Texas appeals court reopens fee dispute involving disbarred lawyer
The court found insufficient evidence to support a law firm's defence against claims for fees from seven referred client cases.
A Texas appeals court on November 5 reversed a lower court's decision in a dispute involving R Kent Livesay, a former attorney seeking fees and expenses from two law firms. According to the Times of India, the Texas Fourteenth Court of Appeals found that the firms had not provided enough evidence to prove that Livesay was legally barred from receiving payment for work completed before his licence was revoked.
The dispute involves Livesay and his professional corporation, the Law Office of R Kent Livesay, PC, against Kaster, Lynch, Farrar & Ball, LLP and Farrar & Ball, LLP. Livesay had referred seven personal injury cases to the firms before his licence was suspended in January 2017 and later revoked by the Texas Supreme Court on July 6, 2018.
Livesay filed a lawsuit in 2022 seeking payment for breach of contract, unjust enrichment, and other claims. The law firms argued that paying him would violate professional conduct rules and a Texas Supreme Court order, and that he had not completed his responsibilities before losing his licence.
The appeals court noted that an affidavit from founding partner Kyle Farrar, which claimed settlement checks were issued after Livesay's disbarment, was insufficient because it did not establish his personal knowledge of the transactions. The court also stated that the Texas Supreme Court's revocation order did not automatically prevent a disbarred attorney from recovering fees for work finished while licensed.
The ruling does not establish that Livesay is entitled to the money or the reimbursement of his expenses. The case has been sent back for further proceedings.