Laws In Texas

Two Texas Lawyers Submit Themselves Into a Legal Malpractice Lawsuit

The former client alleges the lawyers disclosed more than they should have, and then opposing counsel signed up more plaintiffs to sue the company.


Update, Mar. 1, 2020: Case removed from state to federal court.

Update: May 21, 2020: Case Non-suited

Update: May 26: Case refiled in state court.

Update Nov 13: Case setting for 30 Nov. re Attorney Fees.

Update, Nov. 13, 2020: It looks like Connor Kelly is the first casualty as his bio has been removed from his law firm’s website.

Two Texas Lawyers Accused of Accidentally Helping Opposing Counsel Sign Up More Plaintiffs to Sue Client

The former client alleges the lawyers disclosed more names in discovery than they should have, and then opposing counsel signed up more plaintiffs to sue the company.

June 22, 2020

Houston attorneys Kerry Notestine and Conor Kelly have denied all the allegations in a legal malpractice lawsuit that alleged they made a mistake in discovery that cost their oil and gas services company client lots of money.

The allegations help remind attorneys to closely review discovery materials before sending them to opposing counsel.

“Our official position is the claims are without merit. We are going to vigorously defend the claims,” said Jeffrey W. Hellberg Jr., partner in Wick Phillips Gould & Martin in Dallas, who represents the defendants.

Notestine is a shareholder and Kelly is an associate in Littler Mendelson in Houston. The same plaintiff, New Tech Global Ventures, a global oil and gas services firm, sued Littler Mendelson and a Pittsburgh shareholder there in November 2019.

Hellberg said the case against the law firm was dismissed in late May, and a week later, New Tech sued the two individual lawyers.

In an answer on Friday, Notestine and Kelly argued that the plaintiff sued them outside of the statute of limitations, and also that New Tech contributed to its own alleged damages. They say the company sued the wrong parties.

New Tech’s new lawsuit, filed May 26 in Harris County District Court, is very similar to its old case. The company alleges that the lawyers represented them in underlying litigation by an employee who brought Fair Labor Standards Act claims for himself and other similar “well site” supervisors.

In discovery, Notestine and Kelly were supposed to give plaintiffs counsel a list of names of other well site supervisors. New Tech alleged the lawyers also provided hundreds of names of “completion” supervisors.

Next, the plaintiffs lawyers signed up additional completion supervisors as plaintiffs.

In the new legal malpractice litigation, New Tech seeks to recover $180,000 it paid the lawyers, plus the money it spent on new lawyers who it said fixed the errors, and arbitration fees spent on the additional claims from completion supervisors. Among other damages, New Tech is asking the court to award all the settlement money it had to pay for the extra cases that came from the discovery disclosure.

Plaintiffs attorney Steven Duble of Houston didn’t immediately return a call or email seeking comment.

Attorney Lawrence Ordower Objects to $10.2M Jury Verdict for Legal Malpractice in Illinois

A former client and real estate investor alleged he was swindled in a real estate deal by his own lawyer. The jury believed the investor.

Be Warned: There’s A High Risk Your Uninsured Lawyer May Steal Your Cash

LIT Recommendation: In real estate transactions clients can deposit their escrow funds with a title insurance company, bypassing a lawyer’s escrow account.

Lawyer Stephen Snyder Who Attempted to Extort $50 Million from UMMS is Facing Maryland’s Attorney Grievance Proceedings

Hospital officials filed a complaint against Snyder with the attorney grievance commission in January 2019. That resulted in this disciplinary action.

A Texas Judicial Candidate Nominee, Now Judge, is Charged with Evading Service of Process in Legal Malpractice Suit

Texas Malpractice lawyer Colb says his process server tried to serve Garza multiple times, but she failed to call the process server back to accept service.

The Swiss Verein Law Firm Dentons ends Up Being Carved Up by a few Judges Armed and Skilled using Swiss Knives

If you represent yourself to the public as Dentons, then you will be held accountable as Dentons whether you have a Swiss verein structure or not.

Who is Goodwin Procter Lawyer Alexis Susan Coll-Very?

When she wasn’t rocking it with her husband, Alexis Coll-Very was making a lot of noise for all the wrong reasons in a mega legal malpractice suit.

Two Texas Lawyers Submit Themselves Into a Legal Malpractice Lawsuit
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