Brock: A Lawyer Arguing in Court on Behalf of a Client Who Fired Him Just Doesn’t Make Any Sense
BLYTHEWOOD – The Town’s outside attorneys were fired on Dec. 11, 2023, and the Town’s new government signed a settlement agreement with MPA Strategies’ owner and CEO Ashley Hunter on Dec. 29, 2023. However, the almost three-year legal battle that the town’s voters have attempted to move on from continues to smolder as two more motions have been filed in the Town’s $700,000 legal debacle that appears to be headed toward the $1,000,000 mark.
Those two motions are scheduled to be heard on Jan. 25, 2024.
The first motion was filed by the Town’s former lead attorney in the case, David Black (Maynard Nexsen Law Firm), on Dec. 8, 2024, the day after the Town fired outside attorney Shannon Burnett who also worked on the MPA/Town lawsuits.
Black’s motion asked the Court to assign a special master to referee MPA’s Freedom of Information lawsuit filed against the Town, as well as a counterclaim filed by the Town against MPA, even though both parties were in the process of reaching a settlement agreement at the time.
During the same hearing, the Court will hear a second motion filed by MPA’s attorney, Paul Porter (Cromer, Babb, and Porter Law Firm) asking the Court to enforce a settlement agreed to and signed by Blythewood Mayor Sloan Griffin and MPA’s Ashley Hunter.
Black refused both to file the settlement agreement with the Court and to step down as outside attorney on the case after he was fired by the Town on Dec. 11.
Motion for Special Master
According to Black’s filing with the Court, if the Court appoints a special master to the case, the special master could effectively side-step Black’s client – the mayor – in making decisions for the Town concerning MPA.
“The Town respectfully requests this be treated as a priority matter … and for a hearing to be held as soon as possible,” Black’s motion states.
Black filed the motion without contacting the town’s mayor, according Griffin, and asked the court to expedite the hearing. Black asserted in the filing that a special master is needed because he claims Councilman Donald Brock “has a personal interest in this lawsuit.”
Black’s motion alleges that Brock gave “improper assistance” to MPA in its efforts to land a marketing contract in exchange for MPA’s help in re-election efforts. Brock has vehemently denied acting improperly, and Black has yet to produce evidence that Brock did so.
“…a special master is needed to ensure the interests of the Town – the party to this lawsuit – and its citizens are protected,” the motion states.
Griffin said throughout his campaign that he planned to, immediately after taking office, settle the Town’s various MPA legal actions and dismiss the Town’s outside attorneys who were handling them.
Former Mayor Bryan Franklin pledged to carry on with the lawsuits if re-elected.
Griffin was subsequently elected with more than 69 percent of the vote over Franklin.
Although Black appears to not accept that he was fired by the Town, Griffin designated Town Attorney Pete Balthazor as lead counsel on all outstanding legal matters regarding the Town of Blythewood, and Balthazor filed with the Court on Jan. 3, 2024, to be the Town’s attorney of record for the MPA/Town cases. However, both Black’s and Balthazor’s names were still listed as attorney of record on the Public Index at press time.
Motion to Enforce Settlement
The Town and Hunter signed the settlement agreement on Dec. 28, 2023, but Black refused to file the settlement with the court and refused to allow Porter, MPA’s attorney, to file it.
In a Dec. 29, 2023, email to Porter, almost two weeks after Black was fired by the Town, he (Black) stated that, “As the attorney of record in this matter for the Town of Blythewood, you do not have my permission to make the filing. As you are fully aware, my firm was not involved in this settlement proposal and pursuant to the prior special referee motion and request believe the [settlement] proposal severely harms the Town and its citizens.”
Nevertheless, Porter filed a Motion to Enforce Settlement on Tuesday, Jan. 2, 2023, asking the Court to dismiss the lawsuits with prejudice and enforce the settlement as set forth in the parties’ signed agreement.
The Settlement
Black, Franklin, and Councilman Rich McKenrick, as well as their supporters, continue to insist that the MPA/Town cases should continue, because they say sanctions brought against MPA will allow the Town to recoup hundreds of thousands of dollars the Town spent on the lawsuits.
But according to Judge Clifford Newman, who presided over a hearing on Aug. 9, 2023, a trial court would have to rule on any sanctions and set dollar amounts. Newman never set or mentioned any dollar amounts in regard to sanctions.
Also, during initial settlement talks with MPA, that were not authorized by the Town (according to Griffin), Black suggested that Hunter pay the Town only $3,000, not hundreds of thousands of dollars, according to Porter in his motion.
The settlement subsequently reached and signed by the Town and Hunter stipulates that Hunter drop the FOI lawsuit against the Town, the Town drop its counterclaim against MPA, and the Town pay $36,000 for Hunter’s attorney fees.
Black’s Standing
Brock questions why the Court would hear Black’s motion since he (Black) was terminated by the Town.
“Maynard Nexsen has no standing to represent the Town of Blythewood in any legal proceedings. He’s been fired,” Brock said. “One of the fundamental principles of American law is that the client (the Town) gets to select their own representation, not the other way around. Lawyers do as they’re instructed by their clients, not as they (the lawyers) see fit. But for some reason, Mr. Black feels he can operate outside the scope of engagement. The idea of a terminated lawyer arguing in court on behalf of the former client just doesn’t make any sense.”
