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Law firm's failure to prosecute client's legal malpractice claims arising from bankruptcy case prompts litigation

SOUTHEAST TEXAS RECORD

Friday, November 22, 2024

Law firm's failure to prosecute client's legal malpractice claims arising from bankruptcy case prompts litigation

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HOUSTON – A Houston law firm is accused in a lawsuit filed on Nov. 10 of failing to prosecute a Montgomery County man’s legal malpractice claims, according to recent Harris County District Court records.

Stephen Morrow asserts that he hired Fabrega Hood, L.L.P., now known as Hughes, Arrell, & Kinchen, L.L.P., to represent him in litigation against Byrne, Maynard, & Parsons, but HAK did not present the aforementioned claims in a timely fashion.

BMP initially represented Morrow and his company, Cypresswood Land Partners, in bankruptcy proceedings. The bankruptcy judge later issued an order finding BMP, which is not a party in Morrow’s current case, in breach of its fiduciary duties to Morrow and Cypresswood and disgorging any fees paid to the firm.

Morrow then brought in HAK to lay a legal malpractice complaint on BMP.

Per the original petition, HAK waited until the all proceedings in bankruptcy were final before prosecuting. The time purportedly allowed BMP to successfully file a motion for summary judgment.

Morrow’s claims were dashed when the summary judgment was granted, court documents say.

Consequently, the plaintiff seeks unspecified monetary damages.

He is represented by attorney Brett Wagner and Ryan Smith of the law firm Doherty Wagner in Houston.

Harris County 234th District Court Case No. 2017-75853

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