David Yates Oct. 15, 2012, 3:18pm

A May trial has been set in a lawsuit alleging an attorney submitted a BP oil spill claim without the consent of his client.

In June, Nederland resident Maxie Nguyen sued Robert A. McAllister Jr. and Associates PC, alleging the law firm submitted a BP oil spill claim on her behalf without consent, taking attorney’s fees out of the award and asserted liens for damages.

Court papers say a show of cause hearing was set for Sept. 14.

Six days later, a discovery control plan order was entered in the case, setting the suit for a May 2013 trial.

The lawsuit alleges that on Jan. 24, 2010, the Eagle Otome Tanker collided with a barge, releasing approximately 462,000 gallons of oil into the Sabine Neches Waterway in Port Arthur. Nguyen contracted the Houston law firm to represent her for damages related to the incident.

On April 20, 2010, the BP Deepwater Horizon Oil Rig exploded. Nguyen did not sign a new contract with the firm or modify her existing contract.

“Upon information and belief, plaintiff alleges that defendant took the documentation provided as part of the Sabine Spill litigation and submitted them to the funds set up to compensate victims of the Deepwater Spill,” the suit states.

“Plaintiff was not informed and did not consent the defendant’s representation … for damages from the Deepwater Spill, prior to the submission of the documentation.”

The suit goes on to state that the firm did recover funds for Nguyen and took attorney’s fees out of the money and has since asserted liens against Nguyen’s recovery for damages related to the Deepwater Spill.

Nguyen is asking the court to declare that the firm is not entitled to any future settlement funds related to the Deepwater Spill.

Beaumont attorney Brent Coon is representing her.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A192-518

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