Rogers & Wells Firm Cited : Mix Sues His Attorneys, Claiming J. David Conflict

Pro football star-turned-lawyer Ron Mix, the loser last year in a million-dollar case alleging securities violations and negligence, is suing his attorneys, accusing them of legal malpractice and conflicts of interest linked to the J. David & Co. scandal.

Mix says the law firm of Rogers & Wells--which also represented the fraud-ridden investment firm run by J. David (Jerry) Dominelli--manipulated his defense to gain a tactical advantage in defending themselves against allegations of aiding and abetting Dominelli’s schemes.

In a suit filed Monday in San Diego County Superior Court, the former Charger standout charges that Rogers & Wells discouraged him from settling the securities case for two reasons, neither of them in Mix’s best interest.

First, the suit alleges, Rogers & Wells wanted to run up huge legal fees defending Mix--and in fact charged his malpractice insurance carrier more than $1.5 million for 2 1/2 years of legal services.

Secondly, Mix contends, Rogers & Wells wanted to divert attorney Michael Aguirre’s attention from the civil litigation over J. David & Co.’s demise. Aguirre represented both disgruntled J. David investors and the plaintiffs suing Mix in a dispute over investments in several construction projects.

The suit alleges that Rogers & Wells deceived Mix and engaged in misrepresentation, concealment and threats.

Ronald Brackett, supervising partner for the prestigious New York-based law firm, said the allegations were under review by the firm’s attorneys and that he expected Rogers & Wells would “be vindicated.” He declined to respond to the specifics of Mix’s charges.

The law firm announced last month that it was closing its San Diego office, which had been under a cloud since the collapse of Dominelli’s investment companies.

Earlier this year, Rogers & Wells agreed to pay former J. David investors $40 million to settle their suits charging the firm with complicity in the J. David scandal. It was the largest settlement ever by an American law firm.

Mitchell Lathrop, who led Mix’s defense team as managing partner of Rogers & Wells’ San Diego office, quit the firm last month to open a local office for a leading Los Angeles firm. Lathrop, who is not named as a defendant in Mix’s suit, was out of town Tuesday and could not be reached for comment.

In August, 1985, a San Diego Superior Court judge found Mix, a member of the Pro Football Hall of Fame, liable for his role in an investment fraud involving the financing and development of three construction projects.

Judge Alpha Montgomery ruled that Mix, as attorney for McKee Construction Co. and a part owner of a related real estate firm, breached his duties as a lawyer by concealing his interest in the developments. The judge ruled that Mix violated securities laws and engaged in fraud and deceit.

In a written decision, Montgomery expressed sympathy for Mix’s position, portraying him as a “victim” of construction company owner Richard McKee, who was found guilty on criminal charges of diverting investors’ funds.

But Montgomery said Mix and another defendant “had the glitter of big money in their eyes” and had been wrong to hang onto “the money-making coattails of McKee.”

Montgomery ordered Mix to pay a share of the investors’ losses and $225,000 in punitive damages. The case later was settled for more than $1 million.

Mix alleges in his lawsuit that Rogers & Wells misled him about his prospects of prevailing in the investors’ case. Mix contends that his lawyers pressured him to get his insurance company to pay legal fees that it considered “excessive” and “unjustified,” failed to hire needed expert witnesses, and manipulated him to prevent settlement of the litigation.

The suit seeks an unspecified amount of damages to compensate Mix for loss of earnings, damage to his reputation, emotional distress and other alleged losses.