October 21, 2009 Representation to Principal
On October 21, 2009, as a result of the August 28, 2009 injunction expiring on September 29, 2009, the step-mom went to visit the daughter's school for lunch. After the step-mom left the school, the principal of the school contacted Wendy Burgower to confirm that the August 28, 2009 injunction had expired and that the parents could visit the school to have lunch their daughter.
Wendy Burgower communicated to the school principal that the August 28, 2009 injunction was still valid and in force on October 21, 2009 when the step-mom went to the school and that the parents were still prohibited from going to the school pursuant to the August 28, 2009 injunction. Please see email correspondence from the school principal - email from principal.
Rule 4.01 of the Texas Disciplinary Rules of Professional Conduct states the following:
In the course of representing a client a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a third person.
It is the opinion of the father that Wendy Burgower knowingly made a false statement of a material fact (validity of a court order) to his daughter's school principal.
After speaking with Wendy Burgower, the school principal called the father to inform him of what Wendy Burgower told her about the August 28, 2009 injunction and that it was still valid and in force. The father then told the school principal that the August 28, 2009 injunction was not valid or in force any longer as it expired on September 29, 2009. The school principal told the father that it didn't matter, that she had to follow what was communicated to her by Wendy Burgower.
On October 21, 2009, the father sent an email to Wendy Burgower asking her why she would communicate that the August 28, 2009 injunction was valid when it had expired on September 29, 2009.
The father made it very clear in his email to Wendy Burgower on October 21, 2009 that he would be contacting the State Bar of Texas regarding her representation to the school principal that the August 28, 2009 injunction was valid and in force when it expired on September 29, 2009. Please see October 21, 2009 email from father to Wendy Burgower - October 21, 2009 email to Wendy Burgower.
Wendy Burgower did not provide the father with an explanation of why she communicated to the school principal that the August 28, 2009 injunction was valid when it had expired on September 29, 2009.
DISCLAIMER: It is important for all who read the information on this website to understand that these are the OPINIONS of the father based on the evidence provided.
If you have any comments that you would like to make or issues that you would like to discuss, please go to the father's blog at the following link. Father's Blog.