Insurance Law

Provost Umphrey firm not disqualified, provided they meet conditions set by Judge Senter

By David Rossmiller

Judge Senter's opinion is here.  The Provost Umphrey firm in Texas, which had been recommended to policyholders by the disqualified Katrina(less) Litigation(less) Group, will not itself be disqualified, providing that within 14 days they can say the following is true:

1. There is and will be no agreement between Provost Umphrey and any of the disqualified attorneys for a division of fees or any other arrangement of any kind for the payment of compensation to any of the disqualified attorneys for work performed after the date of my order of disqualification;

2. Neither Barrett nor any of the disqualified attorneys will participate, directly or indirectly, with Provost Umphrey in the future representation of these former clients; and

3. There is and will be no financial arrangement or understanding in connection with any Katrina case between Provost Umphrey and any of the disqualified attorneys for the payment of any sums other than expenses reasonably incurred before April 4, 2008, and for services rendered before April 4, 2008, on a quantum meruit basis, if a right of
recovery for these sums were asserted and established.

Hat tip: Phunk & Wagnalls, and several readers who sent me tips on these developments. 

Full post as published by Insurance Coverage Law Blog on June 12, 2008 (boomark / email).