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Dallas legal recruiter Diane Caldwell says lawyers have sent her flowers and other gifts after she recruited them to new firms. But June 29 marked the first time in 31 years that a lawyer she recruited sued her and her company, Caldwell & Associates Inc.

In his June 29 petition, Chris L. Gilbert alleges that in 2008, Caldwell (which he uses throughout to refer to both defendants) recruited him from K&L Gates in Nashville, where he was a partner, to work at Patton Boggs in Dallas. In Gilbert v. Caldwell, et al. , Gilbert alleges, among other things, that Caldwell initiated a call to him and made representations that she was an "independent recruiter" and "it would be in his best interests to leave K&L and go to another firm where he could make more money and grow his practice to the next level."

Gilbert alleges that following meetings with Patton Boggs' representatives he told her he was more interested in another firm, but Caldwell told him any issues he had with Patton Boggs would be resolved "because Gilbert would be made practice leader in Dallas, have total management over the department and make more money than in the other firm."

In his petition, filed in Dallas County Court-at-Law No. 1, Gilbert alleges the "promises Caldwell made were false" and that he "later learned that Caldwell was on retainer from Patton Boggs to find lateral partners with business." 

Gilbert's causes of action include negligence, fraud, breach of fiduciary duty and breach of contract and he seeks compensatory and punitive damages, as well as costs and attorney fees.

Gilbert, now a partner in Bryan Cave in Dallas, refers comment to his attorney Rogge Dunn. Dunn says he thinks the suit is a "classic" misrepresentation and breach of fiduciary duty case. "If you are working with a particular firm, well, you're going to try to place people there. If anything, I think it's a wake-up call for headhunters to properly disclose their interests," says Dunn, a partner in Clouse Dunn in Dallas.

Click Here to view the Orginal Plaintiff Petition (pdf)

Full article can be found here

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