Dow Chemical Company, Petitioner v. F. Fox Benton, Respondents

Summary

The Texas Supreme Court held that an attorney who has a contingent fee contract cannot intervene and continue a plaintiff's dismissed cause of action to secure his fee. The Court affirmed the trial court's dismissal of both the plaintiff's suit and the attorney's petition for intervention, emphasizing that the attorney's rights are derivative of the client’s and the attorney‑client relationship precludes a separate, independent claim.