Plaintiff’s attorney Walter Umphrey, co-founder of the Provost Umphrey Law Firm in Beaumont, is suing Houston lawyer F. Kenneth Bailey Jr., alleging the man owes him $1 million.
The suit was filed July 24 in Jefferson County District Court.
According to the lawsuit, on Feb. 27 Umphrey loaned Bailey $1 million.
“On June 2, 2013 Umphrey made demand upon Bailey to pay the note,” the suit states. “Bailey attempted to make payment by issuing … a check.”
On July 15 the check was deposited and CommunityBank notified Umphrey that Bailey’s check was returned for non-sufficient funds.
Under the terms of the note, if the note is placed into the hands of an attorney for collection, Bailey agrees to pay “reasonable attorney’s fee in the amount of 10 percent of all amounts due,” the suit states.
Umphrey is seeking a $1 million judgment, interest, court costs and attorney’s fees.
PU attorney Michael Havard represents him.
Bailey is attorney for the Houston firm Bailey Perrin Bailey.
According to the firm’s website, Bailey Perrin Bailey is a large civil litigation law firm.
“Our firm’s expertise includes representing victims in every type of personal injury and civil related lawsuit,” the site states. “We have a vast amount of experience in cases involving asbestos exposure, other toxic exposure, business fraud, serious personal injuries, plant explosions, offshore injuries, products liability, defective drug litigation and various other types of civil litigation.
“Throughout our careers, we have achieved many legal victories on behalf of our clients against some of the biggest companies in the world including Phillips Petroleum, British Petroleum, Owens Corning, Dow Chemical, Wyeth Pharmaceuticals, Eli Lilly, Metropolitan Life, Shell, Exxon and Halliburton to name a few.
“One of our partners was a name partner in one of the five firms that represented the State of Texas against the tobacco companies in 1997, that ultimately led to the largest civil settlement in U.S. history.”
Judge Donald Floyd, 172nd District Court, is assigned to the case.
Case No. E194-559