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Asbestos Lawyers Fight for a Piece of the Dues

Asbestos litigation involves huge amounts not only in settlement for the person affected by exposure to asbestos but also for the attorneys handling the case. No wonder a legal battle is ongoing between a law firm and its attorney over attorneys’ fees from asbestos litigation in Texas. On Thursday, appellate justices dismissed an appeal in the matter bringing an end to the dispute between the law firm, Provost Umphrey, and Brent Coon, an attorney with the firm.

According to Southeast Texas Record, in February Coon successfully petitioned Judge Milton Shuffield to seal an arbitration award in a lawsuit over asbestos attorneys’ fees. His contention was that the information was not a matter of public concern. Thereafter, Coon retracted and asked the judge to nullify the arbitration award and filed a motion for a new trial. This time, Coon’s stand was that the arbitration award to PU attorney Bryan Blevins was wrong since it was based on work done by Coon for on asbestos litigation. In response, PU filed a motion for sanctions in May on the claim that Coon did not reply to interrogatories or comply with discovery requests.

Judge Shuffield declined to rule on either motion. This led Coon to file a writ of mandamus to the Ninth Court of Appeals asking for a new trial; this appeal was dismissed on July 22. Despite the fact that the case has already been completed after an out-of-court agreement, the mesothelioma attorneys have been contesting over the millions received by the firm in attorney's fees from asbestos litigation.