The plaintiff in a legal malpractice lawsuit alleges that the Austin lawyer who represented him in an automobile accident claim refuses to turn over his settlement money.
Bill Chumley of Katy, Texas brings negligence, breach of contract, conversion, and money had and received causes of action against Carl Barry, of Barry Law Group.
Chumley alleges that Barry is “holding” money received from settlement of his case that belongs to him.
“The money belongs to plaintiff in equity and good conscience, as plaintiff was entitled to this money as part of this settlement,” Chumley alleges in the petition.
On Jan. 29 Barry declined to comment until he could read the petition, but he did not subsequently provide a response to the allegations.
In the petition in Chumley v. Barry, Chumley alleges that he hired Barry to handle his personal injury claim related to a motor vehicle accident with a drunken driver that occurred on May 27, 2012, in Travis County.
Chumley makes multiple allegations of
legal malpractice, including claims that Barry negligently investigated claims, negligently conducted settlement procedures and negotiations, negligently prosecuted the claim, negligently employed other counsel and consultants to assist, negligently distributed settlement funds, negligently kept him informed of the status of the case, negligently failed to disclose material documents and case files, and negligently failed to provide him with settlement correspondence and paperwork.
Barry is also “wrongfully withholding and exercising dominion and control” over his personal property, Chumley alleges, by failing to properly distribute the settlement money.
David Bergquist, of Bergquist Law Firm of Houston, who represents Chumley, did not immediately return a telephone message seeking comment.
Originally posted by Brenda Sapino Jeffreys on Texaslawyer.com.
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