A high-profile Dallas lawyer has filed for bankruptcy protection while facing a multimillion-dollar lawsuit over an important missed deadline in a personal injury case.
Attorney Levi McCathern II is perhaps best known for representing the Dallas Cowboys and team owner Jerry Jones. He also earned some unflattering notoriety in 2011 after being cited and fined for illegally killing a giant alligator.
McCathern recently was the subject of a feature story in The Dallas Morning News about his representation of Lubbock-based West Star Transportation. The company’s insurer hired McCathern in 2009 to defend a personal injury lawsuit filed by a driver who suffered a serious brain injury after falling off a truck.
The driver’s attorney reportedly presented McCathern and his clients with $250,000 personal injury settlement offer that included a specific deadline. McCathern failed to respond in writing before the deadline and instead called to say that his client would agree to the proposed settlement. He then followed up to accept the offer in writing less than an hour after the deadline, but an appeals court ruled it was too late.
With the settlement off the table, the case went to trial in Lubbock in 2012. The jury awarded a $5.5 million verdict to the driver and his wife after finding West Star negligent. The verdict was affirmed in a judgment signed in 2015, and the trucking company appealed. The judgment now stands at roughly $7 million with the addition of interest. Family-owned West Star says that amount is enough to put it out of business.
Former Clients Target Lawyer
After the judgment was entered, West Star sued McCathern for legal malpractice. The company says McCathern exposed it to an “excess judgment” by not responding to the settlement offer in time. West Star is seeking nearly $20 million in damages.
The case was set to go to trial last month, but it was put on hold after McCathern filed for personal bankruptcy protection in Dallas. According to court records, he faces more than $1.7 million in bankruptcy debts and an IRS tax lien against him and his wife for $1.2 million. He has yet to provide a full accounting of his debts and assets in the case.
McCathern, who also has been sued by West Star’s insurance company, declined to comment for the Morning News story. His attorney said McCathern filed for bankruptcy protection because his insurance company wouldn’t cover West Star’s malpractice claim.
Meeting Deadlines Key for Every Attorney
Although settlement talks are in the works, this case no doubt will end up impacting everyone involved for years to come. The driver and his wife are still waiting for the money that was approved by a judge and an appeals court. The employees at West Star are unsure how long they’ll continue to have a place to work. And a notable Dallas attorney may end up defending a $20 million legal malpractice lawsuit after filing for bankruptcy protection.
It’s hard to believe this all could have been resolved nearly a decade ago except for a single missed deadline. This complicated case shows how important it is for attorneys to be organized and to make sure they closely monitor clients’ cases to make sure nothing is overlooked.
As lawyers, we owe an extra duty of care to the people who entrust us to protect their legal rights. Answering clients’ questions, keeping them updated on their cases, and meeting important deadlines should be the goal of every attorney.
