Weldon-Francke v. Fisher

In Weldon-Francke v. Fisher, 237 S.W.3d 789 (Tex. App.--Houston 14th Dist. 2007, no pet.), a New Hampshire attorney gave legal advice to Texas residents in New Hampshire and drafted documents concerning the transfer of their New Hampshire summer home to a trust. Id. at 794-95. The Texas residents and their Texas counsel later contacted the New Hampshire attorney through correspondence, facsimile, and telephone with inquiries about the trust, and the attorney responded in telephone calls and correspondence to the clients and their counsel in Texas. Id. at 795. The clients subsequently sued the New Hampshire attorney in Texas, and argued that specific jurisdiction was proper because the attorney performed tortious acts in her calls and letters to Texas. Id. at 797. The Court rejected that argument, and explained that because the attorney did not engage in purposeful contacts with Texas by rendering legal services to Texas residents in New Hampshire, she did not engage in purposeful contacts with Texas by responding to telephone calls and correspondence from Texas about that advice. Id.