Instead, it held only that the claims were not subject to early dismissal in subsequent litigation. The decision underscores a consistent theme in Texas law: attorney conflict rules operate broadly, and courts are willing to scrutinize even the appearance of divided loyalty when prior representation intersects with high-asset divorce litigation.
Protect Yourself in Complex Divorce Proceedings with a Dallas Attorney
For parties involved in complex divorce matters, the case highlights how prior attorney relationships can shape not only disqualification outcomes but also subsequent fiduciary-duty litigation when conflicts are alleged. At McClure Law Group, we ensure your complex divorce matters are addressed properly and in accordance with professional legal standards from the start. Contact our divorce law team today by calling (214) 692-8200.