April 13, 2009 11:18 AM
MoFo Sued for Malpractice; Firm Denies Charges
Posted by Zach Lowe
The Am Law Litigation Daily has the latest example of a client suing a firm--Morrison & Foerster this time--for malpractice and breach of fiduciary duty linked to alleged overbilling, a claim MoFo argues is an attempt by the company to get out of paying the firm millions in legal fees.
The company, Ecast, is seeking damages to make up for $4.8 million it paid MoFo in legal fees, according to the Lit Daily's Ben Hallman. In its complaint, filed last week, Ecast says counsel that took over the case from MoFo in 2007 noticed "some real deficiencies" in MoFo's work, and that MoFo partner Gerald Dodson shifted a lot of that work to nearly 50 attorneys, despite having promised to take the lead himself. And Ecast had previously informed Dodson that one of those 50 lawyers--partner Erica Wilson, who left with Dodson for Goodwin Procter in 2007--was not wanted on the case.
It gets more interesting: Ecast is also suing the firm that took over the case when Dodson and Wilson left MoFo. The company wants the $2.65 million it paid to San Jose-based Beck, Ross, Bismonte & Finley,
MoFo released a statement saying the claims are baseless, and that Ecast has been delinquent in paying its bills.