Fla. woman sues law firm, alleges negligence in divorce proceedings

CLARKSBURG - A Tarpon Springs, Fla., woman is suing the Law Office of Christopher M. Wilson PLLC in federal court after she claims it was negligent in representing her during her divorce.

Christopher M. Wilson was also named as a defendant in the suit.

In April 2007, Treasa Furr Hoskins retained the defendants to represent her in a then-pending divorce action and in proceedings related to the divorce, according to a complaint filed May 8 in the U.S. District Court for the Northern District of West Virginia at Clarksburg.

Hoskins claims the defendants agreed to act competently and in her best interests in all matters relating to the divorce; to keep her reasonably apprised and informed; and to act in accord with her instructions as informed by defendants' sound and timely advice.

The defendants breached their agreement and professional obligations with Hoskins by failing during the course of their representation to act competently and in her best interest; failed to keep her reasonably apprised and informed; and failed to act in accord with her instructions, according to the suit.

Hoskins claims the defendants failed to give her sound advice; failed to protect her legal and property rights; failed to protect and preserve her interests in marital property; and failed to undertake necessary continuing representation.

The defendants failed to undertake necessary continuing representation by failing to prosecute the divorce and distribution proceedings to a prompt conclusion while Hoskins' estranged husband remained competent to proceed; by allowing the mother of Hoskins' estranged husband to meddle in the proceedings and assume the status of a de facto party; by advising and allowing Hoskins to execute a so-called "acknowledgement" in which she agreed to make a gift of stock, right, title, interest and operating interest in Texas Roadhouse LLC, Texas Roadhouse Inc. or any other legal entity under which she has an interest in Texas Roadhouse; by advising her that the language of the acknowledgement was nothing other than an unenforceable pledge of a gift; by failing to draft operative documents; and by failing to keep her informed and appearing at hearings without her knowledge, according to the suit.

Hoskins claims the defendants' negligence was so palpable that the state court, in later proceedings brought by her new counsel to remedy the errors committed by the defendants, quickly reacted to a description of the defendants' omissions by observing that she "may have a malpractice claim, right?"

As a direct and proximate result of the defendants' conduct, Hoskins suffered money damages and other damages, including the complete loss of her entire stock and membership interests in the Texas Roadhouse entities; the loss of all equity in the real property transferred to her from the short sale of the property; the corresponding tax liability for debt forgiveness; the cost of resolving other debt obligations on real property; the loss of a substantial tax refund; all payments made by Hoskins to resolve contempt proceedings against her; and legal fees she incurred, according to the suit.

Hoskins is seeking damages in an amount to be determined at trial and in excess of $75,000 with interest. She is being represented by Matthew T. Logue of Logue Law Firm LLC and Scott M. Hare.

U.S. District Court for the Northern District of West Virginia at Clarksburg case number: 1:13-cv-00141