Entering into a contract entails an expectation that both parties will fulfill their respective obligations. However, what transpires when one party complies while the other fails to uphold its promises? This case delves into the repercussions of such a scenario, shedding light on the importance of seeking legal remedies to enforce contractual agreements.
Dr. Kenneth Gowland was killed in a car accident in Bernard Parish, Louisiana. His widow, Connie Gowland, retained Wootan & Saunders to handle her husband’s succession and an uninsured motorist claim against his insurer on behalf of her and their children. Wootan & Saunders investigated the accident. It simultaneously performed work for certain Louisiana agencies and departments and received payments from the Office of Risk Management, which is responsible for tort claims brought against Louisiana state agencies under La. R.S. 39:1535. Because of its lack of experience with personal injury lawsuits, Wootan & Saunders selected Glenn Diaz to handle Gowland’s litigation.
Diaz and Gowland signed a contingent fee contract and a fee-splitting agreement with Wootan & Saunders. Under the fee agreement, Wootan & Saunders would receive a portion of fees based on work it had performed and its continuous contact with the Gowlands. Wootan & Saunders did not inform Diaz it was doing work for Louisiana state agencies.