Lawyer claims Dugas owes him referral fee

Kelly Holleran Feb. 10, 2011, 4:27am

An attorney claims he lost 25 percent in referral fees after referring a family member to a Beaumont lawyer.

Benjamin Cain Terry filed a lawsuit Feb. 1 in Jefferson County District Court against Clay Dugas, doing business as Clay Dugas and Associates.

Terry claims he referred a family member to Dugas to handle a medical malpractice claim. As part of the referral, Dugas agreed to pay Terry a 25 percent referral fee, according to the complaint.

Subsequently, a portion of the defendants settled the claim, and Terry received the referral fee. The remainder of the claims were settled in April, but Terry received no referral fees from the April settlement, the suit states.

"As a result of the Defendant's breach of contract, as set out in the preceding paragraphs of this petition, the plaintiff has sustained financial harm and has lost the benefits expected to be received from the contract if the defendant had performed as promised," the complaint says.

In his complaint, Terry seeks general damages, pre- and post-judgment interest, attorney's fees, costs and other relief the court deems just.

John Werner of Reaud, Morgan and Quinn in Beaumont will be representing him.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B189-295

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