Famed attorney Bobby Lee Cook is entering the dispute between longtime law partners Ward Crutchfield and Jack Benson Jr.
Chancellor Frank Brown on Monday approved a motion to have the Summerville, Ga., attorney come in on the side of attorney Benson. Bryan Hoss is also an attorney for Mr. Benson.
Attorney Hoss said Bobby Lee Cook is a longtime friend of the Benson family and agreed to take the case, though he has not handled a matter in Tennessee in several years. Jack Benson Jr. is the son of City Council Chairman Jack Benson.
Attorney Crutchfield, who is also a veteran state senator, sued attorney Benson. Attorney Benson has now filed a counter complaint in Chancery Court.
Attorney Crutchfield, who is represented by John Konvalinka, said attorney Benson left the firm of Crutchfield, Benson and Pope on Aug 30 and took with him some of the fees that were owed, as well as some of the firm's clients.
He also said attorney Benson went off with some documents "that are sensitive and confidential in nature."
The suit asks for a detailed accounting of the fees allegedly owed by attorney Benson.
Attorney Benson said in his countersuit that he joined the firm in October 1991 on a salaried basis. He said that on Jan. 1, 1995, he reached an oral agreement with attorney Crutchfield that on monies he earned he would pay half to the firm to cover office expenses. He said he agreed to pay his own malpractice insurance and continuing legal education fees.
Attorney Benson said there was an agreement that if he ever left the firm, he would split fees until the day he left, but the fees that came in afterwards would be all his. He said he also was to keep his clients.
The countersuit says attorney Crutchfield "lacked any and all ability to fully represent the types of clients" attorney Benson had.
The countersuit said Mr. Benson had been contributing far more than other attorneys in the firm toward the office expense. He said he put in nearly $90,000 to the office between Jan. 1 to July 28, 2004.
The countersuit by attorneys Hoss and Cook says the money put in by attorney Benson was mainly used by attorney Crutchfield for purposes other than the office. It says that at the trial, they will outline how that money was spent.
It says that on Feb. 13 of last year, attorney Crutchfield approached attorney Benson and told him he needed to find his own office space or join another firm. It says attorney Benson agreed to do so.
The countersuit says that on July 7, attorney Crutchfield approached him again and said he needed to move quicker and should be out in 30 days.
It says that on July 26, the two attorneys talked, and Linda Johnson, aide to Mr. Crutchfield, was present. Attorney Benson said he would be out in three days. He said he would split a $1,000 fee he had just gotten.
The suit says Ms. Johnson asked attorney Benson what contributions he was going to make to the firm in the future. It says Mr. Benson emphatically said he was not required to pay additional amounts after he left.
It says attorney Crutchfield then "became quiet and dropped his head slowly." It says he stated, "Maybe you could pay us a little something on some cases that are dragging around."
The countersuit charges attorney Crutchfield with fraud and misrepresentation and asks $240,000 in damages.