HOUSTON - The 14th Court of Appeals recently found that a trial court abused its discretion in denying motions to compel arbitration in a legal malpractice claim.
In May 2019, Sheri Allen Dorgan filed suit against Mark Lanier and The Lanier Law Firm and Charles Herd Jr. and the Herd Law Firm, alleging that her claims in an oil spill case were dismissed because of the defendants’ negligence, court records show.
Dorgan asserts she was injured as a result of the BP Deepwater Horizon oil-well leak. She hired Lanier Law to represent her in 2014, entering into an agreement with the firm that contains an arbitration clause.
Court records show that in 2018 Herd left Lanier Law and that the firm and Herd sent a letter to Dorgan indicating that they would like to continue representing her and work on the oil spill case together. In November 2018, Dorgan executed a power of attorney and contingent fee contract with Herd and his firm.
On July 7, the 14th Court concluded that the arbitration agreement was enforceable, not superseded, the claims asserted were within the scope of the provision, and Dorgan did not meet her burden to prove unconscionability.
“We agree with appellants that appellee has not shown that the Herd Agreement clearly and unequivocally revoked or superseded the Lanier Agreement and the arbitration provision therein,” the opinion states. “We conclude that under the facts, circumstances, and evidence presented herein the Herd and Lanier Agreements can be read harmoniously, and that the arbitration provision was not superseded or revoked.”
Case No. 14-19-00926-CV