NEW ORLEANS – The state’s largest personal injury law firm is being sued by a former attorney who claims she is owed fees.
Jana L. McCaffery filed suit against Morris Bart LLC and Morris Bart and Associates LLC in the First City Court for the Parish Of Orleans District Court on April 3.
McCaffery claims she was an attorney working for the Morris Bart and Associates law firm from April 11, 2008 until March 22, 2013 when she resigned from her position. The plaintiff alleges that at the termination of her employment she entered into a verbal agreement with the defendants that entitled her to 20 percent of the attorney’s fees for each case she handled. McCaffery asserts she was not paid for at least nine cases she handled during her employment with Morris Bart and Associates, whose practice specializes in personal injury car accident lawsuits and brings thousands of such cases across the state each year.
The plaintiff claims that in one case in particular, that of Doris Thompson, she was promised 25 percent of the attorney’s fees, but that figure was later reduced to 10 percent and when she questioned the reduction via email she was notified that she would not receive any payment from the case. For Thompson’s case alone, McCaffery alleges she is owed $5,200 as well as an additional unknown amount for various other cases she handled and were later settled.
The defendant is accused of breach of oral contract, unpaid wage claim and unjust enrichment.
An unspecified amount in damages is sought by the plaintiff all the percentages of attorney’s fees owed to her for work she claims to have completed as well as attorney’s fees and litigation costs.
McCaffery is represented by Jessica M. Vasquez of New Orleans-based Vasquez Law Firm.
The case has been assigned to Division A Judge Monique G. Morial.
Case no. 2014-01878.