Dietz

I.

INTRODUCTION

In January 2004, Attorney William K. Dietz filed this action against Meisenheimer & Herron and Meisenheimer, Herron & Steele (Meisenheimer). In his complaint, Dietz alleged that he referred a bad faith insurance litigation matter involving Vital Services Company Inc. (Vital) to Meisenheimer. Dietz further alleged that Meisenheimer breached an agreement between Meisenheimer and Dietz to pay Dietz 25 percent of any contingency fee that Meisenheimer might receive in the Vital matter. Dietz contended that he suffered damages in excess of $260,000 as a result of this breach. Dietz subsequently filed an amended complaint in which he added an allegation that he was a third party beneficiary of a fee agreement between Vital and Meisenheimer, and that Meisenheimer had violated Dietz’s rights as a third party beneficiary by failing to pay Dietz his portion of the contingency fee from the Vital matter. Dietz also alleged several related claims, including fraud, money had and received, and conversion.

Prior to trial, Meisenheimer filed a motion for a protective order in which it requested that the court dismiss Dietz’s action on the ground that Meisenheimer could…