Edmonton lawyers respond to former partner's $4.8-million lawsuit
A return salvo has been fired in the bitter dispute between high-profile Edmonton criminal lawyer Brian Beresh and his five former partners.
In September, Beresh filed a $4.8-million lawsuit with Court of Queen's Bench against Bob Aloneissi, Ed O'Neill, Brian Hurley, Eamon O'Keefe and Chris Millsap.
Beresh alleges the former partners conspired against him and "sullied his reputation" after he notified them he wanted to take a step back as a partner in the law firm he founded.
In a 24-page statement of defence filed in October with Edmonton Court of Queen's Bench, the lawyers say they rejected Beresh's proposal because it "would create an unworkable division of authority within the small firm."
The former partners describe Beresh's move to dissolve the firm on Feb. 28, 2018, as "entirely his own decision." They say it happened without advance notice and took them by surprise.
The court document also suggests Beresh tried to poach lawyers and staff when he was setting up his solo practice. The former partners say they initially agreed to a request from Beresh to ask his legal assistant and one or two students to leave with him.
"Beresh proceeded to actively solicit the associates and staff to leave Aloneissi O'Neill and to join his new firm," the statement of defence said. "Not one associate or staff member chose to leave Aloneissi O'Neill despite Beresh's promise of significant additional compensation."
Attack on reputation
The original statement of claim referred to Beresh as a "highly respected, well-known lawyer with a pre-eminent reputation." The claim said Beresh's "stellar reputation" had been enhanced by mentoring and teaching law students and lawyers, and at one point referred to Beresh as a "rainmaker."
The statement of defence filed by his former partners said Beresh "has frequently had his accounts taxed and was the subject of a disciplinary proceeding before the Law Society of Alberta."
The former partners also reject the characterization of Beresh as a "rainmaker."
"He rarely distributed client files of value or referred work to the individual defendants," the statement of defence said.
Further harsh claims are made by the former partners about Beresh's treatment of junior lawyers and articling students, alleging he consistently monopolized their time and skill, then pocketed all the fees associated with their work for himself.
It took months to wind up the financial affairs of Beresh Aloneissi. Beresh claimed he is still owed further compensation, including more than $500,000 as his share from the firm's capital fund.
He is also seeking $4 million in aggravated damages for allegedly "sullying" his reputation.
The former partners insist they don't owe Beresh any outstanding compensation and deny "sullying his reputation."
The defendants ask the court to dismiss Beresh's lawsuit.
In a short statement of reply, Beresh called all the allegations contained in the statement of defence "simply incorrect."
