BEAUMONT – The area law firm Reaud Morgan & Quinn has been sued for legal malpractice, hit with a lawsuit accusing RMQ and one of its attorneys of negligently failing to file a claim.
Originally, plaintiffs Matthew and Christine Smith filed suit against the Beaumont firm and attorney Curtis W. Leister on Dec. 23 in Williamson County District Court – the jurisdiction where the couple currently resides.
Court records show the case was transferred to Jefferson County in early August.
According to the lawsuit, during the summer of 2013 RMQ and Leister agreed to represent the Smiths in regards to a helicopter crash that transpired on Jan. 12, 2009.
The defendants allegedly misrepresented to the Smiths that they would file a claim on their behalf as part of an already existing lawsuit in which the firm was acting as counsel for other plaintiffs aboard the helicopter or file an independent lawsuit.
“Based upon the affirmative misrepresentations by defendants, the plaintiffs actively believed that defendants were going to and/or were already prosecuting their claims,” the suit states.
“Although defendants affirmatively represented to plaintiffs that their claims were being actively pursued, defendants never filed a lawsuit for the benefit of plaintiffs, and the statute of limitations expired.”
As a result, the Smiths lost the opportunity to prosecute their claims.
RMQ and Leister are accused of breaching their fiduciary duty of scrupulous honesty and violating the Texas Deceptive Trade Practices Act.
The Smiths are suing for actual and treble damages, plus attorney’s fees.
They are represented by Geoffrey Courtney, attorney for the San Antonio law firm Clemens & Spencer.
Judge Kent Walston, 58th District Court, has been assigned to the case.
Case No. A-198802