TCJL has submitted an amicus curiae brief in support of an oil and gas producer’s petition for writ of mandamus in the Texas Supreme Court. The petition asks the court to disqualify the plaintiff’s counsel for wrongfully obtaining and using information protected by attorney-client privilege.
In re Pioneer Natural Resources USA, Inc. (No. 26-0760) arose from a commercial case in Martin County, Texas. Pioneer seeks to disqualify opposing counsel Robert C. Vartabedian and his firm for allegedly obtaining and using privileged information. While the underlying facts are disputed, the record supports the following allegations:
- Misrepresenting a Privilege Waiver. Vartabedian allegedly told Pioneer’s former VP of Domestic Litigation, Jason Rees, that the court had waived all attorney-client privilege, when the order actually allowed only a limited waiver. Rees then disclosed sensitive information, including litigation strategy, settlement positions, board-level communications, and legal assessments.
- Secretly Recording Rees. Despite assuring Rees their conversations would not be recorded, Vartabedian allegedly recorded at least one call. The recording suggests he knew the discussion involved privileged matters.
- Coaching Testimony. The recording allegedly shows Vartabedian encouraging Rees to contradict other witnesses, advancing unsupported narratives, and discussing ways to present testimony without revealing prior coaching.
- Concealing and Using Privileged Information. Vartabedian allegedly withheld the recording and related communications for months while using information obtained from Rees during hearings and depositions, producing the recording only after it was demanded.
- Irreparable Prejudice. Pioneer argues the disclosed information goes to the core of the case and cannot be remedied because it now resides in opposing counsel’s knowledge, making lesser sanctions ineffective.
- Ethics Violations. Pioneer alleges multiple violations of the Texas Disciplinary Rules of Professional Conduct, including dishonesty, misrepresentation, concealment of evidence, and witness coaching, which Pioneer contends independently justify disqualification of both Vartabedian and his firm.
TCJL’s brief places the attorney’s conduct in the context of waning public confidence in the integrity of the judicial process. Given the egregiousness of the attorney’s conduct, we urge the Court to impose mandatory disqualification of attorney’s under the circumstances of this case. You can read the brief below.
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