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JCBA celebrates Law Day with elections, awards and fun activities

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Members of the bar cast votes for leadership positions in the Jefferson County Bar Association during Law Day events.Members of the Jefferson County legal community gathered May 3 for Law Day activities including the election of new officers to the local bar association and recognition of outstanding lawyers. The officers elected to the Board of Directors of the … Read More »

Legally Speaking: Will litigate for food

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Law firm consultants like to throw around terms like “value added billing” and “alternative fee arrangements” in describing creative ways for lawyers to be compensated by their clients.  But long before the billable hour, the flat rate, or the contingency … Read More »

Study: U.S. has world’s most costly legal system

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WASHINGTON (Legal Newsline) — A study released this week shows that the United States has the world’s most costly legal system. The study, released by the U.S. Chamber’s Institute for Legal Reform on May 14, compared liability costs as a percentage … Read More »

Longtime Galveston state rep. decides to not seek re-election

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GALVESTON – A local attorney who has had a presence in the Texas House of Representatives for the past 20 years decided to make his current term his last. A. Craig Eiland, D-Galveston, said on May 22 that he is … Read More »

Legally Speaking: In memory of Dean John F. Sutton

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In the nearly 24 years that I’ve been practicing law, I’ve been fortunate enough to receive some accolades from my colleagues.  A number of these have been for a commitment to legal ethics and improving professionalism.  I look at it … Read More »

Attorney representing Dupuy’s ex-fiancée testifies in judge’s custody hearing

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GALVESTON – Suspended Galveston County Court-at-Law No. 3 Judge Christopher Dupuy’s custody hearing continued with his ex-fiancée’s attorney on the stand. Michael Aldous, Tara Compton’s counsel, resumed fielding questions from Dupuy’s ex-wife’s lawyer, Lori Laird, about his alleged efforts to … Read More »

Legally Speaking: The case of the teeny weeny bikini and other legal weirdness

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Any job can get a little boring, doing the same thing day in and day out—even when you’re a federal judge. I recently wrote an article about a federal judge who issued an order riddled with “Star Trek” references; I … Read More »

State Bar seeks to disbar Beaumont attorney Alto Watson

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The Commission for Lawyer Discipline, an arm of the State Bar of Texas, has filed a disciplinary petition against Beaumont attorney Alto Watson III. The petition was filed May 31 in Jefferson County District Court. According to the petition, from … Read More »

Legally Speaking: Teaching what matters

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At a March dinner commemorating the 40th anniversary of the University of New Hampshire School of Law, U.S. Supreme Court Justice Antonin Scalia gave a speech in which he proclaimed modern legal education a “failure.” Decrying the course offerings that … Read More »

Dupuy arrested again, faces new indictment

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GALVESTON – Legal troubles continue to mount for a suspended and indicted Galveston County judge. Galveston County Court-at-Law No. 3 Judge Christopher Dupuy was arrested for the second time in less than a month the afternoon of June 12 on … Read More »

Civil and criminal penalties sought against Beaumont attorney

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Beaumont attorney Alto Watson III is facing both criminal charges for burglary and possible disbarment for stealing from his former firm and client.

Watson

Watson

As previously reported, the Commission for Lawyer Discipline, an arm of the State Bar of Texas, filed a disciplinary petition against Watson on May 31 in Jefferson County District Court.

According to the Beaumont Enterprise, on May 22 Watson was arrested for burglary of a habitation and family violence. He has since been indicted.

The commission’s petition says that from September 1998 through July 8, 2012, the Law Firm of Gilbert T. Adams employed Watson. During his employment, the suit alleges Watson wrongfully billed clients separately for his services and personally accepted client funds meant for the firm, depositing the money in his personal accounts for his own use and benefit.

For example, the suit claims that on March 2, 2011, Mohd Ali hired the firm for representation in a suit styled Major League Grill Franchise vs. Azam Beaumont Enterprises. Ali agreed to pay the firm $10,000 — $5,000 of which Watson asked the client to pay directly to him. He deposited the funds into his personal account and failed to inform the firm, according to the lawsuit.

Also, Watson requested the court amend an order to include him as a payee from the court’s registry. On March 30, 2012, unknown to Ali and firm, Watson took $11,348 from the court’s registry and deposited the funds into his personal account, the suit alleges.

An additional $5,472 was allegedly taken from the court registry by Watson on June 14, 2012, according to the suit.

In a separate case, on Jan. 27, 2012, Tina Whitacre hired the firm for representation in a potential medical negligence case. Without the firm’s knowledge, Watson requested she pay $2,500 directly to him, which she did, the petition states.

In its suit, the State Bar maintains Watson has engaged in fraud and has violated the Texas Disciplinary Rules of Professional Conduct by holding funds belonging to clients or third persons.

The organization is asking the court to discipline the attorney by reprimand, suspension or disbarment.

Linda Acevedo, chief disciplinary counsel, represents the Bar.

Judge Milton Shuffield, 136th District Court, is assigned to the case.

Case No. D194-399

Legally Speaking: Like Noah’s ark, everything in twos

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My little old Irish grandmother used to say that bad things came in “threes.”

Browning

Browning

Experience a death or serious illness in the family lately?  Lose your job?  Well, she would say, that’s not the end of it — according to her immutable theory of the universe, you were about to get one more cosmic kick to the groin because “bad news comes in threes.”

But in surveying the latest legal news, I’m inclined to think that things come in twos—paired off, just like Noah’s ark.  Every time I’ve seen an odd legally-themed news item lately, there always seems to be a counterpart close by.  Let me show you what I mean.

Channeling Pop Culture in the Courts—Vol. I

I’m a movie buff, so I enjoy it when a judge reveals his or her appreciation for the silver screen, especially in the course of a judicial opinion or order.  I think it reminds us that the judge is human too, and laughs at what we laugh at or cries at what makes us cry.

In a recent Florida appellate court case, Handi-Van v. Broward County, the largely dry opinion involves a lawsuit by two government contractors who lost money in a transit program for Broward County.

In discussing the finer points of government contracts, the court referred to another case, which was about a contractor providing rodent-control services (specifically gopher removal) at housing projects.  The Florida appellate judge couldn’t help but interject a reference to gopher removal from one of his favorite movies, “Caddyshack,”

“[I]t should be noted that there are instances where gopher removal may be costly, particularly when animal-shaped C4 explosives are required.  See Caddyshack (Orion Pictures 1980) (chronicling groundkeeper Carl Spackler’s extensive attempts to exterminate a gopher, resulting in the destruction of the Bushwood Country Club).”

Channeling Pop Culture in the Courts—Vol. II

Not to be outdone, U.S. Supreme Court Justice Elena Kagan slipped in an 80s pop music reference in one of her recent opinions.  In American Trucking Association v. City of Los Angeles, Justice Kagan talked about Port of Los Angeles requirements for transporting cargo:

“The two directly at issue here compel the company to (1) affix a placard on each truck with a phone number for reporting environmental or safety concerns (You’ve seen the type: “How am I driving?  213-867-5309”) and (2) submit a plan listing off-street parking locations for each truck when not in service.”

867-5309?  Did Justice Kagan really just rattle off the digits from that Tommy Tutone 80s smash hit “Jenny – 867-5309?”  You bet she did.

What Not to Wear to Court, Vol. I

In June, New Jersey man Heath Campbell went to court in an attempt to obtain visitation rights with his 2-year-old son, Hons.  His choice of attire, however, was odd to say the least—a Nazi uniform.

Was Campbell trying to make a statement about the legal process?  Not exactly.

Campbell is a white supremacist/neo-Nazi who lost custody of his three older children (the state says this was due to violence in the home, while Campbell maintains it was because he gave the kids Nazi-inspired names, like his son, Adolf Hitler Campbell).

When asked if he thought his wardrobe choice would hurt his case, Campbell said “If they’re good judges and they’re good people, they’ll look within, not what’s on the outside.”

Yeah—good luck with that.

What Not to Wear to Court, Vol. II

I’m not sure what’s going on in Illinois judicial circles.  In March, Circuit Judge Joe Christ died of cocaine intoxication.  His friend and fellow criminal court judge Michael Cook faces federal weapons and drug charges, including a charge of possession of heroin.

As if that isn’t bad enough, when he was arraigned in federal court to plead not guilty, Cook wore cutoff shorts and a T-shirt that read “Bad is my middle name.”

Apparently there’s truth in advertising after all.

A Tough Audience, Vo. I

Scott Simon probably should have dialed more carefully before following his alleged murder victim home after an argument at a restaurant.  Thirty-three-year-old Nicholas Walker was fatally shot minutes after Simon was allegedly discussing on the phone his plan to murder Walker.

But Simon didn’t dial the number he thought; instead, he accidentally dialed 911, and his entire conversation was recorded (and eventually traced to him).

A spokesperson for the Broward County Sheriff’s Department said “This is a first for me.  Criminals say crazy things all the time, but I’ve never seen anyone call a recorded line.”

A Tough Audience, Vo. II

Frank Lindh, the general counsel for the California Public Utilities Commission, probably expected a warmer reception than he got recently at the National Conference of Regulatory Attorneys in San Francisco.  After all, his own agency was hosting it and his own staff of attorneys was in the crowd.

But that didn’t prevent Lindh from being heckled by his own people during the speech about “hypothetical” staff attorneys who lacked judgment and loyalty.

This followed shortly after the reported reassignment of a four lawyer team from the CPUC who had called for more than $2 billion in fines to be imposed on Pacific Gas and Electric Co. over its culpability in a 2010 San Bruno natural gas explosion and fire that killed eight people and destroyed 38 homes.

The attorneys had also refused to sign a brief they believed to be unethical over concerns about recommendations the brief made regarding penalties that should be assessed against the gas company.

As Rodney Dangerfield would say, tough crowd!

Lawyer for plaintiffs in BP case known as a Renaissance man in legal community

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NEW YORK (Legal Newsline) — Samuel Issacharoff, the New York University School of Law professor who is representing a group of class action plaintiffs against oil giant BP, often is described as a Renaissance man.

Issacharoff

Indeed, his list of accomplishments is long and he seems to be constantly reinventing himself, delving into different fields and more than willing to share his wide-ranging expertise with others — even the President.

In 2008, during the primaries and general election season, Issacharoff, along with fellow professor Richard Pildes, worked as part of Barack Obama’s campaign legal team.

The pair’s focus was to monitor voting issues around the country, and respond to any problems that may require legal intervention.

Prior to the election, Issacharoff joined the NYU School of Law as the Bonnie and Richard Reiss Professor of Constitutional Law.

A 1983 graduate of the Yale Law School, Issacharoff spent the early part of his career as a voting rights lawyer.

In particular, he served as the acting director of the Voting Rights Project for the D.C.-based Lawyers’ Committee for Civil Rights Under Law, litigating issues like racist gerrymandering.

“These were great professional moments that gave me tremendous satisfaction. You felt you were on the right side of history,” he told NYU’s The Law School Magazine of the experience.

Issacharoff started his teaching career at the University of Texas in 1989. There, he held the Joseph D. Jamail Centennial Chair in Law.

A few years later, in 1992, as a junior faculty member of Texas’ law school, he did a turn as an affirmative action lawyer and helped represent the university in the high-profile Hopwood v. Texas.

In Hopwood, four white plaintiffs who had been rejected from the university’s law school challenged the institution’s admissions policy on equal protection grounds, and prevailed.

After seven years as a precedent in the U.S. Court of Appeals for the Fifth Circuit, the decision was repealed by the U.S. Supreme Court in 2003.

In 1999, Issacharoff headed to Columbia Law School, where he was the Harold R. Medina Professor of Procedural Jurisprudence.

Then, in 2005, he was lured away to NYU.

As the Reiss Professor, Issacharoff’s wide-ranging research deals with issues in civil procedure (especially complex litigation and class actions), law and economics, constitutional law, particularly with regard to voting rights and electoral systems, and employment law.

Many consider him to be one of the pioneers in the law of the political process.

Over the years, his published articles have appeared in every leading law review, as well as in leading journals in other fields.

In fact, his Law of Democracy casebook, co-authored by Pildes and Stanford law professor Pamela Karlan, was used by Obama when he was a professor at the University of Chicago Law School.

“He’s a lawyer hyphen scholar. He’s able to bridge the gap between high theory and a lawyer’s sense of how judges are thinking about issues. His practice informs his scholarship, and his scholarship informs his practice,” Karlan said of Issacharoff in 2005.

Issacharoff also is considered a leading figure in the field of procedure, both in the academy and outside.

He served as the reporter for the Principles of the Law of Aggregate Litigation, released by the American Law Institute in 2010. The book provides an overview of mass disputes in modern society and discusses key concepts in the field.

Also, in 2003, he was inducted into the prestigious American Academy of Arts of Sciences for his expertise in employment law and his empirical work in behavioral law and economics.

Issacharoff was born in Buenos Aires to father Amnon, a psychoanalyst, and mother Dorah, who taught college comparative literature.

When he was 5 years old, his family moved to the United States, eventually settling in Manhattan.

He attended the competitive Bronx Science High School — still considered the premier science magnet school in the U.S. — and graduated from Binghamton University in New York, with an undergraduate degree in history, in 1975.

He met his wife, Cynthia Estlund, while attending Yale. Estlund, herself, is an accomplished labor and employment-law professor, also at NYU’s School of Law.

On Monday, Issacharoff served as counsel for a group of class action plaintiffs at a hearing held in a federal appeals court involving the administration of claims processing to individuals and businesses negatively affected by the 2010 Gulf of Mexico oil spill.

The expedited appeal was taken up in the U.S. Court of Appeals for the Fifth Circuit just a little over three months after defendant BP filed it on April 5.

At issue are claims by BP that the settlement process it agreed to in May 2012, which pays out settlements to businesses and individuals affected by the explosion of the BP-owned Deepwater Horizon oil rig, has been perverted to provide settlements over and above what those affected deserve in addition to being applied to businesses that were not affected by the spill.

BP originally estimated that the settlement to be worth $7.8 billion to the plaintiffs, but the claims process has no cap and is expected to grow substantially if the current process is left in place.

From Legal Newsline: Reach Jessica Karmasek by email at jessica@legalnewsline.com.

BP plaintiffs lawyer once represented Scruggs

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NEW YORK (Legal Newsline) — One of the lawyers representing a group of class action plaintiffs against oil giant BP also helped represent disgraced Mississippi attorney Richard “Dickie” Scruggs.

Issacharoff

According to the Northeast Mississippi Daily Journal, Scruggs hired Samuel Issacharoff, a New York University School of Law professor and well-known constitutional law specialist, to beef up his legal team ahead of a March 2012 conviction appeal hearing.

Issacharoff — along with fellow NYU law professor Richard Pildes — also authored an amicus brief to the U.S. Supreme Court on Scruggs’ behalf in another public corruption case, Siegelman v. USA.

In Siegelman, HealthSouth Corp. founder Richard Scrushy and former Alabama Gov. Don Siegelman were found guilty on charges that Siegelman in 1999 appointed Scrushy to a state hospital regulatory board in exchange for $500,000 in political contributions.

Issacharoff – known as a Renaissance man in the legal community – argued in the amicus brief for Scruggs, filed in March 2012, that the Supreme Court should hear the case.

“This Court’s resolution of whether state campaign and referenda contributions can be treated as alleged bribes at all under the honest services law, and if so, what standard of proof is required to permit the federal government to transform these contributions into honest-services bribery, will have direct implications for the similar attempts of federal prosecutors to categorize other forms of state-level political activity, such as endorsements of judges for higher office, as federal crimes,” he wrote in the 19-page brief, noting that Scruggs had a “direct interest” in the questions presented.

Read the full brief here.

Ultimately, the nation’s high court decided not to hear Siegelman.

Scruggs

Scruggs

In April, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit affirmed a lower court ruling upholding Scruggs’ own corruption conviction.

In 2009, Scruggs pleaded guilty to influencing former Hinds County Circuit Judge Bobby DeLaughter. At the time of the plea, Scruggs already was serving a five-year sentence on charges from another judicial corruption case.

Before the Fifth Circuit’s ruling, Scruggs was free on $2 million bond.

Officials say Scruggs told DeLaughter he would push DeLaughter for a federal judicial appointment to his brother-in-law, former U.S. Sen. Trent Lott. In 2009, DeLaughter pleaded guilty to obstruction of justice. He now is free.

In the 16-page ruling, the panel provided background in the case.

“Scruggs made both a name and a fortune as a plaintiffs’ attorney in asbestos and tobacco litigation,” the panel wrote. “Along the way, he became entangled in many fee-sharing disputes with co-counsel.”

One landed before DeLaughter, who was known for prosecuting Byron De La Beckwith for the murder of civil rights leader Medgar Evers.

“DeLaughter coveted a federal Article III judgeship more than anything else,” the panel wrote in their April 12 ruling. “In early 2006, Scruggs retained Ed Peters, a close friend and mentor of DeLaughter’s, as a secret go-between who conveyed an offer: If DeLaughter would help Scruggs win (his case), Scruggs would recommend DeLaughter to Lott for a district court judgeship.”

When this information came to light through investigation of an unrelated charge against Scruggs, he pleaded guilty to corruption charges.

But in June 2011, Scruggs filed a motion to vacate his sentence because he never admitted to bribing DeLaughter, so he said he wasn’t guilty of a crime.

The three-judge panel didn’t seem to care.

“Scruggs pleaded guilty,” the panel wrote. “A voluntary and unconditional guilty plea waives all non-jurisdictional defects. Not surprisingly, then, most of the issues raised by Scruggs in this appeal are attempts to evade that waiver.

“Because his information does not use the word ‘bribe,’ Scruggs urges that it no longer charges an offense. Therefore, he contends, the district court had no jurisdiction over his ‘non-offense’ and could not accept his guilty plea. … The district court rejected each argument, and we agree.”

During oral arguments held in March, attorneys Edward “Chip” Robertson Jr. and former Mississippi Attorney General Michael Moore said Scruggs did not offer DeLaughter “anything of value.”

Scruggs, who at the time was serving a five-year sentence after pleading guilty in 2008 to bribing Lafayette County Judge Henry Lackey, had said he would suggest DeLaughter be given a federal judgeship. Scruggs, 66, insists that was “political speech.”

The government argued that the suggestion of a federal judgeship has value.

Both DeLaughter and Lackey presided over Katrina-related legal fees lawsuits against Scruggs and others. Scruggs is free on bond while the appeal is considered. He’s completed his sentence in the Lackey affair.

Meanwhile, Issacharoff has moved on to helping represent a group of class action plaintiffs suing BP.

On Monday, he served as counsel for the plaintiffs at a hearing held in a federal appeals court involving the administration of claims processing to individuals and businesses negatively affected by the 2010 Gulf of Mexico oil spill.

The expedited appeal was taken up in the Fifth Circuit just a little over three months after defendant BP filed it on April 5.

At issue are claims by BP that the settlement process it agreed to in May 2012, which pays out settlements to businesses and individuals affected by the explosion of the BP-owned Deepwater Horizon oil rig, has been perverted to provide settlements over and above what those affected deserve in addition to being applied to businesses that were not affected by the spill.

BP originally estimated that the settlement to be worth $7.8 billion to the plaintiffs, but the claims process has no cap and is expected to grow substantially if the current process is left in place.

From Legal Newsline: Reach Jessica Karmasek by email at jessica@legalnewsline.com.

Disciplinary commission sues Beaumont attorney who allegedly claimed influence over judges

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The Commission for Lawyer Discipline has filed suit against Beaumont attorney Rhett Phares, who allegedly demanded $100,000 from his former client and threatened him by lauding his influence over local judges.

The lawsuit, filed April 18 in Jefferson County District Court, stems from a case filed by Phares’ former client, Dr. Saeed Ally, who sued the attorney in July.

As previously reported, Dr. Ally, a Beaumont cardiovascular surgeon, filed a lawsuit against Phares on July 19 in Jefferson County District Court, after receiving emails from Phares allegedly demanding a $100,000 cash payment in exchange for keeping private information confidential.

According to the lawsuit brought by the Commission for Lawyer Discipline, Phares’ emails contained multiple threats, “including claims that he was able to improperly influence government agencies and officials (such as) various judges.”

Phares’ threats didn’t end with Dr. Ally, court papers say.

The attorney has also allegedly harassed private investigator Philip Klein, who served him with Dr. Ally’s lawsuit.

“After he was served with the lawsuit, (Phares) continued the pattern of harassing emails and text messages and begun including complainant Philip Klein as a target,” the suit states.

“The emails also included derogatory, humiliating and embarrassing content with no purpose other than to harass, embarrass and burden the persons to whom they were directed.”

The commission’s lawsuit faults Phares with numerous rule violations, including representing opposing parties in the same litigation, improper communications, threatening persons with criminal charges to gain an advantage in a civil matter and implying an ability to improperly influence a government agency or official.

The suit does not name the government officials and judges Phares supposedly holds sway with.

Klein brought Phares’ alleged actions to the attention of the Office of the Chief Disciplinary Counsel of the State Bar of Texas on Sept. 10.

Chief Disciplinary Counsel Linda Acevedo represents the commission.

Judge Gary Sanderson, 6oth District Court, has been assigned to the case.

Case No. B189-800


O’Quinn firm sued for legal malpractice by silicosis clients

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O’Quinn

Almost 200 former silicosis clients of renowned Houston attorney John O’Quinn are now alleging the deceased lawyer’s firm improperly charged expenses and continues to hold on to their settlement funds.

Plaintiff Tory House and 186 others filed a legal malpractice suit against The O’Quinn Law Firm, John M. O’Quinn & Associates LLP, the estate of John M. O’Quinn and firm attorney Abel Manji on April 5 in Harris County 113th District Court.

The plaintiffs are represented by Houston attorney Jerry Pusch.

According to the complaint first reported by Texas Lawyer, the plaintiffs were workers in plants, refineries and construction worksites at various Texas locations where they claim they were exposed to silica-containing products and diagnosed with silica related diseases.

“Due to having silica related diseases, Plaintiffs employed the Defendants on a contingency fee basis and issued them a Power of Attorney to represent them in claims against manufacturers and distributors of silica related products, materials and protective equipment,” the original complaint states. “During the course of Plaintiffs’ silicosis lawsuits, Defendants were to prosecute their lawsuits to a conclusion.”

However the plaintiffs allege that during the course of representing the plaintiffs, the O’Quinn firm incurred unnecessary and excessive expenses and then recouped the expenses from the plaintiffs’ settlements.

The plaintiffs claim they have signed settlement documents, but to date have not received the settlement funds.

“After more than three years there has been no explanation or communication as to the completed settlements,” the complaint states.

The lawsuit alleges professional negligence, professional negligence per se, breach of fiduciary duties, fraud and constructive fraud, fraudulent inducement to enter an agreement and breach of agreement, negligent misrepresentation, unjust enrichment, conspiracy, aiding and abetting and negligent undertakings.

The plaintiffs are seeking compensatory and exemplary damages, forfeiture and disgorgement of all fees defendants previously received from their cases, return of all fraudulent expenses, reasonable attorneys’ fees, interest and costs.

“Defendants conduct was grossly negligent, fraudulent, deceitful, and in conscious disregard of the rights and welfare of Plaintiffs,” the complaint states. “Plaintiffs ask the jury to assess such amounts as they think are reasonable and appropriate as exemplary damages against Defendants in order to set an example for others, and especially other lawyers and law firms similarly situated and as punishment for Defendants for their outrages conduct.”

In 2007, an arbitration panel ordered O’Quinn to refund at least $35.7 million to more than 3,000 former breast implant litigation clients who claimed the firm improperly withheld settlement money. The arbitrators said O’Quinn made improper general expense deductions including professional association dues, flowers, fundraising, other lawyer’s fees and overhead. O’Quinn had required his clients to sign a binding arbitration agreement in the event of dispute.

Case No. 2011-20888

Buzbee sues Apffel over attorney fees from Hurricane Ike settlements

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Buzbee

GALVESTON – Galveston attorney Tony Buzbee is pursuing legal action against Darrell Apffel and Bettison, Doyle, Apffel & Guarino PC, claiming the Galveston law firm used his name and reputation to land Hurricane Ike clients and settle their cases with various insurers.

The lawsuit was filed April 19 in Galveston County District Court.

Court papers allege Apffel “went as far as to illegally list Buzbee as lead counsel on the proceedings for more than 20 cases filed in Galveston state court – again without Buzbee’s knowledge or permission or without compensating Buzbee a dime.”

Buzbee explains that the defendants approached him about helping them with Hurricane Ike lawsuits.

“Apffel relayed to Buzbee his belief that Buzbee’s involvement in the lawsuits would substantially increase the value of the cases,” the original petition says.

The suit states that Apffel, a justice of the peace and attorney, and Bettison Doyle agreed in writing to pay Buzbee 5 percent of all fees generated by their individual Ike suits and 50 percent of a large commercial claim in exchange for using Buzbee’s name.

Buzbee contends he upheld his part of the contract, but did not receive proper compensation from the defendants. He claims that Apffel and Bettison Doyle’s actions damaged his reputation and subjected him to malpractice claims.

“The defendants’ conduct was illegal and in violation of the ethical rules governing lawyers,” the suit says.

Consequently, Buzbee seeks compensatory and punitive damages and attorneys’ fees as well as a jury trial.

Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 11-cv-0665

Brent Coon & Associates sued for legal malpractice

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Coon

A legal malpractice lawsuit was recently filed against the Beaumont law firm Brent Coon & Associates, alleging lawyers Ryan Scott and Brent Coon failed to timely file a medical malpractice claim.

Area residents Jerry and June Peveto filed the suit May 16 in Jefferson County District Court.

Court records show that the Pevetos hired Brent Coon & Associates following the death of their daughter, who died on Feb. 15, 2007. The couple sought the firm’s services believing their daughter’s death was the result of medical negligence.

On Feb 15, 2008, the Pevetos and Brent Coon & Associates entered into a written agreement. Nearly a year later, the firm sent the couple a letter stating the statute of limitations had elapsed and a lawsuit could not be filed.

“Defendants failed to do a full and complete investigation of the facts surrounding the injuries and suffering of Cynthia Ann Peveto and her death,” the suit states.

“Defendants failed to prosecute to a conclusion all claims against all responsible parties and timely file a lawsuit.”

The suit alleges the defendants breached their contract and negligently misrepresented the plaintiffs.

The plaintiffs are suing for actual and consequential damages.

They are represented by Katy attorney Jim Culpepper.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E190-030

Justices affirm court’s ruling dismissing convict’s suit against attorney

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Texas justices seated on the Ninth Court of Appeals recently affirmed a lower court’s ruling dismissing a lawsuit filed by an inmate, who sued his court appointed attorney after being convicted.

Larry Lawson filed suit against attorney Raquel West on Nov. 16, 2009, in Jefferson County District Court, alleging he had a mental disorder that should have prevented him from standing trial.

West was appointed by a court of law to represent Lawson in a criminal matter on Aug. 11, 2005, court records show.

In his suit, Lawson alleges West owed him a legal duty to bring his alleged mental retardation and mental illness to the attention of the court.

Shortly after the suit was filed, West filed a summary judgment motion asserting a lack of causation, arguing that Lawson was prohibited from bringing the action because he was not exonerated in the criminal case.

Judge Gary Sanderson, 60th District Court, granted the motion, prompting Lawson to file an appeal on Feb. 16, 2010, court papers say.

The Ninth Court affirmed the court’s ruling on Thursday May 19.

“Lawson has not been exonerated. No material issue of fact exists on the proximate cause element of the legal malpractice action,” states the court’s opinion, authored by Justice David Gaultney.

“The trial court did not err in granting summary judgment. We overrule Lawson’s issues and affirm the judgment.”

Lawson is suing for $850,000 in damages.

Trial case No. B185-348
Appeals case No. 09-10-00052-CV

Gilbert Adams sued for not paying for Yellow Pages ads

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Pick up a Southeast Texas Yellow Pages and there’s a good chance you will see Gilbert T. Adams and his law firm on the cover or in several full page ads.

On May 19, AT&T Yellow Pages filed suit against the Beaumont attorney in Jefferson County District Court, alleging Adams has not paid for all that advertising.

Court records show that Adams and Yellow Pages entered into a written agreement for the sale and purchase of directory advertising services from December 2007 to December 2008.

The total amount of the sale was $515,459.80 – which was to be paid in monthly installments. To date, Adams still owes $478,470.20, the suit states.

“Said services were accepted, used and enjoyed by defendant under such circumstances as to reasonably notify Defendant that Plaintiff was expecting to be paid for such services,” the suit states, adding that Adams unjustly enriched himself by not paying for the ads.

Yellow Pages is suing for actual damages and all court costs, including attorney’s fees.

Houston attorney Brent Wells of Wells & Cuellar represents the company.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E190-057

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