Birdsall Law Firm sued by former attorney

Kyle Barnett Mar. 6, 2012, 3:30am


NEW ORLEANS – A local attorney is suing his former employer for payments his cases provided to the law firm following his termination.

Derek D. Gambino filed suit on Feb. 17 in Orleans Parish Civil District Court against Birdsall Law Firm. Gambino claims he was entitled to percentages of damages or settlements won by plaintiffs he represented.

He also alleges he was terminated on Feb. 20, 2011 and was denied access to his former office and files and client documents within.

Gambino further asserts he should have had the chance to sign new contracts of agreement with his existing clients, but that those clients were notified by the firm that Gambino had left and were assigned to new attorneys within the Birdsall Firm.

Gambino alleges the firm interfered with his business relationships by having the plaintiffs sign new contracts of agreement. He claims he should still receive a percentage of the damages or settlements from the cases he was working on at the time of his termination. In addition, the he alleges he deserves reimbursement for time spent working on a case the firm filed against a construction company accused of damaging the firm's building.

An unspecified amount in damages is sought for lost attorney's fees, lost business revenue and income, legal costs, attorney's fees and judicial interest.

Gambino is being represented by Luling-based attorney David S. Moyer.

The case has been assigned to Division H Judge Michael G. Bagneris.

Case number 2012-01652

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