June 30-July 1, 2009

GENERAL

Attorneys Unite to Support Government Watchdog Dismissed by Obama Administration

Noeleen G. Walder, New York Law Journal

7-1-09 -- Nearly 150 prominent attorneys of all political stripes have banded together to support one of their own who went to Washington, D.C., to serve as a government watchdog, only to be unceremoniously dismissed by the Obama administration earlier this month. . . . Read the letter in support of Walpin (pdf). . . . Appointed by former President George W. Bush in January 2007, Gerald Walpin, the former inspector general for the board of the Corporation for National & Community Service, said that in mid-June, Norman L. Eisen, special counsel to President Barack Obama, called him, curtly thanked him for his service and gave him less than an hour to "move on." . . . The call came after Walpin issued two "substantial reports" raising questions about the misuse of AmeriCorps funds, Walpin said. One accused Sacramento mayor Kevin Johnson, a former NBA basketball star who founded the nonprofit St. HOPE, of misusing an $850,000 AmeriCorps grant, and the other involved a probe into a teacher training program at the City University of New York.

FTC Rule on Identity Theft Draws Strong Criticism From Bar Groups

Daniel Wise, New York Law Journal

7-1-09 -- The New York State Bar Association Monday became the latest bar group to protest new Federal Trade Commission rules requiring lawyers to become involved in preventing identity theft, calling the move unauthorized, unnecessary and destructive to the attorney-client relationship. . . . The State Bar's objections follow those submitted last week by the American Bar Association and the New York County Lawyers' Association. . . . In addition, the ABA reports that statewide bar associations in Arkansas, Colorado, Illinois, Ohio and Virginia have also contacted the FTC to express their opposition, with Oregon and Wisconsin expected to follow shortly. . . . The rules, which are slated to take effect on Aug. 1, implement a 2003 statute aimed at curbing identity theft.

Lawyers Remember Michael Jackson for
‘Smooth’ Shoe Patent

By Martha Neil, ABA Journal

7-1-09 -- As many remember Michael Jackson for his Thriller work or read his will in the Smoking Gun today, some lawyers recall him for an innovative dance shoe patent. . . . The design, which was patented in 1993 by the pop singer and two partners, contains a special heel slot. Retractable pegs in a stage floor allowed the singer to anchor the shoes so he could lean forward beyond his center of gravity, as he did in his "Smooth Criminal" video, reports USA Today.

For the 2nd Time in Less Than 3 Months, Judge Sullivan Castigates DOJ

By Martha Neil, ABA Journal

7-1-09 -- For the second time in less than three months, Judge Emmett Sullivan offered blistering comments from the bench yesterday castigating the U.S. Department of Justice concerning its compliance with ethical obligations to turn over exculpatory evidence to the defense. . . . In the latest case, the Washington, D.C., federal district judge questioned whether the DOJ had violated D.C. Rules of Professional Conduct and standards contained in a U.S. Attorneys manual for federal prosecutors by either making or failing to correct false statements to the court, reports the Blog of Legal Times. . . . The judge did not make any formal finding of wrongdoing, however, and Paul O’Brien, who serves as chief of the DOJ Narcotic and Dangerous Drug Section says the government will provide a written response “to educate the court better” about its handling of a high-profile narcotics case against Zhenli Ye Gon.

Law Firm Apprentice Programs Add Extra Step for New Associates

Jeff Jeffrey, The National Law Journal

6-30-09 -- After three years of law school, a hundred grand of debt and weeks sweating out a bar review and exam, it's time to start practicing law in earnest, right? . . . At a handful of firms, the answer is fast becoming "not yet." These firms are putting new recruits through additional apprenticeship programs that they say will better train their attorneys for life at a law firm and for handling clients. Think of it as the equivalent of a medical residency, only with suits instead of scrubs. . . . The latest -- and so far largest -- firm to move to an apprenticeship model, 659-lawyer Howrey, announced its program last week. Starting next year, first-years at the firm will get a pay cut -- from $160,000 to $100,000 in base pay plus a $25,000 bonus to pay down law school loans -- and they'll spend a good portion of their time attending classes with partners and shadowing them on client matters. The apprenticeship period will last two years. . . . Robert Ruyak, Howrey's managing partner, said associates will be doing far less client work, and when they do work on client matters it won't necessarily be billed to clients. "We really want them to focus on learning the skill they need to be first-rate litigators," Ruyak said.

CALIFORNIA  

Last Charge Against High-Profile Litigator Dropped (for Now Anyhoo)

By Amanda Bronstad | The National Law Journal | New York Lawyer

6-30-09 -- A federal judge on June 29 dismissed the final criminal count against Pierce O'Donnell, the lead attorney representing Hurricane Katrina victims in litigation against the U.S. Army Corps of Engineers. . . . O'Donnell, of O'Donnell & Associates in Los Angeles, was accused of reimbursing employees of his law firm and other individuals who gave $26,000 in campaign contributions to a committee supporting a presidential candidate, believed to be former U.S. Senator John Edwards (D-N.C.). . . . On June 8, U.S. District Judge S. James Otero of the Central District of California granted O'Donnell's motion to dismiss the first two counts on the ground that the Federal Election Campaign Act did not cover the reimbursement of contributions or indirect contributions. Federal prosecutors planned to appeal that decision to the U.S. Court of Appeals for the 9th Circuit.

DISTRICT OF COLUMBIA  

Womble Carlyle Faces Malpractice Suit

Jordan Weissmann, The National Law Journal

7-1-09 -- Womble, Carlyle, Sandridge & Rice is facing a legal malpractice suit from a Catholic radio broadcaster and education group that alleges mistakes by the firm cost it millions of dollars. . . . The North American Catholic Educational Programming Foundation alleges that Womble missed crucial deadlines and made other mistakes that caused the foundation to lose its bids for several telecommunications channels and new broadcast licenses. The bids were made in small markets, such as Eureka, Calif., as well as larger cities such as Las Vegas and Toledo, Ohio. . . . The foundation's complaint, filed last week at the U.S. District Court for the District of Columbia by a legal team from Zuckerman Spaeder -- including Mark Foster, Thomas Mason and Andrew Goldfarb -- names Womble as well as former Womble attorney Howard Barr as defendants. Womble's general counsel declined to comment on the suit, but a secretary at its Washington, D.C., office said Barr had not worked at the firm in more than a year. No new contact details for Barr could immediately be found.

LOUISIANA   

High court suspends BR lawyer

By Joe Gyan Jr., Advocate staff writer

7-1-09 -- A Baton Rouge lawyer who claimed a Gold Club stripper was driving his BMW when it broadsided another car, resulting in his second DWI arrest, has been suspended from practicing law for three years. . . . The Louisiana Supreme Court took Stephen J. Holliday’s 2001 and 2002 DWI arrests into account, as well as two other misconduct charges, in giving him the maximum suspension allowed. . . . In addition to the DWI arrests, Holliday was arrested on charges of simple criminal damage to property and violating a restraining order in 2001 after he allegedly smashed the windows of his estranged wife’s boyfriend’s truck with a shovel, the high court noted. . . . The final misconduct charge accused Holliday of failing to cooperate with the disciplinary investigation by unjustifiably invoking his 5th Amendment right against self-incrimination when asked how many times he had been arrested.

Judge, 2 lawyers charged in corruption case

Associated Press WXVT

7-1-09 -- Two attorneys have been charged with engaging in a scheme to pay a Louisiana judge for orders that allowed prisoners to be freed from custody. . . . State District Judge Wayne Cresap was arrested on corruption charges in April. . . . Federal charges filed Wednesday accuse attorneys Nunzio Salvadore Cusimano Jr. and Victor Dauterive of paying Cresap to convert prisoners' secured bonds to unsecured personal surety bonds.

MASSACHUSETTS   

Court Says 'Civil Action' Lawyer Had Right to Sue Fellow Attorneys

Sheri Qualters, The National Law Journal

7-1-09 -- Jan Schlichtmann didn't violate state law when he sued his fellow plaintiffs lawyers in a fee fight, a Massachusetts court ruled Monday. . . . But the ruling isn't likely to help Schlichtmann recover any money. . . . The lawyer, best known for his role in the case that inspired the book and movie "A Civil Action," had sued to try to recover $9 million in lost legal fees. He claimed that he lost the money when Nestle Waters North America Inc. backed out of a settlement to prevent a lawsuit against it for allegedly making fraudulent claims about the purity of its water. . . . Schlichtmann and his fellow plaintiffs lawyers had entered into an agreement with each other and several Nestle competitors to bring legal claims against the company. The lawyers also found a plaintiff for a consumer case. . . . When three members of the plaintiffs team pulled out to pursue their own separate cases, Nestle withdrew from the settlement. . . . The fee fight has already been decided: Schlichtmann lost on summary judgment. The case decided Monday involved whether he had the right to sue in the first place. . . . One of the lawyers targeted in the fee fight, Max Stern, of Boston-based Stern Shapiro Weissberg & Garin, said that Schlichtmann had violated Massachusetts' anti-SLAPP law (or so-called strategic lawsuits against public participation, which directly or indirectly threatens citizens' rights to petition the government) and filed an interlocutory appeal.

Former Bingham Associate Files Date Rape Suit
Against Firm

Brian Baxter, The American Lawyer

7-1-09 -- Months after a Massachusetts state agency dismissed a sexual harassment and retaliation complaint against Bingham McCutchen filed by a former associate, the firm has been slapped with a civil suit by Michelle Moor, who is seeking damages for allegedly being drugged at a holiday party by a Bingham staffer. . . . Courthouse News reports that Moor filed an 18-page complaint in Suffolk County Court in Boston last week alleging that she was drugged with Tegretol -- an anti-seizure medication that causes memory loss when mixed with alcohol -- while attending a lunch party with about 100 other Bingham employees at Lucia Ristorante & Bar in Boston's North End in December 2007. . . . The Am Law Daily reported on Moor's allegations in May 2008 when the former litigation associate claimed that during an office outing at another Boston restaurant called Grill 23 a month later, a litigation support employee told her that he liked to have sex with unconscious women and knew how to get "roofies," a slang term for the date rape drug Rohypnol. Moor also claims that at least one other female associate was drugged and raped by a Bingham employee the previous year.

MICHIGAN  

Paralegal at U.S. Attorney's Office suspended

Margaret Lucas Agius, Detroit Legal News Examiner

6-30-09 -- The Detroit News reports that a paralegal at the United States Attorney's Office is suspended after officials suspected she leaked confidential information to Detroit political consultant Sam Riddle while he was under criminal investigation. . . . U.S. Attorney's Office spokeswoman Gina Balaya said Monday that Wendolyn Greene, formerly Wendolyn Johnson, "is still an employee of this office." Beyond that, "we can't discuss her status at all," she said. Greene herself answered "no" Monday when asked if she still worked for the federal prosecutor's office in Detroit, where she was a paralegal in the special prosecutions unit.

NEW JERSEY  

NEW YORK  

Amherst attorney charged in attempted rape

Buffalo News

7-1-09 -- An attorney from Amherst has an Aug. 11 court date on attempted rape and two other felony charges following an incident two weeks ago at the home of a woman he knows. . . . Amherst police charged Philip R. Rothschild III, 46, with first-degree attempted rape, criminal sexual act, burglary, unlawful imprisonment and aggravated harassment after the June 17 incident, police said. He was arrested the next day.

Former Latham Partner Gets 15 Months in Prison for Defrauding Clients and Firm

New York Law Journal

6-30-09 -- A former partner at Latham & Watkins was sentenced Friday to 15 months in prison followed by three years of supervised release and ordered to pay a $10,000 fine and $350,000 in restitution to Latham for defrauding both clients and his own firm. . . . Samuel A. Fishman, 51, of Fairlawn, N.J., a mergers and acquisitions specialist in the firm's New York office from 1993 to 2005, pleaded guilty to a single count of mail fraud in March 2008. He faced a maximum sentence of 20 years in prison. . . . Fishman admitted that he had billed fraudulent expenses to clients by mischaracterizing some nonreimbursable costs, such as local meals and parking, as other reimbursable costs, such as photocopying and express mail, and had inflated other, otherwise reimbursable expenses.

PENNSYLVANIA  

Powell pleads guilty

By Michael Sisak, Staff Writer  

7-1-09 -- Robert J. Powell, the attorney and power broker behind the Luzerne County kids-for-cash corruption scandal, pleaded guilty today in U.S. District Court to charges of failing to report a felony and being an accessory to a conspiracy. . . . Powell, 49, did not speak as he walked from the courtroom to an elevator, escorted by a U.S. Marshal. His attorneys, Mark Sheppard and Joseph D'Andrea, also declined comment. Sheppard said his office will issue a brief statement later this morning. . . . Powell paid disgraced former judges Mark A. Ciavarella Jr. and Michael T. Conahan more than $770,000 in kickbacks for facilitating the development of two privately owned juvenile detention centers — Pennsylvania Child Care in Pittston Township and Western Pa. Child Care in Butler County.

TEXAS  

Alternative Billing Increasingly Important for Texas Firms, Survey Shows
Jeanne Graham, Texas Lawyer

7-1-09 -- Each Wednesday at noon Texas time, all of the lawyers in Susman Godfrey's five offices are invited to dial in to vote yea or nay on proposed cases that require alternative -- nonhourly -- billing. . . . Kenneth S. Marks, a partner in the firm's Houston office, says he was ready to vote thumbs up for a defense case in which the client would pay a fixed fee and a negative contingent fee, which is like a bonus. "There's a specific claim made against the potential client for a specific amount, and if we are able to resolve it for less than that, we get a percentage of the savings," Marks says. . . . As it turns out, the case proposed by Bill Carmody, a partner in the firm's New York office, would have created a conflict of interest for the firm so it didn't take the case, says founding partner Stephen D. Susman. But the hybrid fee arrangement of a fixed fee plus a negative contingent fee is representative of the kind of flexibility firms can use in alternative billing, he says.

Dallas County judges using cheaper defense
attorneys for the poor

Kevin Krause/ Dallas Morning News Reporter

6-30-09 -- Dallas County officials announced this morning during a budget session that the county criminal court judges are saving money by appointing fewer private defense lawyers to cases. . . . State and county studies have long shown that it's cheaper for counties to use public defenders rather than court-appointed attorneys. And in the misdemeanor courts, where most cases end with relatively easy plea deals, there's little reason not to tap public defenders. . . . The judges -- particularly in the district courts -- were initially slow to catch on to this concept.

Ryan Brown, the county budget director, said 10 of the 13 county criminal courts (aka misdemeanor courts) each have two public defenders. Brown said the result is very marginal court-appointed attorney costs.

June 27-June 29, 2009

GENERAL

U.S. Attorney Firings 'No. 1 on the Hit Parade' at House Judiciary Committee

Mike Scarcella, The National Law Journal

6-29-09 -- A House Judiciary Committee lawyer said Friday the committee has received a "pretty good number of internal White House memos" through an agreement with the White House amid the investigation of the firing of nine U.S. Attorneys in 2006. . . . The documents "do provide more information" about the controversial firing of the Republican-appointed U.S. Attorneys under then-Attorney General Alberto Gonzales, said Elliot Mincberg, chief counsel for oversights and investigations at the House Judiciary Committee, who spoke at a forum Friday on prosecution misconduct. . . . Mincberg said the documents produced through the agreement remain confidential (for now) but said on-the-record depositions of Karl Rove and former White House counsel Harriet Miers will be made public. Miers met with House Judiciary staff earlier this month behind closed doors, according to published reports. Mincberg declined to say when Rove is expected to be deposed.

John Rizzo: The most influential career lawyer in CIA history

John Rizzo, acting general counsel, has long guided the agency through murky legal matters, but he's paying the price for it.

By Greg Miller, Los Angeles Times

6-29-09 -- Reporting from Washington -- In his memoir, former CIA Director George J. Tenet described the agency's first course of action in a crisis. "Despite what Hollywood might have you believe," Tenet wrote, "you don't call in the tough guys; you call in the lawyers." . . . For more than three decades, that almost always has meant making a call to John A. Rizzo. . . . The acting general counsel at the CIA, Rizzo has guided generations of agency leaders on the legal contours of clandestine operations and the often-ensuing investigations. . . . At CIA headquarters, he is known for his eye-watering wardrobe -- with ties, cuff links and suspenders colored like scoops of sherbet. His legal approach, however, always accommodated shades of gray, earning him a reputation among spies as an ally who understood the murky morality of what they do. . . . When he retires this summer, Rizzo will go out as the most influential career lawyer in CIA history, having risen to the top of the agency's legal ranks while leaving his mark on classified programs from proxy wars in Central America to Predator strikes in Pakistan.

A Legacy of Litigation Survives the King of Pop

Amanda Bronstad, The National Law Journal

6-29-09 -- When pop legend Michael Jackson died on Thursday, he left behind multiple lawsuits that are pending against, and some brought on behalf of, himself and his production company, MJJ Productions Inc. . . . Lawyers handling those cases are spread across the country, managing everything from breach-of-contract disputes to employee claims to copyright infringement. It's unclear who would represent Jackson's estate in the litigation. . . . "I imagine this is going to be a very complicated engagement -- the competing claims, the uncertainty and who might owe what to whom," said Jerry Hawxhurst, a partner at Baker Marquart Crone & Hawxhurst in Los Angeles. Hawxhurst represents Julien's Auction House, which Jackson's company sued in March to stop the sale of more than 2,000 of his personal items at Neverland Ranch.

ARIZONA  

Police: Child Porn Linked To Attorney

Flash Drive Found In Busy Parking Lot

Omadelle Nelson, Reporter, KPHO.com

6-27-09 -- A Valley attorney was booked on suspicion of having child pornography on his computer. . . . David William Curtis Jr., 63, faces 10 counts of sexual exploitation of a minor, the maximum amount of charges a person can face for crime, said a Tempe police spokesman. . . . Police said an employee of Tempe Marketplace found a computer flash drive in a parking lot south of Harkins Theater at Tempe Marketplace. . . . Police said after the employee found the device, he took it home and put it in his computer and found several files with "images that depict the sexual exploitation of a minor." . . . “I’m Mr. Curtis,” replied Curtis Jr.'s father when he answered to the door to their Phoenix home. “I have nothing to say to you. Goodbye.”

DISTRICT OF COLUMBIA  

D.C. Circuit Upholds Dismissal of $50 Million Malpractice Suit Against Pillsbury

Mike Scarcella, The National Law Journal

6-29-09 -- A federal appeals court in Washington, D.C., Friday unanimously upheld the dismissal of a $50 million malpractice suit against Pillsbury Winthrop Shaw Pittman. . . . The U.S. Court of Appeals for the D.C. Circuit ruled that Capitol Hill Group's claims -- stemming from the work two partners performed in representing Capitol Hill Group in a zoning proceeding in the District of Columbia -- are barred by res judicata. . . . Chief Judge Royce Lamberth of U.S. District Court for the District of Columbia granted summary judgment in favor of the firm last year. . . . Capitol Hill Group had filed for bankruptcy in 2002 and retained Pillsbury. CHG also brought the firm in for representation before the District of Columbia Board of Zoning Appeals. CHG was involved in a dispute about the number of parking spaces at CHG's primary property, which is leased to a nursing home and to a hospital.

FLORIDA  

Does lawyer who bares sole have an ace in the hole?

By Frank Cerabino, Palm Beach Post Staff Writer

6-27-09 -- The holes in the soles of a lawyer's shoes have become a legal issue during a civil trial in the Palm Beach County Courthouse. . . . Defense lawyer Michael Robb has been showing up in Circuit Judge Donald Hafele's courtroom with a pair of black tasseled Cole Haan loafers that have visible holes in both soles. . . . "I've had pretty good luck with these shoes," Robb said. "They're comfortable and I wear them." . . . But they bothered the opposing lawyer, Bill Bone, who characterized the shoes in a court motion as part of Robb's trial strategy. . . . "Part of this strategy is to present Mr. Robb and his client as modest individuals who are so frugal that Mr. Robb has to wear shoes with holes in the soles," Bone wrote. "Mr. Robb is known to stand at sidebar with one foot crossed casually beside the other so that the holes in his shoes are readily apparent to the jury who are intently watching all counsel and the Court at that moment."

GEORGIA  

Disbarred Lawyer Says He's a Victim of Federal Fraud Suit

Greg Land, Fulton County Daily Report

6-29-09 -- Disbarred lawyer James S. Quay, the target of an injunction filed by the State Bar of Georgia earlier this month, said he's long since ceased advertising himself as an attorney, and that the Bar's action is actually the result of an outcry by the victims of an unrelated, multimillion-dollar Ponzi scheme orchestrated by another lawyer, and in which he was an unwitting participant. . . . That lawyer, Robert P. Copeland, pleaded guilty to federal wire-fraud charges in April and is free on $100,000 bond pending sentencing in July; Copeland was disbarred earlier this month. . . . Quay was not named in Copeland's criminal indictment, but he and the company he works for, Perimeter Wealth Management, are among more than a dozen individual and corporate defendants in a federal suit charging Copeland and his co-defendants with fleecing investors of more than $40 million in bogus securities.

INDIANA  

Light on lawyers

Think the Hoosier state brims with attorneys? Guess again—they’re comparatively scarce

Scott Olson, IBJ staff

6-27-09 -- If the country indeed has too many lawyers, as the knock on the profession suggests, Indiana may be exempt from the conversation. . . . Only North and South Dakota, Tennessee and Wisconsin have smaller proportions of lawyers within their working populations, U.S. Bureau of Labor Statistics figures show. In Indiana, 0.24 percent of the work force of 2.9 million are attorneys—one-third the concentration of New York’s. What does that say about Indiana? And more important, does it even matter that Indiana has so few lawyers? Prominent legal professionals attribute Indiana’s depressed ranking to a shrinking base of corporate headquarters and an exodus of law school graduates. A less-litigious climate and relatively low wages are thought to be factors, too. . . . As a result, Indiana may be missing out on many of the brightest young legal minds the state’s four law schools have to offer. And with fewer lawyers, the state’s push to provide free legal advice to the most needy may be falling short, they argue.

Wilder resigns as attorney for council, school board

Sellers: He'll continue to litigate cases he's handling at present

David.Mann, Evening News and Tribune

6-25-09 -- Larry Wilder, the attorney who was found by police sleeping in his neighbor’s garbage can last week after a night of drinking, has resigned as the Jeffersonville City Council attorney. . . . He also will quit as attorney for the board of trustees at Greater Clark County Schools, newsgathering partner WLKY-TV in Louisville reported today. . . . Jeffersonville City Council President Connie Sellers said Wilder resigned from his duties for the council Monday evening. A council meeting to discuss his situation was canceled early today.

MASSACHUSETTS   

Alleged fraud puts immigrants in limbo

Dozens of lawyer’s worker petitions denied

By Maria Sacchetti, Boston Globe Staff

6-28-09 -- Attorney John K. Dvorak was their passport to America. . . . Hundreds of immigrants desperately seeking legal residency poured into his Boston office, waiting for hours as the line curled out the door. In the Brazilian community, word had spread from cooks to bakers to seamstresses that Dvorak was the lawyer to know. They filled out piles of paperwork, paid thousands of dollars, and waited for green cards to arrive in the mail. . . . Now, eight years later, the US government has begun rejecting dozens of Dvorak’s clients, saying it found fraud, such as fake employment letters, in a significant number of cases, according to a copy of a rejection letter that lawyers say clients are receiving. The unexpected action is wreaking havoc from Maine to Cape Cod. Immigrants who plunked down hard-earned cash with high hopes of staying in America are now racing to other lawyers for help. . . . Those lawyers say dozens of immigrants with legitimate cases have been unfairly swept up in the federal government’s action. . . . As a result, lawyers say, hundreds of immigrants and their children now could be deported or have their families split up.

Law firm sued over allegations that include drugging

By Todd Wallack, Boston Globe staff

6-26-09 -- A former associate at Bingham McCutchen LLP sued the Boston law firm this week, complaining the firm brushed off her complaints that she was drugged by a co-worker at its holiday party in 2007. . . . The associate who filed the complaint, Michelle Moor, also alleged that a Bingham employee said that he enjoyed giving women date-rape drugs and having sex with them, but Bingham failed to fully investigate the allegations. Moor also said she was told a co-worker was drugged and raped by a Bingham employee the previous year. . . . Moor, 31, who left Bingham in February, 2008, previously made such claims in a complaint filed with the Massachusetts Commission Against Discrimination that same year. But Moor, who now works as an attorney at Kotin, Crabtree & Strong LLP, filed suit in Suffolk Superior Court after the state commission dismissed her complaint in April. She is seeking $155,000 in lost wages plus an unspecified amount for emotional distress and other damages.

MICHIGAN  

City to let discipline board talk to attorney

Privilege waived for inquiry into text message lawyers

By Zachary Gorchow • Free Press Staff Writer

6-26-09 -- The Detroit City Council waived attorney-client privilege for one of the city's lawyers Thursday so she can testify before a board investigating whether several attorneys should face professional discipline for their conduct in the text message scandal. . . . With the 5-2 vote, attorney Ellen Ha, who is the city's Freedom of Information Act officer, can answer questions from the Attorney Discipline Board about the city's handling of the Free Press' request for all documents pertaining to the city's $8.4-million settlement of police whistle-blower lawsuits. . . . Former Mayor Kwame Kilpatrick and his then-chief of staff Christine Beatty lied under oath during the trial about whether they had a romantic relationship and about the firing of a former deputy police chief. After the city lost a $6-million verdict in the case, the cops' attorney confronted the mayor's attorney with text messages showing Kilpatrick and Beatty had lied during the trial. The city agreed to settle for $8.4 million, but ripped up the agreement after the Free Press filed a FOIA request for all settlement documents.

MINNESOTA   

Married, unmarried couples deserve equal treatment, Minnesota State Bar Association says

Report promotes reforms for unwed

By Emily Gurnon, pioneerpress.com

6-27-09 -- Married and unmarried couples should be treated equally under Minnesota law, the Minnesota State Bar Association said in a unanimous policy vote by its general assembly Friday morning. . . . The group voted to approve the executive summary of a report by its Unmarried Couples task force. The next step will be for the task force to forward specific legislative recommendations to the various sections of the bar association, which may work with the Legislature to get them passed, said David Ahlvers, who co-chaired the task force. . . . "I believe the Minnesota State Bar Association, in approving this report, has taken a huge step forward toward equality in Minnesota," Ahlvers said.

Supreme Court reprimands Dakota County attorney

Joy Powell, Star Tribune

6-25-09 -- Dakota County Attorney James Backstrom was officially reprimanded Thursday by the Minnesota Supreme Court for his efforts to discourage public medical examiners from testifying as defense witnesses. . . . Backstrom last month apologized for his "lack of judgment" and said he accepted the proposed discipline, which was recommended by the Office of Lawyers Professional Responsibility after an investigation into his conduct related to a 2008 Washington County murder trial. . . . Backstrom sent e-mails to Dakota County Coroner Lindsey Thomas, objecting to one of her lieutenants testifying for the defense in the case of a mother accused of killing her baby. He said he'd consider withdrawing his support for her reappointment to the coroner post if representatives of the office continued serving as paid defense experts.

MISSISSIPPI  

Legal program for poor may see layoffs, cutbacks

Jimmie E. Gates • clarionledger.com

6-29-09 -- A program that provides volunteer lawyers to help low-income Mississippi residents with civil legal help could be forced to lay off staff and reduce services. . . . The economy has reduced funding for the Mississippi Volunteer Lawyers Project, which is a partnership between the Mississippi Bar and the federally funded Mississippi Legal Services. . . . In 2008, more than 10,000 people contacted MVLP offices last year with a legal issue. MVLP staffers and some 1,850 volunteer lawyers helped more than 8,178 people, said MVLP Executive Director Shirley Williams. . . . But Williams said she will have to lay off most of her 10-person staff unless other funding is found. . . . "Losing experienced staff and helping fewer people is no fun," Williams said. "We will get more calls from helpless individuals ... more than we would if the economy was fine."

NEW YORK  

Poverty Lawyer Finds Coverage Problems in ‘Travel Protection’

By Debra Cassens Weiss, ABA Journal

6-29-09 -- A poverty lawyer turned to a newspaper columnist after her parents discovered their “travel protection” plan wouldn’t give them a cruise refund, despite her father’s heart attack and later death. . . . Catherine Bendor’s parents had agreed to pay for a cruise costing nearly $10,000, and paid an extra $978 for travel protection, Bendor told the New York Times’ “Haggler” columnist. Mailings sent after the couple purchased the travel protection plan said they would not forfeit the cost of the cruise if they had to cancel for a covered medical reason; the fine print warned that any trip “refund” would be in the form of a credit for a future trip. . . . Bendor, a Harvard law grad and a lawyer with the National Law Center on Homelessness and Poverty, told the Haggler her mother wanted her money back. The columnist helped Bendor resolve the matter—details weren’t released. But the column questions whether such protection plans can be misleading—and also looks at the specifics of the sales tactics used in the case of Bendor’s parents.

NY Lawyer, Firm Can Represent Wife in Divorce Though Husband Consulted Them First

By Vesselin Mitev | New York Law Journal | New York Lawyer

6-29-09 -- A consultation with a law firm to "possibly" represent a husband in a divorce does not automatically bar the firm from representing the wife in the same case, a Long Island judge has ruled, especially if the consultation was solely an attempt to disqualify the firm. . . . "The blanket assertion that a consultation between a matrimonial attorney and a prospective client should result in a per se disqualification, is inaccurate," Supreme Court Justice Robert A. Ross of Nassau County held in Limprevil v. Limprevil, 200242-09, in ordering a hearing to determine the extent of the consultation. . . . Fred Limprevil, a substitute teacher, sued for divorce from his wife, Claude, who is a nurse, in May 2009. But approximately a year ago, he consulted with David Vallone of Gervase & Vallone, the Garden City law firm now representing his wife, to inquire whether they would represent him, according to the decision. . . . According to Mr. Limprevil, "there is clearly a conflict of interest and the only way to resolve same would be for [the firm] to be disqualified as my wife's attorney."

TEXAS  

Clark, Thomas & Winters Agrees to Pay Millions to Former Client

Mary Alice Robbins, Texas Lawyer

6-29-09 -- A double whammy hit Austin, Texas-based Clark, Thomas & Winters this month. On June 17, a Blanco County, Texas, grand jury indicted Bennie Fuelberg, former general manager of Pedernales Electric Cooperative (PEC), and Walter Demond, a former Clark Thomas shareholder who represented the PEC for two decades. Then on June 18, the firm agreed to pay the PEC a $4.1 million settlement, thereby avoiding a civil suit. . . . The two indictments obtained by the Texas office of the attorney general, which investigated and will prosecute Fuelberg and Demond, charge both men with misapplication of fiduciary property, theft and money laundering stemming from allegations of payments of PEC money to two outside consultants. . . . Attorneys for Fuelberg and Demond say their clients have done nothing wrong.

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June 25-June 26, 2009

GENERAL

Former N.J. Prosecutor Defends Contract for Ashcroft

David Ingram, The National Law Journal

6-26-09 -- The former U.S. Attorney for New Jersey told lawmakers Thursday that he did nothing wrong when he steered a multimillion-dollar contract to the firm of former Attorney General John Ashcroft. . . . Christopher Christie said during a House subcommittee hearing that controversy over the no-bid contract -- worth as much as $52 million -- has been exaggerated by Democrats looking to derail his bid as a Republican running for New Jersey governor. He said he recommended Ashcroft's firm for the job because he knew that Ashcroft was qualified and because there was no Justice Department process to put the contract out to bid. . . . Christie, telling lawmakers he had a train to catch, finally walked out of the hearing in frustration after two and a half hours. Democrats tried to get him to stay as television cameras followed him out.

Free-Riding Lawyers on the Obamacare Bus

By Gilbert Ross, M.D., American Spectator

6-26-09 -- This month, President Obama ventured into the lion's den of healthcare reform. He tried to cajole a reluctant American Medical Association -- and the physicians they represent -- to accept his push for more government-provided medical service. What he did not do, though, was offer to remove the largest thorn in physicians' paw: run-amok malpractice lawsuits.  . . . The President's stated goal is to get more Americans more healthcare at less cost -- which means getting multiple healthcare interest groups to pitch in and give up some of their traditional perks. Unfortunately, his pitch to the AMA offered only a pretense of concern for doctors' needs. Obama merely dangled a tort-reform carrot before the doctors -- and exempted the plaintiffs' bar from his general call for team play and mutual sacrifice.  . . . He specifically rejected capping damage awards for non-economic issues (i.e., "pain and suffering"). Such caps are the only medical malpractice remedy that reduces liability insurance premiums and decreases the need for the wasteful and inefficient practice known "defensive medicine." 

Weil's AIG Fees Could Exceed $25 Million, Filing Shows

Nate Raymond, The American Lawyer

6-25-09 -- AIG has no doubt been a boon to the coffers of the law firms advising the company throughout its divesture efforts. But how big of a boon has never come to light -- until now. . . . In a filing in the General Motors bankruptcy Tuesday (pdf), Weil, Gotshal & Manges disclosed that 3 percent of its revenue during the last 12 months came from AIG. The firm revealed the fees in the process of disclosing possible conflicts of interest in the GM bankruptcy. . . . Exactly what dollar amount that equals is unclear. But back-of-the-envelope math suggests the fees are at least $25 million to $36 million, if not more. . . . Here's the math. Weil's filing says Lehman Brothers made up 6.6 percent of its revenue in the last year. Weil has already submitted a $55 million bill for its work on the Lehman case between September 15 to January 31. A little cross multiplication, then, would put its AIG fees easily in excess of $25 million.

What's the Damage? Lawyers Line Up for Payment in Chrysler Case

Brian Baxter, The American Lawyer

6-25-09 -- Jones Day, Schulte Roth & Zabel and Kramer Levin Naftalis & Frankel have submitted applications for nearly $19 million in attorneys' fees in the Chapter 11 case of the company formerly known as Chrysler. . . . As we reported last week, Chrysler's bankruptcy docket now has a new name: Old Carco LLC. The company was a profitable one in May -- for bankruptcy lawyers, at least. (Hourly billing rates are listed parenthetically as available.) . . . Chrysler's bankruptcy counsel at Jones Day, which submitted bills for $18.5 million last month, sought an additional $12.7 million in fees and expenses for work its lawyers did for the Auburn Hills, Mich.-based automaker between April 30 and May 31.

Inspector general fired to avoid embarrassing Obamas?

Report cites his dedication to investigating AmeriCorps

© 2009 WorldNetDaily

6-24-09 -- A new report reveals that there is substantial evidence that Inspector General Gerald Walpin was fired from his post where he was investigating AmeriCorps funding to avoid embarrassment for President Barack Obama and his wife, Michelle. . . . The report is from Byron York at the Washington Examiner. On his blog, he wrote he interviewed a Republican member of the board for the Corporation for National and Community Service, the overseer for AmeriCorps, a favorite program for the Obamas. . . . The report said the board discussion was revolving around the St. HOPE program in California, which has been given hundreds of thousands of federal dollars and used it for, among other things, washing cars for Obama friend and Sacramento mayor Kevin Johnson. . . . The board member told York Walpin opposed an agreement that would require a return of only part of the allegedly misused money and leave Johnson open to receiving more federal dollars. . . . "Walpin told board members at the meeting that he wanted to issue some sort of public statement to the effect that there should be more investigation of the St. HOPE matter," York reported. . . . "He said, 'I feel so strongly about this that today I am going to issue a statement to the press calling for further investigation,'" the member said, York reported. "The board members all caught that."

CALIFORNIA  

East Bay lawyers convicted of manipulating immigration of asylum seekers

Mercury News Staff Report

6-26-09 -- Two immigration attorneys from the East Bay are among five men who were convicted Thursday by a federal grand jury in a long-running scheme to defraud federal immigration services by filing hundreds of false asylum claims from 2000 through 2004, according to the Department of Justice. . . . Manjit Kaur Rai, of Discovery Bay, Jagprit Singh Sekhon, formerly of Oakland, and a third lawyer specialized in representation of clients seeking asylum. . . . Rai, 33, and Sekhon, 42, had offices in Sacramento and San Francisco. Between the late 1990s and 2004, they filed hundreds of asylum applications with the U.S. Immigration and Naturalization Service and its successor, the U.S. Citizenship and Immigration Service, on behalf of clients who were primarily Indian, Romanian, Fijian and Nepali, the DOJ said. . . . Prosecutors said the defendants filed hundreds of asylum applications using fake stories of persecution that the clients had supposedly suffered in their home countries on ethnic, religious, or political grounds.

FLORIDA  

Lawyer Burton was 'one of best'

By Shannon Behnken, Brandon News and Tribune  

6-26-09 -- Prominent Tampa trial lawyer Glenn M. Burton died Wednesday, the same day Florida's governor decided to appoint him to the board of the Tampa Sports Authority. . . . Burton, 51, was driving back from a Florida Bar convention in Orlando when his heart stopped shortly after 6 p.m., said Nancy Burton, his wife of 28 years. . . . The two were on Interstate 4, near the Hard Rock Casino when Burton slumped over. His wife said the car was at full speed when she took control of the wheel, used her hand to press the brake and guided the car onto the grassy median. She and paramedics tried to perform cardiopulmonary resuscitation but were unsuccessful. . . . "Everyone who ever came in contact with Glenn remembers his whit, sense of humor and generosity," Nancy Burton said. . . . In addition to his wife, he is survived by his son, Glenn Mathew Burton Jr, 21. . . . Burton was a partner in the Tampa law firm, Burton, Beytin & McLaughlin. He was active in the Florida Bar and was chairman-elect of the Trail Lawyers Section of the Bar. He was to be named chairman this week and to officially take the position next week. . . . He graduated from the University of Florida in 1980 and from Stetson University College of Law in 1983.

ILLINOIS  

Unqualified Law Student Admitted in Exchange for Promise of 5 Jobs

By Molly McDonough, ABA Journal

6-26-09 -- The most prestigious Illinois public university took another hit to its reputation Thursday when it released e-mail messages that show an unqualified, but politically connected law student was admitted to the University of Illinois in exchange for a promise that other students would find gainful employment upon graduation. . . . The documents—released by U of I as part of an unfolding newspaper and state investigation of clout-heavy admissions at the university—show for the first time that favors were sought in order to accept unqualified students, aka "special admits," the Chicago Tribune reports. . . . One message shows that U of I Chancellor Richard Herman forced the law school to admit a student connected to now-impeached Gov. Rod Blagojevich. As part of the admissions deal, it was agreed that five other law school graduates would get jobs.

MASSACHUSETTS   

Yeah, That's the Ticket!: Online Law School Grad Who Sued to Take Bar Gets His License

By Sheri Qualters | The National Law Journal | New York Lawyer

An online law school graduate who sued the Supreme Judicial Court of Massachusetts for the opportunity to take that state's bar examination is now a newly minted Massachusetts lawyer. . . . The Boston Herald first reported that Ross E. Mitchell is the first Massachusetts lawyer with an exclusively online legal education. Mitchell was sworn in on June 22 and has 90 days to register with the Massachusetts Board of Bar Overseers, according to the court. . . . Mitchell, a Newton, Mass.-based independent computer consultant, said he views his legal credentials as "another tool in his consulting arsenal."

MISSISSIPPI  

Ex-attorney accuses fed prosecutors of misconduct

Associated Press, Picayune Item Published

6-25-09 -- An imprisoned former prominent Mississippi attorney wants his bribery conviction thrown out, with his lawyer on Wednesday accusing prosecutors of withholding evidence as in the botched case against former U.S. Sen. Ted Stevens. . . . Paul Minor was one of Mississippi’s most successful attorneys and was a big donor to Democratic candidates before being convicted on corruption charges in 2007. Minor has long said he was the target of a political prosecution by the Justice Department under Republican President George W. Bush. . . . Minor’s attorney, Hiram Eastland Jr., said he sent a letter to U.S. Attorney General Eric Holder, who was appointed after Democrat Barack Obama became president in January. Eastland said Minor’s case has striking similarities to the Stevens’ case. . . . “This is like the Stevens case on steroids,” Eastland told The Associated Press in a telephone interview Wednesday.

NEVADA  

9th Circuit OKs Suing Prosecutor Over DNA Sample

Evan Hill, The Recorder

6-25-09 -- A Las Vegas prosecutor and a police detective can both be sued by a former defendant for taking a sample of his DNA without a warrant, the 9th U.S. Circuit Court of Appeals ruled on Tuesday. . . . The 2-1 opinion touched on the scope of defendants' privacy rights when they have been arrested and charged but are still awaiting trial. It also addressed the lengths to which law enforcement officials can go to collect DNA. . . . "The warrantless, suspicionless, forcible extraction of a DNA sample from a private citizen violates the Fourth Amendment," Judge Sidney Thomas wrote for the majority in Friedman v. Boucher (pdf), 08 C.D.O.S. 7786. Thomas was joined by 3rd Circuit Senior Judge Jane Roth, who was sitting by designation.

NEW JERSEY  

Parsippany board's ex-attorney disbarred over corruption

Ex-counsel to planners pleaded guilty in '08

By Peggy Wright • Staff Writer

6-26-09 -- John J. Montefusco Sr., the former counsel to Parsippany's Planning Board who admitted guilt in a federal corruption case, has been disbarred by order of the state Supreme Court. . . . Montefusco voluntarily agreed to disbarment and that consent, made public Thursday, was accepted on June 4 by Supreme Court Chief Justice Stuart Rabner. . . . Montefusco, a Parsippany resident and attorney since 1966, pleaded guilty in February 2008 to mail fraud in U.S. District Court in Trenton. He first was suspended from practicing law on Feb. 21, 2008, after his guilty plea. . . . As the foundation of his plea, he admitted he made $26,000 by giving "official assistance" and easing the way in the planning process for a prominent developer, Edward Mosberg.

Essex County attorney admits to practicing law after having license suspended

by Jim Lockwood/The Star-Ledger

6-24-09 -- An attorney from Essex County who had his law license suspended three years ago pleaded guilty today to continuing to practice law, authorities said. . . . Andrew Kimmel, 65, of West Orange, whose office was in the Cedar Knolls section of Hanover, Morris County, was suspended from practicing law in May 2006 and pleaded guilty in Superior Court in Morristown to fourth-degree unauthorized practice of law, the Morris County Prosecutor's Office said. . . . In April 2008, the New Jersey Office of Attorney Ethics alerted the prosecutor's office that Kimmel did not end his law practice, despite being suspended by the New Jersey Supreme Court on May 26, 2006, for failing to cooperate with an attorney ethics investigation and being fined in August 2006 for contempt, authorities said. . . . Under the plea, Kimmel is likely to be sentenced to an unspecified probationary term, 300 hours of community service and psychological treatment, according to the prosecutor's office. Kimmel also consented to disbarment and to paying restitution, if applicable, authorities said. . . . The prosecutor's professional standards unit received a call in April 2008 that Kimmel had been suspended by the New Jersey Supreme Court for failing to cooperate with the ethics investigation. Despite being ordered by a judge to stop practicing law, and being fined for contempt for that, he didn't end his unauthorized law practice, authorities said.

NEW YORK  

Ex-Latham Practice Head Gets 15 Months in Client Expense Fraud Case

By Martha Neil, ABA Journal

6-26-09 -- In a sad day for a former partner at Latham & Watkins and his family, he has been sentenced to 15 months in federal prison after expressing contrition for bilking the firm and clients in a six-figure expense fraud in which he mischaracterized personal bills and nonreimbursable work-related costs. . . . Samuel Fishman pleaded guilty last year to one count of mail fraud in the Manhattan federal court case. His sentence also includes three years of supervised release after he completes his prison term, a $10,000 fine and restitution of $350,000, reports Dow Jones Newswires (sub. req.). . . . Fishman, who headed several practice groups and served as billing partner in a number of matters while working at Latham's office in New York, falsely claimed more than $200,000 in nonreimbursable costs, such as meals, parking and personal hotel bills, to be reimbursable client expenses, according to prosecutors in the case. He also allegedly sent bills to clients that padded actual expenses by more than $100,000, the news agency recounts.

Former Attorney Anthony Leonardo, in Poor Health,
Gets 15 Years

Reported by: Sean Carroll   

6-26-09 -- Defense attorney Anthony Leonardo, convicted of drug and money laundering was re-sentenced -- to 15 years in prison Friday, including time already served, so he has about 6 years left to serve. . . . The previous sentence was 16 years in prison. . . . Leonardo suffered a severe brain injury from an alleged fall in prison last year, which put court proceedings on hold. . . . He is now serving 16 years in federal prison, but a federal appellate court questioned the procedural validity of his plea agreement, prompting the need for a new sentence. . . . His attorney, John Parrinello, attempted to convince U.S. District Judge David Larimer that Leonardo should be released on home confinement to live with his parents, because of the severity of his head injury. He is now mentally retarded because of the alleged falls, and has a heart condition.

No Keepsies:

NY Leader Has to Cough Up $375,000 in Fees

By Sheri Qualters | The National Law Journal | New York Lawyer

6-25-09 -- Skadden, Arps, Slate, Meagher & Flom of New York has agreed to return $375,000 in legal fees that retailer the Sharper Image Corp. paid it shortly before the company filed for bankruptcy. . . . In its Delaware bankruptcy case, TSIC Inc., which is the Sharper Image's legal name, claimed that Skadden should return $1 million in fees paid to the law firm in the 90 days before the bankruptcy filing. The court approved the $375,000 cash settlement on June 22. In re TSIC, Inc., No. 08-10322 (Bankr. D. Del.). . . . Skadden countered that it wasn't legally bound to return the money, but that the upper limit of the Sharper Image's claims was $650,000 because its insurer had reimbursed the company $350,000. . . . Aside from the cash payout, the settlement also calls for the parties to release claims against each other, except for Skadden's prebankruptcy claim for indemnification for legal fees and litigation expenses for former company directors facing lawsuits related to their service as directors.

Felony Conviction Reversed due to Lawyer Who Slept During Trial

Judge finds solo practitioner did not provide client with 'meaningful representation'

Mark Fass, New York Law Journal

6-25-09 -- A Brooklyn judge has thrown out a felony weapons conviction after the defendant's attorney repeatedly fell asleep at trial, allegedly read magazines while witnesses testified and provoked laughter among the jurors with his "bizarre" opening statement. . . . Acting Justice Vincent M. Del Giudice ruled that the attorney, Manhattan solo practitioner Michael Harrison, did not provide his client "meaningful representation" as defined by New York case law. . . . "It is very unusual for this court to criticize a member of the bar and I am hesitant to do so in this opinion. This is a learned profession and I appreciate and enjoy watching members of the bar perform their craft," Del Giudice wrote in People v. Irizarry, 6676-2006.

TENNESSEE  

Unlicensed Lawyer Ordered To Stop Practice

Do Homework When Choosing Lawyer, Says Tenn. AG's Office

Reported By Marc Stewart WSMV

6-25-09 -- According to the Tennessee Attorney General's office, a Nashville man claiming to be a licensed lawyer isn't properly licensed and may be putting his clients at risk. . . . The Attorney General's office said Michael Sneed has been operating as an attorney even though his license was suspended in February after a long list of issues. . . . It's unclear exactly how many clients the one-time lawyer still has on his roster, but the attorney general fears they could be losing their money and their rights. . . . "He's continued to advertise himself as an attorney and schedule motions, file motions and act as an attorney," said Jeff Hill of the Attorney General's office. "He was supposed to notify his clients that he could no longer have their cases and find a home for those cases. He, to our knowledge, has not done that at this point."

TEXAS  

Court says no to attorney blame

Staff writer Sean Thomas, Amarillo.com  

6-26-09 -- The 7th Court of Appeals shot down Alfonso Demetrio Rodriguez's attempt to blame his guilty plea on his attorney. . . . Rodriguez pleaded guilty in 2006 to abandoning a child, kidnapping, unauthorized use of a motor vehicle, assault on a public servant and criminal mischief. . . . The charges stemmed from a 2006 incident in which Rodriguez was riding with another Amarillo man and the man's infant son. . . . The man left the car for about 10 minutes, and in the time, Rodriguez fled with the car and the man's son.

Local attorney disbarred

By John Tompkins, Brazosport Facts 

6-25-09 -- An attorney who repeatedly missed court hearings and was suspected at times of being under the influence when he did show up was disbarred on the grounds he mishandled a Brazoria County robbery case. . . . Shawn Roland Roberts, 39, who practiced law in Brazoria County, failed to properly inform client Vincent Goree Woodard about his aggravated robbery case and did not withdraw as Woodard’s attorney when Roberts was impaired, according to a judgment issued by the State Bar of Texas. . . . The judgment was issued May 22, but was not public information until 30 days passed, during which time the attorney can appeal, said Maureen Ray, special administrative counsel for the Office of the Chief Disciplinary Counsel. . . . Woodard, 24, was charged with beating and robbing an 85-year-old Holiday Lakes woman in her home and then stealing her truck in July 2007. . . . Roberts represented Woodard in the trial alongside attorney Shannon Baldwin. Woodard was convicted of aggravated robbery and sentenced to 50 years in prison. . . . The disbarment opinion states Roberts should have withdrawn as Woodard’s attorney because he was impaired and could not properly defend his client. The State Bar ordered him to pay Woodard’s mother $20,000. Roberts also must pay $9,486 in attorney’s fees to the State Bar of Texas.

Man sues divorce attorney over botched representation,
false billing

By John Suayan, Southeast Texas Record Galveston Bureau

6-25-09 -- Alleging his motion for a divorce was bungled from the start, a Galveston County man is suing his lawyer for more than $50,000 in damages. . . . Randal Mack Hall claims Houston attorney Guillermo De La Garza and his firm Bill De La Garza & Associates PC violated many aspects of a contract they entered on Nov. 1, 2005, for the case against Hall's wife. . . . The suit was filed on June 22 in Galveston County District Court. . . . Chief among the plaintiff's grievances are poor management of essential paperwork, misrepresentation, lack of communication and erroneous invoicing. . . . "The defendants wholly failed to properly handle the case and to move the matter toward a conclusion," the original petition says. . . . The plaintiff's assets and the value thereof were highly contested in the proceeding, according to court documents. . . . Hall explains that hundreds of documents from his personal accountant were given to De La Garza, but the defendant blatantly mishandled them.