Gerry Spence v. James R. Clary

I. BACKGROUND

Spence opened the Gerry Spence Trial Lawyers College (TLC) at the Thunderhead Ranch in 1993. Dkt. 1-4 (Compl.) ¶ 1. Spence is a 92- year-old attorney. ¶ 17. TLC is a 501(c)(3) nonprofit corporation “providing continuing legal educational services and conducting seminars and other training programs for lawyers and judges.” Id. ¶ 28. In 1975, Spence bought the Thunderhead Ranch, where TLC operated, and bred cattle there until 1993. Id. ¶ 3. In 1965, Spence drew a brand that he used for twenty-four years to identify the Thunderhead Ranch and his livestock. Id. ¶ 4. On December 2, 1965, Spence registered the brand, three clouds with a lightning bolt near the top, with the State of Wyoming. Id. ¶ 6. Defendants Clary, Sloan, Cole, and Grimes are attorneys who have served on TLC’s board of directors. Id. ¶¶ 19-22. Defendants “advis[ed] [Spence] on financial and legal matters,” and Spence “relied on them to protect his interests and keep him fully informed of all material facts concerning the Thunderhead Ranch and the Trial Lawyers College.” Id. ¶¶ 35-36. On January 17, 2012, “lawyers, at the behest and direction of Defendant Clary, falsely represented to the…