Lawsuit accuses Richland County candidate of stealing clients from SC rep’s law firm
A candidate for Richland County Council is being sued by his former law firm, accused of swiping clients from a firm headed by a state lawmaker.
Overture Walker, a Columbia attorney, left the Bernstein and Bernstein firm in 2018. At first, the split was seemed amicable enough that the firm agreed Walker would continue handling some of his old Bernstein files for his former employer at his new practice.
But court filings show the relationship quickly broke down. Before Walker left the firm, Bernstein received a $20,000 insurance payout on a case Walker had told the partners he needed to take with him to finish.
“B&B was perplexed by receipt of the check since... Walker affirmatively stated that he was waiting on a damages hearing to be scheduled and requested that he be allowed to take the file to continue to handle it,” a filing by Bernstein attorney James Smith claims.
Bernstein later claims Walker stopped payment of the check and had the insurer reissue it to his own law firm. “Walker had no authority or permission, either express or implied, to do so” since the client “was still actively being represented by B&B,” filings claim.
The firm also noted several appointments with clients during Walker’s last four months with Bernstein which never resulted in case files being opened. The firm claims Walker entered into his own agreements with several clients, sometimes using Bernstein forms but with the firm’s letterhead replaced with the name of his own firm.
“B&B discovered a duplicitous and sordid plan... for Walker to remain an employee, agent and associate attorney long enough to steal as many clients and B&B data as possible,” the suit claims.
Bernstein and Bernstein is the firm of S.C. state Rep. Beth Bernstein, D-Richland.
“Law firm departures are often like family squabbles,” Walker told The State in a statement. “Regardless of the shared good times in the past, agreement on financial issues can take time to sort out fully. I faithfully delivered nine years of diligent and loyal service to leave to start my own firm to better provide for my family.”
The law firm has “subsequently become entrenched in their view of the proper division of legal fees between the firm and I, which is why the legal proceedings continue,” Walker said.
“There is a widely held misconception among lawyers that clients are property, which is incorrect,” he said. “Lawyers don’t choose clients. Clients choose lawyers. My former employer and I simply continue to dispute the fair apportionment of fees for clients that chose me.”
In a counterclaim, Walker denies the accusations and accuses Bernstein of interfering with his ability to get new clients.
“Prospective clients contacted B&B seeking to speak with Walker for legal services shortly after his departure,” Walker claims in court filings, alleging the firm “lied to prospective and/or current clients who were told by Defendants that Walker’s whereabouts were unknown, or simply refused to provide his contact information.”
An order by Judge Robert Hood later partly dismissed claims of defamation and civil conspiracy made by Walker and new partner Joy Stoney. The two attorneys are appealing that decision.
Walker is running in the June 9 Democratic primary for Richland County Council District 8 in the northeast area of Richland County, along with Wayne Gilbert and Hamilton Grant. Incumbent Councilman Jim Manning is stepping down at the end of the year. Beth Bernstein has endorsed Grant in that race.
When reached by The State, Bernstein declined to elaborate on the claims in the lawsuit, citing the ongoing litigation.
Walker previously worked as a public defender in Richland County, served as an assistant city attorney and municipal court prosecutor for the city of Columbia and sat as a municipal judge.
This story was originally published May 21, 2020 at 10:58 AM.
.jpg)