Attorney recovers fees; fights malpractice counterclaim

Like most business people, attorney Debra Snoke only wanted to be paid for the services she rendered to her client.

After her client failed to pay after a year of representation, she brought this action against him to collect the amount he owed her for her attorney's fees. In response, Hugo brought counterclaims against Snoke, claiming among other things, her representation of him caused numerous medical ailments, including high blood pressure.

Snoke's counsel, attorney Tim Aylward, said Hugo presented no evidence to support his claim of negligent infliction of emotional distress. In fact, when cross-examined, Hugo's medical expert stated Hugo had suffered through numerous stressful events in his life during the time of the divorce, including the death of his father. The expert stated any one of these events would have caused Hugo's ailments, even without the stress of the divorce. Evidence was also produced that Hugo suffered from all but one of his ailments prior to the divorce proceedings.

We offered to waive the claim against Mr. Hugo, and just make the case go away, Aylward said. Mr. Hugo refused, claiming the only way he'd let the case go was if we paid him $1 million - the amount of Debra Snoke's insurance policy.

Hugo also claimed Snoke failed to properly inform him of what would happen in the course of his divorce proceedings, and improperly suggested he incorporate his business while the proceedings were still pending. He claimed this angered the judge in that case, resulting in a higher maintenance award to his former wife.

Aylward stated he felt the high maintenance award would have been anticipated, given Hugo made substantially more than his ex-wife did.

Once I understood the essence of [Hugo's] claim, I expected it would require a good deal of speculation, Aylward said. I knew we had a good judge trying our case, and I figured he wouldn't allow speculation in our case. I was right.

Judge Williamson dismissed Hugo's claims against Snoke, and only presented the jury with Snoke's collection claim against Hugo. Aylward said the jury returned a verdict in Snoke's favor for the amount Hugo owed her.

Aylward, who was joined by attorneys Brad Dowd and Tim Schwindt, said he only planned to show the court how absurd Hugo's counterclaims were. He succeeded.

Copyright 2004 Dolan Media Newswires
Provided by ProQuest Information and Learning Company. All rights Reserved.