Personal injury firm Morgan & Morgan is seeking to dismiss a lawsuit brought by former client Brian Brown, who alleges the firm committed legal malpractice by failing to secure the full insurance amount following his involvement in a trucking accident. This information comes from a March 28 court filing by Tate Law Group.
According to a report from Law.com, Brown had a $250,000 auto insurance policy and a $1 million personal umbrella policy. Morgan & Morgan initially demanded and accepted $750,000 from the defense and then unsuccessfully tried to demand an additional $500,000. Brown subsequently filed a lawsuit against Morgan & Morgan and attorney Seth Diamond for failing to obtain the full amount. The firm filed to dismiss the lawsuit, arguing that Brown had signed an arbitration agreement. However, Brown’s new counsel proved that the agreement was unconscionable. Morgan & Morgan is now appealing that decision.
In Brown’s response to the appeal, his attorneys stated that Morgan & Morgan claims on its website that "we never settle a case for less than full value," according to the court filing. The attorneys argued that Brown’s experience with Morgan & Morgan was "in stark contrast" to the firm’s "public persona." They noted, "Not only was Mr. Brown’s case settled for less than full value, it was settled for less than the available insurance limits." The attorneys further argued that Brown’s arbitration agreement with Morgan & Morgan was unconscionable and unenforceable because the firm "had a client sign a fee contract that contained an arbitration provision without any explanation to the client as to what this meant or how it impacted the client’s rights and remedies." They also claimed that Morgan & Morgan secured benefits for itself through the agreement, including fees and rights to use the outcome of Brown’s case for its own marketing purposes.
During oral arguments, Mark Tate of Tate Law Group said the situation might have turned out differently if Brown had known any other lawyers to consult about the arbitration agreement. However, Brown did not know of any attorneys "other than the ones he saw on TV," according to Law.com.
Morgan & Morgan is a national personal injury law firm with more than 1,000 attorneys in offices throughout the country. Their practice areas include car and truck accidents, medical malpractice, and wrongful deaths.
According to a press release from the American Tort Reform Association (ATRA), Morgan & Morgan spent $24.4 million on advertising in Georgia in 2023—the highest amount among law firms in the state. Total spending on legal services advertisements has increased by 38% in Georgia since 2019.