I don't even know where to begin: http://www.chron.com/disp/story.mpl/front/6062206.html Two brothers who successfully sued Harris County and the Sheriff's Office for false arrest are now suing the attorney who represented them in that case. Erik and Sean Ibarra filed suit Wednesday in a Harris County court, accusing Lloyd E. Kelley of breach of contract. The brothers are disputing the amount of expenses Kelley incurred and that he wants them to pay. "They feel like they are being victimized by their own lawyer trying to charge more," attorney Randy Sorrels said today. Kelley said that he had not been served with the lawsuit and knew about it only because Sorrels, the brothers' new attorney had called him. The brothers received a $1.7 million settlement earlier this year. Kelley asked the court for $2.2 million in legal fees, but was awarded $1.4 million. Kelley said he had $300,000 in expenses, but a judge approved only a reimbursement of $51,000. The remainder of the expenses, according to the contract signed by the brothers and Kelley, says the brothers must pay the expenses. "I expect to be reimbursed, and I'm entitled to be paid from their settlement," Kelley said. "When you're getting $1.7 million for one night in jail, and one (brother) had two nights in jail, is phenomenal. They didn't pay one dime over the last six years and they don't want me to get reimbursed for those expenses. That is ingratitude." The lawsuit says Kelley filed paperwork with the court showing $130,000 in expenses, not $300,000. The lawsuit filed says Kelley distributed $400,000 to each brother but has refused to distribute the remaining $900,000 of the settlement. Kelley says he gave the brothers the remainder of their settlement, but Sean Ibarra returned the check. Despite recovering $1.4 million in attorney's fees, "this amount was not enough for (Kelley)," the lawsuit says. Kelley has submitted a letter to the brothers asking for $256,311 for expenses "over $120,000 more than originally disclosed to either the plaintiffs or the court." The lawsuit says Kelley should have subtracted the court's award from the $130,000 in expenses he presented to the court. Instead, Kelley is now demanding the brothers pay $256,311 out of their share of the settlement. A supplemental page of expenses filed by Kelley show $95,000 paid to attorney Tammy Tran for jury consulting and $20,000 to community activist Quanell X for organizing a rally in front of the courthouse, Sorrels said. "Those expenses were incurred without the knowledge or consent of the plaintiffs and were done to enrich either defendant or his accomplices," the lawsuit says. Kelley said the brothers believe that, since the court did not approve Kelley's expenses, they shouldn't have to pay them. "They think that if the court didn't approve, then I can't charge it. That's not true," he said. Kelley said that, during the six years he worked on the case, he had to hire experts for reports and pay for deposition time. "My agreement says the client has to pay all of that from (their) portion," he said. The brothers filed a federal lawsuit after being arrested in January 2002 when one of them photographed sheriff's deputies conducting a drug raid at a neighbor's home. The brothers said the deputies stormed into their home without probable cause, drew their guns, arrested them, seized their cameras and confiscated or destroyed their film. The Ibarras eventually were cleared of all criminal charges. They sued Harris County, the Sheriff's Office, Sheriff Tommy Thomas and four deputies involved in their arrests. The Ibarras' lawsuit led to District Attorney Chuck Rosenthal's downfall by exposing romantic e-mails he had sent to his executive secretary. Rosenthal resigned in February. The brothers settled their lawsuit when the county agreed to pay them without admitting liability or fault.
It sounds like the brothers got greedy and perhaps so did the lawyer. Why the hell don't they spit the difference? Interesting. Especially on the $95k to the jury consultant and the $20 k to Quannel X to put on a demonstration. I wonder if Quannel X forked out cash to the demonstrators.
I realize this will sound self-serving as an attorney...but it sounds like they signed a contract agreeing to pay expenses...they won the case...and now they aren't so interested in paying the expenses they agreed they would pay. Had they lost, this attorney would have been paying those expenses entirely on his own.
well they are saying they were unaware of the supplemental expenses, but if those expenses were actually paid by the lawyer to help them win, seems like they shouldn't have a huge issue with them
This is pretty common in my experiences. Clients always moan and complain about expenses. All they want is their check and you (the attorney) should pay the costs no matter what the contract says. Sounds like Mr. Kelly's book keeping needs some work. From today's paper, he doesn't know which bills are paid and which are outstanding.
I thought that line was priceless. He spends six years argueing that compensation of this sort is absolutely justified for the wrong inflicted on his client.....and then implies here it's like a lotto win. I don't see a problem challenging expenses if you don't think they are reasonable.
I agree, I thought that line was odd also, kind of validates the opposition to his work. I don't know if it makes a difference to you, they're not challenging expenses as much as the fact they weren't informed of them.
I don't do much contingency work at all...it's just not my client base. But I would imagine that guys who do that work have to hire experts all the time...and I'm guessing those engagement agreements give them lots of leeway to do what they think needs to be done to win...particularly considering they have to pay them on their own if they don't win the case.
^^^I wasn't saying I agree with these guys, just that's what they're saying. I do think that if they weren't informed I would believe they have the right to be upset.
Sounds like the people (taxpayers) of Harris County are paying a lawyer and two brothers WAY too much money for a combined 3 nights in jail, even in the lawyers own verbage he describes this as a huge payout for little remorse. Just remember that a portion of that Harris County Property tax you pay this year is going to these folks.
