CHARLESTON - Another lawsuit has been filed against former Charleston attorney R. Michael Martin for legal malpractice.
Liberty Insurance Underwriters Inc. was also named as a defendant in the suit.
Terry L. Rhodes was involved in an accident on July 5, 2012, on U.S. 60 near St. Albans and retained Martin as his attorney to represent him in personal injury claims, according to a complaint filed in Kanawha Circuit Court.
Rhodes claims on Jan. 8, 2014, Martin contacted him to tell him he had settled his case and asked if the settlement amount of $65,000 from Eerie Insurance Property and Casualty Company and $20,000 from Titan Indemnity Company was agreeable, which Rhodes agreed to, but with the condition that medical expenses would still be negotiated.
After months of numerous phone calls to Martin's office, Rhodes did not hear back from him for Martin about the negotiation of medical expenses, or whether the settlements were finalized or the signing of any releases, according to the suit.
Rhodes claims on May 16, 2014, his wife found out about the Jan. 16, 2014, settlement with Eerie when she called Eerie to inquire about some changes to their automobile policy. His wife then called Martin and informed his paralegal that she would be calling the State Bar if Martin did not call them back.
Martin then called them back and informed them he would send the releases for the settlements and, when they had not received the releases by May 23, 2014, they filed a complaint with the West Virginia Lawyer Disciplinary Board, according to the suit.
Rhodes claims he received the releases by June 13, 2014, and signed and faxed them back. Around the end of June 2014, Martin's paralegal called Rhodes to say he could pick up a partial payment of $5,000 and, over the next five months, Rhodes made several phone calls and/or texts to Martin, inquiring as to the status of the settlements, which were never returned.
In November 2014, Rhodes went to Martin's office and demanded the remaining settlement amount of $80,000 and was given a check for the amount of $1,000, according to the suit.
Rhodes is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Apryll H. Boggs of Apryll H. Boggs Law Firm PLLC.
This lawsuit is one of more than a dozen filed against the former attorney since January in Wayne, Kanawha and Raleigh Circuit Court for legal malpractice.
In January, Martin consented to voluntary disbarment.
Kanawha Circuit Court case number 15-C-1631
