Fee dispute between attorneys rises out of tobacco litigation ashes

Beaumont plaintiff’s lawyer Brent W. Coon and lawyers he hired to represent him in litigation against his former firm, Provost★Umphrey Law Firm, say they are trying to resolve a fee dispute.

On Nov. 28, 2012, Taylor Dunham of Austin and Austin lawyer Joe K. Longley filed a breach of contract suit in the 53rd District Court in Travis County against Coon, Brent W. Coon, P.C. and Brent Coon & Associates, alleging the defendants owe them a total of $240,000.

The plaintiffs allege in the petition filed in the 53rd District Court in Travis County that the defendants entered into an agreement in 2010 to pay the plaintiffs $10,000 each on the first day of each month, beginning on Sept. 1, 2010 through Aug. 1, 2011 for “outstanding legal fees and expenses.” However, Taylor Dunham and Longley allege the defendants have failed to pay them anything.

In Taylor Dunham LLP, et al. v. Brent W. Coon, et al, they seek the $240,000, special and exemplary damages, interest, attorneys’ fees and costs.

David E. Dunham, a partner in Taylor Dunham who represents his firm and Longley in the suit, declines comment except to say, “I have been in touch with Mr. Coon’s lawyers and we are hopeful that steps are going to be taken here immediately to work this out,” Dunham says.

Kent Alsuler, a shareholder in Nathan Sommers Jacobs in Houston, who represents Coon and his firm, says Coon “considers this to be a personal matter” and is hopeful it can be resolved “behind the scenes.”

In an original answer filed on Jan. 4, Coon and his firm generally deny the allegations and seek a take-nothing judgment. They also seek a change of venue to Jefferson County, because Coon and his firm are based in Jefferson County and the “Tri-Party Agreement that is subject matter of this lawsuit…arises out of a lawsuit that was filed in Jefferson County.” That suit is Provost ★Umphrey Law Firm L.L.P. v. Brent W. Coon, et al, according to the answer.

Alsuler says the underlying litigation relates to fees from the state’s tobacco litigation.

―By Brenda Sapino Jeffreys