Biglaw, Pro Se Litigants

Biglaw Firm Sued, Pro Se, By Former Client

Pro se plaintiff takes a swing at Biglaw firm's ability to comprehend civil litigation.

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You’d think if you’re planning on taking on a Biglaw firm you’d want some quality legal advice of your own, as the firm is likely to come back at you with their guns blazing. But, at least in this instance, you’d be wrong.

It seem Katten Muchin Rosenman is being sued for a laundry list of infractions (legal malpractice, fraud, breach of contract, breach of fiduciary obligation, and promissory estoppel) stemming from its representation of Michael R. Berry of MRB Holdings LLC. Berry hired Katten to sue Nicolas Kernene and his business services company, Twisted Sun, for securities fraud, breach of contract, and breach of fiduciary duty. The firm repped Berry in the action for two years before withdrawing as counsel, and the case against Kernene and Twisted Sun was eventually dismissed.

Berry is… unhappy with the turn of events. The Cook County Record has more on Berry’s allegations against the Biglaw firm:

Berry is alleging Kemnitz and the Katten firm “enticed” him into hiring them to fight Kernene, by allegedly deceiving him as to their capabilities, so as to unjustly enrich themselves at both his expense and at the expense of the administration of justice. Berry claimed he learned of Kemnitz’s and the firm’s “true intentions” after they pulled out of the Twisted Sun case and turned over to him their file on the case.

As an alleged example of the defendants’ alleged perfidy, Berry said they agreed with opposing counsel – during the allegedly “unduly long” discovery process – to have a protective order placed over information that Berry needed to substantiate his claims against Twisted Sun. In reality, the information did not qualify for protected status, according to Berry, which he discovered after a 20-minute review of the material.

I know most everything about legal cases seems interminably long to the uninitiated, but unless it has been 44 years of discovery, it is far from an outlier.

Berry also takes a swing at Katten’s ability to comprehend civil litigation:

Berry further claimed his attorneys couldn’t see the heart of his case against Twisted Sun.

“Kemnitz and Katten were never capable of identification of the apparent fraud that is the underlying foundations of Berry’s pursuit of the civil matter,” Berry contended. Berry added he “spent a considerable amount of time and money” in assisting his attorneys in pursuing his case against Twisted Sun.

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If he thinks being a plaintiff with a Biglaw firm on retainer was “a considerable amount of time and money,” he’s going to love being pro se.

Berry, who is seeking a jury trial, wants defendants to repay the unspecified amount of money he paid them and to pay unspecified punitive damages, as well as fees and costs in bringing the suit and compensatory damages to be “proven at trail (sic).”

That sad trombone you hear is the sound made when there is a [sic] in your brief. Chalk another one up to prosanity.

Texas businessman brings malpractice claim against Katten Muchin firm, partner, over handling of fraud suit [Cook County Record]

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