Morgan's nonsuit motion contains apology to Jamail

Marilyn Tennissen Dec. 21, 2008, 3:23pm

John Morgan

One local attorney has apologized in writing to another local attorney he alleged had acted unprofessionally while handling his divorce.

As the Southeast Texas Record reported, attorney John S. Morgan filed for an emergency restraining order, temporary injunction and permanent injunction against G. Michael Jamail, who had been representing Morgan in divorce proceedings.

But only days before his divorce became final in late October, Morgan fired Jamail and filed a complaint Oct. 24 claiming Jamail divulged confidential information.

About two weeks later, Morgan requested the suit be dropped. On Monday, Dec. 1, Judge Gary Sanderson, 60th Judicial District, signed an amended order, officially nonsuiting the case.

"Because I now realize and understand that I was fully and adequately represented by Mr. Jamail, I am asking that the court dismiss with prejudice the case in its entirety," Morgan wrote to Sanderson in a motion to nonsuit.

In Morgan's amended motion, he retracts all of the allegations against Jamail.

"I now admit that Mr. Jamail did not violate any ethical obligation to me, and I apologize to him for making the allegations in my Petition …," he wrote.

He also took back any statements in the petition "that directly or indirectly insinuate that Mr. Jamail did anything unethical or wrong during the course of his representation of me in my divorce proceeding."

Morgan also apologizes to another man he claimed was facilitating Jamail's intended breach of privilege.

Morgan's unpleasant divorce proceedings from Kathleen Winslow had been going on for most of 2008.

Ten days before his divorce became final on Oct. 27, Morgan fired Jamail, who had been representing him for the past year -- replacing him with attorney Debra Wester, court papers show. Morgan claimed Jamail refused to sign the motion to substitute counsel.

Jamail appeared at an Oct. 17 hearing, where he made statements in front of the presiding judge, Randy Shelton. Morgan claimed Jamail had no authority to speak on his behalf because he had already terminated Jamail.

Prior to the hearing, Morgan said Jamail was cursing at him in front of Wester and others and "sought to breach attorney-client privilege and spread confidential information and attorney-client information regarding Mr. Morgan to others."

Morgan hoped to silence Jamail's unwelcome comments by filing the request for an emergency restraining order. However, the order was never signed.

Case No. B182-583

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