By Jeremy D. Wells
Carter County Times
A prominent Carter County attorney has filed suit against a former associate for allegedly poaching a client in a case that eventually settled for more than $1 million.
Olive Hill attorney Michael Fox filed suit in September against Jason Greene, alleging that after Fox directed Greene in securing a client and working his case for the law firm, Greene took the work – and the client – to a competing law firm.
According to Fox’s complaint, in late June a client, “retained Fox Law Office to represent him in connection with a motor vehicle accident case.” The complaint alleges that Fox was responsible for obtaining the matter related to the case, and that after doing so he directed Greene to send the client a letter, on Fox Law Office letterhead, welcoming him as a client.
Greene – who the complaint notes had been admitted to the bar only two months prior – was attached to the lawsuit in part to “assist (Greene) in his young legal career,” Fox’s complaint claimed, “under the supervision and authority of Fox Law Office.”
Despite this, Fox’s lawsuit alleges, Greene, “without the knowledge, permission, or authority of (Fox)… transferred or referred the Sloas matter to attorney Brandon Hamilton of Hamilton Law Group.”
Following that, Greene, according to Fox’s complaint, “in tandem with Mr. Hamilton, settled the (client’s) matter for an amount in excess of $1,000,000.00.”
His lawsuit against Greene alleges that Greene, “wrongfully withheld and/or converted attorney’s fees owed to (Fox Law Office).”
The complaint then goes on to accuse Greene of five counts of illegal conduct, including; breach of contract, unjust enrichment, conversion, and embezzlement/fraud, with a fifth count asserting the law firm’s rights to collection as a creditor.
The suit alleges that Greene was in breach of contract by acting beyond the scope of his authority, “transferring the Sloas matter without authorization, settling the matter without permission from Plaintiffs, and withholding attorney’s fees rightfully belonging to Plaintiffs.”
The unjust enrichment allegation stems from Greene’s “retention of… attorney’s fees” in relation to the case, as does the conversion charge, which Greene is alleged to have illegally converted from Fox Law Office to himself. This, the suit alleges, was “inconsistent with Plaintiff’s rights of ownership,” and resulted in the Plaintiffs having, “been damaged in an amount equal to the value of the converted attorney’s fees.”
The embezzlement/fraud allegation stems from claims that the Fox Law Office originated and rightfully owned this client’s matter, that Fox, “entrusted the handling of the case to (Greene),” and that Greene then, “knowingly, intentionally, and by design appropriated the (client’s) case and the associated attorney fees for his own financial gain as opposed to the benefit of Fox Law Office for which the case was originally entrusted to (Greene).”
The final allegation asserts that “by virtue of the contractual relationship and (Greene’s) participation in (the client’s) matter under Fox Law Office’s authority, (Greene) became indebted to (Fox Law Office) for attorney’s fees earned from said matter.” It then states that despite request to remit the same, the debt is still “due and owing,” asserts the Plaintiffs’ right to collect the debt, and asserts that the, “Defendant’s failure to pay the debt constitutes a default, entitling the Plaintiffs to immediate payment of the full amount owed.”
Though the complaint was filed in early September, according to the dates recorded on the complaint, further court proceedings in the matter remain to be scheduled.
Contact the writer at editor@cartercountytimes.com
