Law firm will not give up its files

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An Augusta attorney and his former law firm claim they are justified in withholding certain information from a former client who is suing them.

Monday was the deadline for William Fleming, John Fleming and The Fleming firm to respond to a motion filed by Wendell A. Jenifer's new attorneys.

Mr. Jenifer alleges the Fleming attorneys were negligent and cost him a chance of receiving compensation for a 1999 injury.

The federal lawsuit against the Fleming attorneys was filed last year. Last month Mr. Jenifer filed motions asking the court to force the Fleming attorneys to turn over certain information.

Mr. Jenifer's attorney complained to the court that the Fleming attorneys were holding back information about 22 other malpractice claims that were filed with the Fleming firm's insurance company in 2002.

William Fleming responded Monday that any information about other malpractice claims has nothing to do with Mr. Jenifer's case. He further states that any complaints filed against him with the state disciplinary bar are confidential.

In response to Mr. Jenifer's complaint that William Fleming has yet to provide proof of insurance coverage, he admitted that at the time he represented Mr. Jenifer he did not have insurance.

Any evidence of insurance coverage after that point has nothing to do with Mr. Jenifer's complaint, he responded.

William Fleming and John Fleming resigned from the Fleming firm in the fall of 2002, according to court documents. The resignations enabled the Fleming firm to obtain new insurance coverage, according to court documents.

Mr. Jenifer alleges John Fleming agreed to handle his personal injury lawsuit and assigned his nephew, William Fleming. The lawsuit filed in March 2001 incorrectly listed his middle initial, date of accident and the owners of the hotel where Mr. Jenifer alleged he was injured, according to the lawsuit.

He blames the Fleming firm attorneys for the judge's decision to dismiss the personal injury lawsuit.

Two Augusta attorneys, David Hudson and William Byrd Warlick, have written statements in defense of the Fleming firm attorneys in Mr. Jenifer's case.

Reach Sandy Hodson at (706) 823-3226 or sandy.hodson@augustachronicle.com.

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fd1962
26
Points
fd1962 04/17/07 - 08:13 am
0
0
If the Bar Association is
Unpublished

If the Bar Association is unable to deal internally with examples of gross negligence of this severity, is it any wonder why the trade of lawyering has such meager public confidence and general disdain? This practitioneer should have been tarred, feathered, and run out of town for his incompetence and, no doubt, greed.

Newsreader
11
Points
Newsreader 04/17/07 - 08:37 am
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It is pretty sad when you

It is pretty sad when you have to ask your lead Attorney to resign so that the firm can get insurance. The fact that these attorneys were "uninsurable" speaks volumes for their abilities, ethics, and morals. Why would the records of the state disciplinary bar be confidential? If the state disciplines me it is a matter of public record, why is that different for an attorney? The real problem with attorneys is that they have no external watchgroup and they cover up their mistakes. They are better at hiding their mistakes than Doctors are. If the attorney loses a case, then there was not enough evidence or the jury did not understand. It is never the attorney's fault. But still you should never go to court without an attorney either civil or criminal as you will be thrown out with the rest of the mop water when they clean the floor.

rj1960j10
14
Points
rj1960j10 04/17/07 - 09:06 am
0
0
attorneys are like the old

attorneys are like the old cowboys. circle the wagons. protect their own, most judges are the same. it is all a good old boy system esp. the divorce attorneys and judges.

fd1962
26
Points
fd1962 04/17/07 - 09:44 am
0
0
Newsreader, sad but true.
Unpublished

Newsreader, sad but true. I'm also amazed that an attorney of David Hudson's stature would even agree to defend the Flemings' conduct in this case. I suppose the price was right. He'll no doubt discover an appropriate 'technicality' to excuse the negligence. Then Jenifer will be sued for malicious prosecution no doubt.

Rambler
13
Points
Rambler 04/17/07 - 09:45 am
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0
Suggestion: How about

Suggestion: How about letting the reader know the Judge's reason for throwing out the underlying suit? Just a thought.

SH
0
Points
SH 04/24/07 - 12:17 pm
0
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try dealing with sc dss. they

try dealing with sc dss. they lie and fight to keep some dad's from their children and allow the mother to put the children in harms way. if you aren't in the loop or you don't know "someone" you ARE basically at the mercy of a rumor THAT HAS BEEN REPEATED NUMEROUS TIMES.

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