Two local lawyers have thrown a counterpunch after being sued by their former firm.
Julia Adair and Deanna Hathaway argue that the lawsuit filed against them in October by the Boleman Law Firm was “motivated by spite” from their previous employer and should be tossed out.
In response to allegations that they conspired to damage Boleman and lure clients away, Adair and Hathaway deny any wrongdoing surrounding their departure in the spring to start their own local bankruptcy practice, according to their filing last week in Richmond Circuit Court.
They argue that Boleman has no legal ground to stand on and that the employment contracts the firm used as ammunition in the case are unlawful and in violation of the Virginia State Bar guidelines.
Boleman’s suit alleges counts of breach of fiduciary duty, breach of contract and statutory conspiracy. It seeks a jury trial and total damages of $1.5 million.
Adair and Hathaway resigned from Boleman in April and opened Hathaway Adair PC. Leading up to the change, they informed clients of the move, and the pair’s response to the case states that they anticipated that the firm and its president Rusty Boleman “would display anger when that process began,” according to court documents.
Brad Marrs of the Marrs Law Firm, who is representing Adair, Hathaway and their firm, said in October that lawyers leaving for other firms is an everyday occurrence and that ethics rules protect attorneys in Virginia from the enforcement of any sort of non-compete employment contracts.
Marrs declined to comment on his clients’ response.
Boleman is represented by Leslie A.T. Haley of Haley Law. Haley declined to comment on Adair and Hathaway’s response.
Hathaway and Adair’s answer to the suit also claims the Boleman filing was “motivated by a desire to harass and injure” the departing attorneys.
In addition to asking the court to dismiss the case, Adair and Hathaway requested an award for legal expenses that have resulted from the suit.
Two local lawyers have thrown a counterpunch after being sued by their former firm.
Julia Adair and Deanna Hathaway argue that the lawsuit filed against them in October by the Boleman Law Firm was “motivated by spite” from their previous employer and should be tossed out.
In response to allegations that they conspired to damage Boleman and lure clients away, Adair and Hathaway deny any wrongdoing surrounding their departure in the spring to start their own local bankruptcy practice, according to their filing last week in Richmond Circuit Court.
They argue that Boleman has no legal ground to stand on and that the employment contracts the firm used as ammunition in the case are unlawful and in violation of the Virginia State Bar guidelines.
Boleman’s suit alleges counts of breach of fiduciary duty, breach of contract and statutory conspiracy. It seeks a jury trial and total damages of $1.5 million.
Adair and Hathaway resigned from Boleman in April and opened Hathaway Adair PC. Leading up to the change, they informed clients of the move, and the pair’s response to the case states that they anticipated that the firm and its president Rusty Boleman “would display anger when that process began,” according to court documents.
Brad Marrs of the Marrs Law Firm, who is representing Adair, Hathaway and their firm, said in October that lawyers leaving for other firms is an everyday occurrence and that ethics rules protect attorneys in Virginia from the enforcement of any sort of non-compete employment contracts.
Marrs declined to comment on his clients’ response.
Boleman is represented by Leslie A.T. Haley of Haley Law. Haley declined to comment on Adair and Hathaway’s response.
Hathaway and Adair’s answer to the suit also claims the Boleman filing was “motivated by a desire to harass and injure” the departing attorneys.
In addition to asking the court to dismiss the case, Adair and Hathaway requested an award for legal expenses that have resulted from the suit.
Boleman has alleged that Hathaway and Adair solicited clients before they moved, but this is not true, and certainly not an admitted fact.