Just five days before a trial was to begin in which long time companion Darla Lexington was suing the Estate of John O’Quinn. It appears everyone was happy after a four hour mediation meeting between the attorneys resulted in a sealed out of court settlement.

The Texas Lawyer announced the settlement late today.

“This afternoon, Darla Lexington, the longtime companion of prominent Houston plaintiffs lawyer John O’Quinn, settled her dispute with O’Quinn’s estate and the John M. O’Quinn Foundation over assets from his estate. O’Quinn died in an automobile accident in October 2009.

…Lexington sought court orders to force the executor of O’Quinn’s estate to return property she alleged belongs to her because of her common-law marriage to O’Quinn and because she received the property as gifts.

The estate and the foundation, which is the sole beneficiary of the estate in O’Quinn’s will, claimed that Lexington was not entitled to the property because O’Quinn specified in his will that he was not married and he left his estate to the foundation.

…Jimmy Williamson, a partner in Williamson & Rusnak in Houston who represents Lexington, says the terms provide for Lexington and her security. Kathy Patrick, a partner in Gibbs & Bruns in Houston who represents the foundation, could not be reached for immediate comment.

“I’m very happy we came to a mutual agreement and the foundation can go on and honor John,” Lexington said this afternoon.

Executor Gerald Treece, an assistant dean and professor at South Texas College of Law in Houston, said he is pleased with the settlement. “As the person John selected as the executor, I’m very happy to do what was in John’s best interest and also please Darla and the foundation,” Treece said.

The settlement averted what lawyers expected to be a five-week trial beginning on Jan. 9 in Judge Mike Wood’s Probate Court No. 2 in Houston.”

One thing I noticed was the trial was to start in Judge Mike Wood’s Probate Court, the same court that Anna Nicole Smith took on Pierce Marshall!

In other news in Houston Texas today, Jerry Eversole received a break from U.S. District Judge David Hittner who sentenced, the former Precinct 4 commissioner to 3 years probation in a case that could have landed him in federal prison for up to three years and cost him up to $100,000 in fines.

KUHF reported today that Eversole was accused of accepting bribes from developer Michael Surface. The sentence is for lying to a federal investigator about money and lavish gifts the government alleges Eversole received from Surface, a longtime friend, in return for lucrative county contracts.

“Eversole had been charged with conspiracy, accepting a bribe, and making false statements on tax returns in 2003 and 2004. All those charges were dismissed.

…Eversole refused comment on his sentencing and instead, let his attorney Rusty Hardin speak on his behalf. Hardin says he was ready to play hardball with government prosecutors, if need be.

“The judge read a provision in his sentencing memo, in which we took exception, and I said that I thought it was unseemly for the government to seek to have him punished for the counts they chose to dismiss, and that they could have asked for a trial on. We’d let a jury decide and they chose not to do that. And then they wanted the judge to punish him for something they didn’t have the courage to try.”

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©Rose Turner
January 4, 2012
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Tags: accepting a bribe, accepting bribes, Anna Nicole Smith, Celebrity Trials, common-law marriage to John O'Quinn, conspiracy, Darla Lexington, developer Michael Surface, Estate of John O'Quinn, Executor Gerald Treece, Gerald Treece, Gerald Treece assistant dean and professor, Gerald Treece Esq, Gibbs & Bruns, High Profile Trials, Houston, Houston Texas, Jerry Eversole, Jimmy Williamson, John M. O'Quinn, John M. O'Quinn Foundation, John O'Quinn, John O'Quinn died in October 2009, John O'Quinn's Estate, Judge Mike Wood, Judge Mike Wood’s Probate Court No. 2, Kathy Patrick, KUHF, lying to a federal investigator about money and lavish gifts, making false statements on tax returns in 2003 and 2004, mediation, Michael Surface, Pierce Marshall, return for lucrative county contracts, Rose Speaks Community, Rose Speaks Face Book, Rose Speaks Twitter, Rusty Hardin, Rusty Hardin Esq., sealed out of court settlement, sole beneficiary of the estate in O’Quinn’s will, South Texas College of Law, T. Gerald Treece, Texas, The O'Quinn Law Firm, The Texas Lawyer, U.S. District Judge David Hittner, Williamson & Rusnak

John O’Quinn has been as complex in death as he was in life. There are no simple answers or simple liquidation of his assets for his Estate, his foundation or even the Trustees who now run The O’Quinn Law Firm Trust; as rumors of cars being sold, employees leaving or being laid off sent many scrambling for answers. The Executor of the Estate, the board members of the John M. O’Quinn Foundation and even the Trustees for the Law Firm have been pretty mum over the last few weeks.

The Estate as all of you know, is being handled by a life long friend, T. Gerald Treece. Mr. Treece was of counsel to the O’Quinn Law Firm before O’Quinn’s death. Mr. Treece also is an assistant dean at Southwest School of Law, counsel to the president of the law school, and instructor at the law school as time permits which leaves him at the Law School for most of his time and less time at the firm’s office.

Beginning February 4 rampant rumor mills started over the weekend, some saying the Estate with problems, is planning selling the car collection that John O’Quinn made in his Will as a separate entity and not part of the Estate and the rush to get quotes on the record or find reliable information began.

Part of what you need to know about O’Quinn his firm and Texas is that since 2003 Texas has undergone major class action suits tort reform. Some have said it should have been called the O’Quinn – Nix Tort reform act of Texas. Prior to the extensive reform Texas was known as “the lawsuit capital of the world”, which made Texas not surprisingly, what the insurance companies consider;”Texas the worst jurisdiction in the nation”. In fact Texas ranked last among insurers willing to insure firms that could be subject to a huge lawsuit and Texas jurors were known to give HUGE settlements. “In 2003 the doctor-per-citizen ratio Texas ranked 49th out of 50 states.” Of the state’s 254 counties, more than 150 had no obstetrician in 2003, and more than 120 had no pediatrician.

Thus began the migration of huge tort cases were often paired up in Mississippi where the filing of these type of mass class actions suits were still money makers under their state laws.

You probably had noticed that John O’Quinn began to partner with attorneys out of state in these filings but O’Quinn also did something else. He turned his attention from huge personal injuries pay outs to other types like the penny-stock and then attacked some of the largest stock investment firms in New York. He also turned to lawsuits like the Overstock.com suit he was on his way for a mediation when that tragic accident happened. Just as the Overstock.com lawsuit, there are many pending lawsuits that owe Mr. O’Quinn’s Estate, O’Quinn’s share of the winnings, or the debts if that is the case.

Fortune magazine once dubbed John O’Quinn as the “lawyer from hell.”

Still, facing O’Quinn was “as difficult as anything I’ve ever experienced in 40 years as a lawyer,” Terry Scarborough said, describing an opponent who mercilessly probed for any weakness and exploited every advantage. “He had an unlimited pocketbook on top of the fact that he was gifted, smart and worked hard.” Scarborough had fought O’Quinn for ten years for the silicon implant case to reimburse the women in that class action suit. The Estate announced on Dec. 19, 2009 it would settle the suit for $46.5 million dollars to almost 3,500 former clients without further litigation.

Gerald Treece, the executor of O’Quinn’s estate, in a statement told the Houston Chronicle’s Mary Flood recently that some of the cars were being sold at auction to help pay the $45 million legal settlement over legal fees for breast-implant litigation that O’Quinn lost before his death.

Last week the word came that some of O’Quinn’s car collection of over 670 classic cars might be sold off in lots, the first two, was one on the March 13, 2010 of about 55 cars and another at the end of the month, March 26-28, of 150. More of the prized collections made RM the auctioneer and car collectors salivate There are persistent rumors that more will be sold in lots over the summer, RM has verified that the 150 cars to auctioned off on March 26-28 will be sold with conditions stating “no reserve” for those cars. Auto Week has confirmed that they might expect more of the cars to go to auction over the summer.

Car collectors in Houston are saddened they see the “world’s greatest car museum” fading fast. Ken Daugherty, an early consultant to O’Quinn’s car collection, has said, “The loss of O’Quinn’s proposed car museum is incalculable to Houston.” “It’s a tragedy that this happened,” said Ron Stein, a friend of O’Quinn’s who frequently gave tours of the collection on the lawyer’s behalf. “It was a world-class collection.” Treece and Stein both said a museum remains a possibility, noting that even after the planned sales, hundreds of classic cars will remain in the collection. Scrapping the museum plans “would be a big loss not just for the car collectors but for the city of Houston.” The facility would bring international attention to the city, Treece said.

The maintenance staff that takes care of O’Quinn’s car collection has been reduced to a skeleton crew, Darla Lexington, frequently described as O’Quinn’s soul mate and president of Classy Classic Cars LTD, first through her attorney over the weekend said several cars have already been auctioned off, much to her dismay.

Lexington’s attorney Jimmy Williamson says it’s a matter of economics. “The estate is on solid ground, but, of course, there are settlements out there. There are claims against the estate. There are debts, just like any person who has assets has debts and all of those have to be accommodated and dealt with in a responsible fashion. While it’s not to say a museum won’t happen, Williamson says it certainly won’t be on the scale they had hoped for. Williamson says Lexington is fully supportive of the executor’s efforts to keep the estate on solid footing.

At the first of this week, Ms. Lexington released her own statement saying; “John loved the cars and planned on building the world’s greatest car museum, his untimely death in the midst of the great recessions created a number of unforeseen issues for the estate, which the sale will help alleviate.”

There has been speculation that the number and quality of O’Quinn cars coming to market could cause a drop in overall collector car pricing of as much as 25 percent.

On February 4, 2010 another announcement was made in regards to property held by O’Quinn’s Estate. On the steps of the Texas State Capitol, the San Jacinto Battleground was named among seven sites (the only one in Harris County) to the list of 2010 Texas’ Most Endangered Historic Places. The selection was made by Preservation Texas, Inc., a statewide partner of the National Trust for Historic Preservation. Friends President Jan DeVault announced the launch of a $1 million statewide campaign to purchase and rehabilitate a 19-acre tract located outside the state-owned area, but within the battlefield. The Friends’ immediate goal is to raise $625,000 by June 1, 2010, to acquire this property, now owned by the estate of late Houston attorney John O’Quinn, to protect it from recently proposed development and industrial encroachment.

Upon John O’Quinn’s death everything concerning the law firm was moved into the O’Quinn Law Firm Trust with three co-trustees at the helm, Mr. Treece, C. David Towery and David L. Griffis.

To me “trustees” pretty much equals “bean counters” or better known as accountants with the task to get a stable bottom line and make hard decisions as to who stays and who goes.

I have been told by several who do not have the authority to speak on behalf of the firm or the Estate that since the first of the year about half of the lawyers and their support staff have left. Some who were in business on their own and merged with O’Quinn in the last decade have moved back into their own practices. Others have been laid off with the support staff laid off as well and “Severance Packages” as John O’Quinn had left the trustees of the firm’s trust to say who, how much and when. I believe there are a record number of lawyers without work already in Texas related to the recession, this will just increase those numbers.

The Will gives the trustees the sole power to “sell or otherwise dispose of all of the other assets of the Firm and make such employment decisions concerning any or all of the employees of the Firm including the payment of severance pay and make all decisions concerning any office or real property least obligations the Firm may have including the payment of sums to landlords to satisfy and/or compromise any outstanding obligations.” We know from a on the record comment by Mr. Neil McCabe to several sites that before the first of the year the Law Firm Trust, signed another five year contract on the office space. I have said before that makes sense because it could take 5 to 7 years to tidy up what is owed and to whom.

So what has happened in the last couple of weeks? I have been told by a source familiar with the firm that Don Clark had left the firm because he had been in the right place at the right time to be offered a job as a anti-terrorist consultant to a major import – export firm that uses the Houston Texas port. At the time we learned of this we had been asked not to share that and when people share things off of the record to us on any of the suits we are following we honored that. Although many times it has meant we lost the “exclusive” label or “First to Report”, however you build up good sources by keeping those promises and gaining the trust of a lot of people who will give you a look inside of a case, trial etc. After we confirm that on Topix the rumors that yes Mr. Clark had departed, we began to work our sources for on the record comments, and that can take days. We have now learn that Mr. Clark will remain with the Estate of O’Quinn working directly under Gerald Treece as a consultant during this transition time. I am sure if the firm ever needs his service he will do it as a independent consultant.

Those that have left the O’Quinn Law Firm since the first of the year as well as those familiar with the plans for the future of the Firm have stated we need to watch the firm for more surprising announcements as to what “new” turns the Firm will take over the next six months.

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site.

©Rose Turner
February 10, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy

Tags: Anna Nicole Smith, Auto Week, breast-implant litigation, Celebrity Trials, Chronicle's Mary Flood, Classy Classic Cars LTD, Daniel Smith, Dannielynn, Darla Lexington, Don Clark, Don Clark ex-FBI, Estate of John O'Quinn, Fortune magazine, Gerald Treece, great recession, High Profile Trials, Jan DeVault, Jimmy Williamson, John O'Quinn's Classic Car Collection, John O'Quinn's Will, Ken Daugherty, lawyer from hell, MARY FLOOD, midst of the great recession, Neil McCabe, O'Quinn Law Firm Trust, Overstock.com, RM the auctioneer, Ron Stein, San Jacinto Battleground, silicon implant case, Southwest School of Law, T. Gerald Treece, Terry Scarborough, Texas Tort Reform, the John M. O’Quinn Foundation, The O'Quinn Law Firm, The O’Quinn Law Firm Trust, Tort Reform, world-class collection

John O’Quinn has been as complex in death as he was in life. There are no simple answers or simple liquidation of his assets and as a lawyer bigger then Texas itself that is how it should be.

The name of O’Quinn will continue to circle for I predict five to seven years. Mr. Neil McCabe of the O’Quinn Law Firm told me on the record a few months ago, that the Law Firm had just signed a new five year lease. John O’Quinn was not a stupid man, in fact all who knew him or went up against him in court are in agreement he was one of the smartest litigators as Texas will ever see again, or the U. S. for that matter.

O’Quinn’s tragic death in October 2009 has created gossip, a rush to read his Will, and attempting to get a quote from the Executor of the Estate or the board members of the John M. O’Quinn Foundation. However the Executor or Board of Directors have given few quotes on the record which leaves us scrambling for answers, especially for those of us in adversarial roles in lawsuits with the O’Quinn Law Firm.

The Estate is being handled by a life long friend, T. Gerald Treece. Mr. Treece was of counsel to the O’Quinn Law Firm before O’Quinn’s death. Treece wrote the formal obituary and gave a moving eulogy by all accounts at the funeral of O’Quinn. Mr. Treece also is an assistant dean at Southwest College of Law, counsel to the president of the law school, and instructor at the law school as time permits.

Upon John O’Quinn’s death everything concerning the law firm was moved into the O’Quinn Law Firm Trust with three co-trustees at the helm, Mr. Treece, C. David Towery and David L. Griffis. They are to make all decisions for the slow dissolution of the firm, and those of us who live in Texas know full well that a civil suit in Texas can last from five to seven years. Mr. O’Quinn would not have those pending suits with money due him hanging in the wind so to say. Just like the Overstock.com lawsuit he was heading to a mediation meeting with a fellow lawyer on the day of his death, there are many pending lawsuits that owe Mr. O’Quinn’s Estate, O’Quinn’s share of the winnings, or the debts if that is the case.

The complex John O’Quinn remains just that from a loving Super Bowl Sunday to his prize cars owned by Classy Classic Cars LTD, which Darla Lexington, Mr. O’Quinn’s long time partner and described as the love of his life is president.

This week before the Super Bowl, Dexter Manley, nicknamed the “Secretary of Defense”, has been given the showy championship ring he won as a Washington Redskin on Jan. 30, 1983, back from the Executor of O’Quinn’s Estate on behalf of the Estate. In an interview with Houston Chronicle, Mary Flood, Treece shared that O’Quinn had given him the super bowl ring with explicit instruction on how and when to return the ring.

Manley had an illustrious eleven year football career, mainly with the Washington Redskins before being banned from the game permanently for the use of Crack Cocaine.

“During one of many relapses in 1998, Manley walked into a pawn shop in the southwest part of Houston. Low on cash, on the verge of eviction, he took the first of two Super Bowl rings he won in Washington and gave it to the man behind the counter; he walked out with $5,000, which soon disappeared in puffs of white smoke.” John O’Quinn heard the story and without Manley knowing it went to the same “pawn shop about a year later to find the ring had not yet been sold he handed over the $15,000 resale value in cash”.

Manley continued his descent into addiction and O’Quinn held on to the ring, saying when Manley got sobered he could have the ring back and so it went for ten years. When asked Manley would say, “See, in order to know your history, you got to know yourself. I knew myself enough to know someone else needed to have that ring then.”

Per the Washington Post interview with Manley’s wife she said; “John kept telling him he gave it to me on the plane that day and finally I said to him, ‘Dexter, you know John has it, I said, He’s not giving it back to you yet because he doesn’t believe you’re whole. He still thinks the ring needs to be safe. …At one point O’Quinn told Lydia, during one of Dexter’s relapses, ‘Don’t stop talking to him. He might not hear everything. But he hears something. We all hear something.’ What few people knew at the time is that O’Quinn was fighting his own addiction with alcohol one he beat, so he knew of the demons of addiction and “the destructive things the disease make you do. …He would only give the ring back if Dexter was now sober and healthy,” said Lydia, whose husband has not had a relapse since June 16, 2006. “That was real important. He, [Treece], asked me that about four times. …And you know what? He, [O’Quinn] fulfilled his purpose. He kept that ring safe. He kept that ring safe until Dexter could keep himself safe.”

The interview went on to say that Manley; “About a week after his death Dexter called Treece, the executor of O’Quinn’s estate, to share condolences. ‘The first time I smiled after John’s death, Treece recalled. Dexter was so much like John — a golden heart who would do anything for anybody.”

Near the end of the conversation Manley asked if Treece knew where his super bowl ring was and it was then that Treece said he had instructions from O’Quinn about the ring and he needed to talk to Lydia, Manley’s wife. Lydia Manley picked the ring up on Wednesday night at the law school office of Treece. While looking at it she mused; that “she liked that it was a little tarnished, but still just as valuable. It’s not all shiny right now, it’s just as it should be. It’s got a little wear on it.”

So today as we all watch the Super Bowl a sober Dexter Manley will have his super bowl ring with him; “This day is bittersweet,” said Lydia Manley, happy her husband deserves the ring back after being sober since 2006 but sad O’Quinn isn’t around to see that day.” Manley said of getting his ring back, “I can be trusted now; I’m safe, it, [the ring], may be best in my wife’s capable hands.”

I will be looking at the crowd Sunday afternoon here in my home as millions of us tune in for the Super Bowl and thinking about that tarnished ring, probably shined and sparkling as it should be by this day. It is 18-carat solid gold, heavy and gaudy. On its crown is a diamond-encrusted football with burgundy backing. One side is engraved with the Roman numerals XVII and the words “Super Bowl.” Under the words “Hail to the Redskins” are the Lombardi Trophy and the Capitol. Engraved on the other side is “MANLEY,” which sits above a Redskins helmet and his No. 72.

I believe a part of O’Quinn will be there with Manley sharing the common love both men had for the other and both understanding the tough road to sobriety. A very complex man, Mr. O’Quinn was.

Part two will be put up after the Super Bowl and will deal with the rumor car sales and what happens now with the Estate of John M. O’Quinn.

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site.

©Rose Turner
February 7, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: C. David Towery, Celebrity Trials, Classy Classic Cars LTD, Crack Cocaine, Darla Lexington, David L.Griffis, Dexter Manley, Dexter Manley #72, diamond-encrusted football, Executor of John M. O'Quinn's Will, Executor of O’Quinn’s Estate, Hail to the Redskins, High Profile Trials, Houston Chronicle, John M. O'Quinn's Will, John M. O’Quinn Foundation, John O'Quinn, John O’Quinn’s death, Lombardi Trophy, Lydia Manley, MANLEY, MARY FLOOD, MARY FLOOD - HOUSTON CHRONICLE, Mr. Treece, Neil McCabe, Overstock.com, Overstock.com lawsuit, Overstock.com litigation, pawn shop, Redskins helmet, rumor car sales, Secretary of Defense - football, Southwest College of Law, southwest part of Houston, Super Bowl, super bowl ring, Super Bowl Sunday, Super Bowl XVII, T. Gerald Treece, The John O'Quinn Law Firm, The O'Quinn Law Firm, The O'Quinn Law Firm Trust, Washington Post, Washington Redskins

For Such a complex man who won at any cost, especially if it became personal for him, as in the Howard K. Stern and L. Lin Wood situation involving the late Anna Nicole Smith and overlapping lawsuits, that era comes to an end and is for history books to decide.

In the end, John O’Quinn left a simple Will that even outlines how the John O’Quinn Law Firm is to be dissolved by the three trustees, T. Gerald Treece, C. David Towery and David L.Griffis including deciding the amount of severance package for his employees.

It is as if he winked at the world and with a smile wanted to be remembered for his charity giving and his car collection and did not want any firm to carry the name of John O’Quinn as part of the titled.

I expect on existing cases the firm will meet filing deadlines while they wrap up cases, places them with other firms and/or lawyers. The one condition Mr. O’Quinn made in reference to which firms should get those cases is that the three trustees have no interest in those firms.

In the end the good-bye and how he wanted to be remembered has left all Texans who knew about this legend of a man feeling surreal. John O’Quinn bigger than life at the end just smiled, winked and walked into eternity.

October 30, 2009 John O’Quinn 2 pages of the Will that dissolves his Law Firm and liquidates all of the sources after expenses paid including any long term leases owed for office space and transfers the assets to the John M. O’Quinn Foundation. It provides for severances packages at the sole discretion of the three trustees that are to dissolve the firm.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2624.

October 30, 2009 John O’Quinn’s simple 22 page Will that dissolves his law firm and puts all assets personal and those left over after the law firm collects and pays claims including leases or to be moved and administered by the John M. O’Quinn foundation.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2625.

We here at Rose Speaks.com extends our deepest sympathies to the John O’Quinn Law Firm family, who must still be walking and navigating as if the world has become surreal. A few of the firm had been with Mr. O’Quinn for close to 17 years, however most of the seventeen lawyers left have been with the firm only a few years for the most part less than five years.

©Rose Turner
November 4, 2009
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: Anna Nicole Smith, C. David Towery, Celebrity Trials, Daniel Smith, Dannielynn, David L.Griffis, Don Clark, Don Clark ex-FBI, High Profile Trials, Howard K Stern, John O'Quinn, L. Lin Wood, Lin Wood, Luke Lantta, Neil McCabe, T. Gerald Treece, The O'Quinn Law Firm, Virgie Arthur