The firm owned by Houston lawyer Daniel D. Horowitz has filed a breach of contract suit against Colorado plaintiff’s firm Bachus & Schanker, alleging it failed to pay a 40 percent share of a contingency fee from an automobile accident settlement.
The Law Office of Daniel D. Horowitz III is seeking more than $100,000 from Bachus & Schanker in the suit filed on Monday in Texas state district court in Harris County. In The Law Office of Daniel D. Horowitz III v. Bachus & Schanker, the plaintiff is suing for breach of contract; conversion under the Texas Theft Liability Act; and for money it alleges it is due.
The Horowitz firm, represented by Ross Sears, a partner at Houston-based Sears & Crawford, alleges that it entered into a contract with Bachus & Schanker in February 2015 to act as “co-counsel or associate counsel” in connection with an automobile accident lawsuit filed in Colorado on behalf of a plaintiff who was seeking medical care in Houston. The firm alleges the contract called for the payment of 40 percent of the attorney fees for agreeing to be jointly responsible for the file and the client.
“The contract was drafted and/or reviewed and approved by defendant and it specifically expressed in paragraph II that the B&S Law Firm would receive 60 percent and the Law Offices of Daniel D. Horowitz III, P.C. would receive 40 percent of the total attorney’s fees in the case,” the firm alleges.
The Horowitz firm alleges that Bachus & Schanker settled the underlying lawsuit for an undisclosed amount, but has failed and refused to pay Daniel Horowitz his 40 percent of the total attorney fees as specified in the contract.
Neither Kyle Bachus nor Darin Schanker, founding partners of Bachus & Schanker, could immediately be reached for comment.
Plaintiffs attorney Sears also did not immediately respond to a request for comment.