Sheller

A Texas attorney appearing pro hac vice for plaintiffs in a class action sent a communication to prospective class members that contained at least one misrepresentation. The trial court issued an order to show cause why the attorney’s pro hac vice status should not be revoked. After a hearing, the trial court declined to revoke the attorney’s pro hac vice status, and instead ordered the attorney to reimburse the defendant for substantial attorney’s fees, as a condition of retaining his pro hac vice status. The trial court also formally reprimanded the Texas attorney. The attorney appeals. We conclude the trial court lacked authority to impose attorney’s fees as a sanction and also lacked authority to issue the formal reprimand. We therefore reverse the trial court’s order. However, we also conclude that the trial court has the authority to revoke an attorney’s pro hac vice status in certain circumstances, and therefore remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

The challenged order arises in the context of a class action against Farmers New World Life Insurance Company and Farmers Group, Inc. (collectively Farmers). The action alleges Farmers…