The plaintiffs, James Rogers, William Burmeister, and Conservative Care Inc and Care Affiliates Inc, claim that the lawyer Zanetti breached his fiduciary duty and is guilty of professional negligence/legal malpractice. The plaintiffs state that they hired him to draft an agreement for their investment in Accent Home Health, of which they became 80% owners. However, Accent’s founders subsequently sued the plaintiffs alleging the investment agreement that Zanetti wrote was “unconscionable, unenforceable, illusory and void.” Zanetti then referred them to a litigator within the firm, rather than from another. As a result, the plaintiffs argue that the litigator found himself defending his partner’s negligent drafting and in a conflict of interest situation.
Furthermore, the plaintiffs claim that the litigator had them create documents that he then used to try and “hoodwink” the opposing counsel and the Court with, claiming the documents had been made many months before. The jury also found the investment agreement to be “unconscionable, unenforceable, illusory and void,” and, thus, the plaintiffs claim they have been “financially ruined” as a result of the defendant’s legal malpractice. The settlement against the plaintiffs is now $5 million plus interest. They seek that amount and fee forfeiture from Zanetti.