### 'TaE,~mrol~n~E~ GENERAL OFTEXAS
GERALD C. MANN AUSTIN a,.TRXAn

ATr"'RNRY G~NxmcAL January 28, 1939

Hon. Joe Gordon County Attorney Gray County~ Pampa,Texas Dear Sir: Opinion No. O-198 Re: Collection of county debts by attorneys Your request for an opinionupon the following question: "Whether or not a private lawyer,Who alsohappens to be county attorney,under a contractwith the Commissioners'Court Bs a private attorney,may retain 10% attorney's fee forcollecting vendor's lien note stipulated In said vendorls iien note as attorney's fee, said vendor's lien note being given in part payment of school land,which had been placed‘inhis hands for collectionby the Commissioners'Court of his county?" has been received by this "epartment. In your letter,you further state that as -County Attorney of'Gray County,you are paid on a salarybasis as providedby the Officer's Salary Law and that you are required to pay all commissione and

_ fees of office to Gray County as **FrOVfaea** by said Officer's Salary Law. You further state that Gray County sold its school land as providedby Article 2824, Revised Civil Statutes of Texas and Article 7, Section 6 of the Constitutionof the State of Texas, and that the county took in payment therefor a vendor's lien note securedby a lien retained In the deed of conve8ante. That the debtorbectie delinquent and the Commissioners' ourt of. Gray County placed the note in your hands for collection and that you, ln'the capacity of a private attorney and not as an official and not as county attorney of Gray County,made and entered into a contractwith the Commissioners1 Court of Gray County whereby said court agreed to pay you the 10% attorney's fees stipulated in the vendor's lien note. You further state-thatyou collected the indebtedness includingprincipal, interest and interest on delinquent interest from then debtor, and in addition there,to, a 10% attorney'sfee provided for in said note. You further state that you did-not retain the 10% thereof as a commissionwhich you would have retained if,youhad.been actin 8 as an official as was authorizedby Article 335 of the Revised lvil Statutes of Texas,Hon. Joe Gordon, January 28, 1939,page 2, o-198

to be retained as a fee and tobe paid to the Officer's Salary Fund of the county. Your contention is, as we see it, that the agreementbetween the court and you was that the note shouldbe placed witin you as a practising lawyer rather than as an official, that the collection of the vendor's lien note was not a duty required of you by law as CountyAttorney and that, therefore, the Commissioners'Courthad power and authority to contractwith you to collect said Indebtednessas itwould with any other private,-attorney

and pay you the same fee that theywou@l pay any other private attorney and that, therefore,you aivl -titled to retain the fee stipulatedand agreed upon between you~and the Commissioners'Court. Youare respectfully advised that it is the opinion of this Department that you are correct in your contantion and that you shouldbe allowed to retain the 10% attorney's fee for collecting said note as agreed upon by and between you and the Commissioners' Court of Gray County,Texas. It is further the opinion of this - Department that the collection of the vendor's lien note abovementionedwas not a duty required of the &u.nty Attorneyby law and that, therefore, Artiole 335 does not apply.
We encloseherewith a copy of an opinion renderedby Hon. H. Gra& Chandler on May 25, 1938,which is deemedpertinent to your inquiry. Trusting that this answeryour inquiry,we remain Very trulyyours

WJF:AW/cg ENCLOSURE ATTORNEYGENERAL OF TEXAS s/ Wm. J. Fan&g ^ ~'~

Assistant

APPROVED: **S/** Gerald C. Mann ATTORNEY GENERAL OF TE%S