The Levin Law Group v. Ernesto De Andre Sigmon, Fourteenth Court of Appeals, Houston, Texas
s] the policy to the attorney's attention every single time.”
In the affidavit, Levin also indicated that, in this specific situation, his staff forwarded a letter by facsimile to all three attorneys in the underlying case. In the first paragraph of the letter, he stated “I specifically alert you to Rule 19 dealing with cancellation/rescheduling fees.” Levin also specified the total mediation fee in this case was $6,375.00; thus the cancellation/rescheduling fee would be $3,187.50.
LLG also attached an affidavit from Levine, indicating that he contacted Levin's assistant to obtain potential dates for mediation. Levine stated that after “dialoging” with Sigmon and Fogel, they settled on February 8, 2008, and Levine notified Levin's office and confirmed the date. Levine averred that it was his belief the other attorneys understood personal attendance at the mediation was essential. He further stated that he recognized he and his clients were bound by the Rules of Mediation provided by Levin, including “the cancellation fee and the fact that the attorney and/or party who causes the cancellation is responsible to pay fifty percent (50%) of Mr. Levin's total fee.” Levine explained he had never been asked by a mediator to sign any type of “formal agreement”, and he and all other “practicing, experienced attorneys who engage in mediation in Harris County, Texas, deem