When lawyers fight

by David Nieporent on August 28, 2007

At least we can be sure that lawyers don’t treat each other any better than they treat other parties in litigation. Texas Lawyer provides us with a story of how two plaintiffs lawyers, who started out on the same side of a class action suit, managed to turn a dispute amongst themselves over $28,000 in fees into an eleven year fight with an ultimate award of over $250,000.


1 Richard Nieporent 08.28.07 at 1:30 pm

One thing that jumped out at me from reading the article, besides the obvious fact that high price lawyers can act like children, is that:

Coghlan, principal in Houston’s Coghlan & Associates, says he and Bennett had a verbal agreement that Bennett would pay Coghlan a percentage of the attorney fees for his work on the Mrs. Baird’s litigation, a class action involving numerous plaintiffs and attorneys.

Why would a lawyer take on work based on a verbal agreement? Wouldn’t a signed contract make more sense to prevent just such a dispute from happening? How much work would it have entailed to have his law clerk write up a contract? You would think a lawyer would know better that that. Maybe next time he should consult a lawyer before he agrees to do work without a written contract!

2 Tony Zirkle 08.28.07 at 9:40 pm
3 TC 08.30.07 at 5:28 am

Don’t ya just love BAR fights?

I do, well, as long as I’m not involved with them. HAR HAR!!

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