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August 13, 2022

Shelby County – Law firm lawsuit allegations inconsistent with public record

By Kirk Allen & John Kraft

On June 28, 2020

Shelby Co. (ECWd) –

The law firm of Featherstun, Gaumer, Stocks, Flynn and Eck, LLP filed a complaint against the County seeking payment of invoices for legal services to the County.  They filed that complaint on May 5, 2020. On May 12, 2020, we published this article regarding the State’s Attorney seeking an opinion from the Attorney General. Six days later, the law firm amends its complaint.

We have found no county records that supports this law firm ever being hired by the county in any fashion, thus they have no standing according to attorneys we have spoken with. While a simple Motion to Dismiss would likely prevail, we suspect Ed Flynn would bring a new complaint in his personal name rather than the name of a law firm, and use some of the same arguments, which are problematic for him in our opinion.

In the original complaint, there was no mention of the State’s Attorney approving Ed Flynn’s hiring.

Amended complaint:

  • “Edward F. Flynn agreed to provide these legal services subject to the approval of the Shelby County State’s Attorney to approve of Edward F. Flynn and Featherstun, Gaumer,
    Stocks, Flynn, and Eck, LLP to provide legal services.
  • “Edward F. Flynn and the law firm of Peathershm, Gaumer, Stocks, Flynn and Eck, LLP were approved by the Shelby County State’s Attorney to provide legal services
  • “Edward F. Flynn advised members of the Shelby County Board Official on multiple occasions that he and his firm provide legal services for Shelby County subject to the approval of the State’s Attorney”

If such approval was actually provided as outlined three different times in the amended complaint, it seems odd those claims were missing from the original lawsuit. We note the State’s Attorney is on record confirming she never provided any legal opinion on Flynn’s hiring.

The resolution used for hiring Ed Flynn said nothing about hiring Ed Flynn “and” Featherstun, Gaumer, Stocks, Flynn, Eck, LLP providing services.  It clearly stated, hiring Ed Flynn “comma“,  currently practicing with the firm of…..

There is no record in Shelby County supporting the State’s Attorney’s approval of Ed Flynn and the law firm to provide legal services to the County.  In fact, the record confirms the State’s Attorney did not provide any legal opinion on his hiring, let alone the law firm.

The third entry we reference seems rather odd, on two fronts.  Why would the attorney, who claimed his hiring was approved by the State’s Attorney, need to advise members of the Shelby County Board that he and his firm provide legal services?  Such advise seems very strange in light of the fact the County Board voted to hire him.  Note the attorney did not actually say he advised the County Board but rather he advised members of the Shelby County Board “Official”.  Is he saying he advised an Official? Who would that be and why would he feel the need to provide such advice? If he advised “members” of the board then it will be most telling to see what those members say under oath.

The case has been assigned by the Chief Judge to herself.  The parties were directed to contact Chief Judge Koester to reschedule a hearing.

We will update with new articles as this case moves through the court.

 

 

 

 

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1 Comment
  • PK
    Posted at 12:33h, 29 June

    Caveat Venditor or Venditors. But really, the 67 pages of documentation provided to the Shelby County Board ought to have sufficed. Anyway, the attorneys should have known.

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