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Legal Malpractice Law Keyed to Fortney, 3rd Ed.
Burrow v. Arce
Citation:
997 S.W.2d 229 (1999)Facts
In 1989, explosions at a Phillips 66 chemical plant killed 23 workers and injured hundreds of others, resulting in numerous lawsuits. Five attorneys (David Burrow, Walter Umphrey, John E. Williams, Jr., F. Kenneth Bailey, Jr., and Wayne Reaud) and their law firm represented approximately 126 plaintiffs in one suit. The case settled for approximately $190 million, with the attorneys receiving a contingent fee exceeding $60 million. Subsequently, 49 of these plaintiffs filed suit against their former attorneys, alleging professional misconduct including soliciting business through a lay intermediary, failing to investigate individual claims, failing to communicate offers and demands, entering into an aggregate settlement without client approval, agreeing to limit their law practice, and coercing clients into accepting the settlement. The plaintiffs sought forfeiture of all fees received by the attorneys. The attorneys denied any misconduct and claimed the plaintiffs were motivated by rumors of larger settlements received by others.
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