Phil Ferrant v. Lewis Brisbois Bisgaard & Smith, L.L.P.
05-19-01552-CV
| Tex. App. | Jul 14, 2021Background
- Michael Cramer moved to Lewis Brisbois Bisgaard & Smith, L.L.P. (LBBS) in August 2012; Ferrant signed a Letter of Understanding on August 13, 2012, approving transfer of his files and approved hourly rates.
- LBBS provided legal services on four matters (IOF, Graham, Sisk, BOA) and billed $202,401.41; Ferrant paid $102,000 and left a balance of $100,401.41.
- LBBS sued Ferrant on March 19, 2015, to collect unpaid fees; the case was tried to a jury in August 2019 with Ferrant appearing pro se.
- LBBS introduced the Letter of Understanding, invoices, A/R reports, emails, and corporate‑representative testimony; Ferrant testified he paid some sums, disputed certain charges and credits, and conceded he expected to pay for work Cramer performed.
- The jury found an hourly-fee agreement existed, Ferrant breached it, and owed $100,401.41; the jury also awarded $50,000 in attorney’s fees for work through trial.
- On appeal Ferrant challenged (1) legal sufficiency of evidence that a contract existed and (2) sufficiency of evidence supporting the attorney’s‑fee award; the court affirmed on contract and reversed/remanded on fees.
Issues
| Issue | Plaintiff's Argument (Ferrant) | Defendant's Argument (LBBS) | Held |
|---|---|---|---|
| Existence of contract | No direct evidence of an agreement; finding requires impermissible stacking of inferences | Letter of Understanding, conduct (payments, approvals, invoices), and emails show an hourly-fee agreement | Affirmed — evidence (LOU, payments, invoices, testimony) legally sufficient to support agreement |
| Attorney’s fee award for prosecuting suit | Fee award lacks required detail; LBBS failed to show specific tasks, who performed them, and time spent per Rohrmoos | Corporate rep testified total hours, staffing breakdown, rates, and general tasks performed (petition, discovery, trial prep) | Reversed and remanded — Rohrmoos requires detail about tasks/time; LBBS’s testimony was too general and unsupported by contemporaneous records |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal‑sufficiency review standard for jury findings)
- Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469 (Tex. 2019) (attorney‑fee awards require evidence of particular tasks, who performed them, when, time spent, and reasonable rates)
- City of Fort Worth v. Zimlich, 29 S.W.3d 62 (Tex. 2000) (review evidence in light of jury charge/instruction)
- Jelinek v. Casas, 328 S.W.3d 526 (Tex. 2010) (courts defer to jury credibility determinations)
- Levetz v. Sutton, 404 S.W.3d 798 (Tex. App.—Dallas 2013) (elements required for contract formation)
- Webb v. Crawley, 590 S.W.3d 570 (Tex. App.—Beaumont 2019) (attorney may recover unpaid hourly fees under contract principles)
