Dolan v. Heinrich

Breach of Contract

San Francisco County

Superior Court Judge Richard B. Ulmer Jr.

Plaintiff’s Lawyers: Christopher B. Dolan, Aimee Kirby, Dolan Law Firm

Defense Lawyers: Donna M. Rutter, Rutter Law Group; Richard J. Simons, Furtado Jaspovice and Simons ALC

Prominent plaintiff’s attorney Christopher B. Dolan secured a $1.7 million verdict in December against two of his firm’s former attorneys who quit to start their own shop. Dolan acknowledged to jurors that any lawyer who represents himself is said to have a fool for a client but said he felt compelled to frame what he felt was a betrayal by two former, trusted employees.

“They were trying to make the case about me, and I wanted the jury to have the opportunity to see me and see the work that I do has value because of who I am,” Dolan said. “I also think I’m a good lawyer.”

He represented himself during the entire trial, except when Aimee Kirby of his firm questioned him during his own testimony against Marjorie Heinrich, the former managing attorney of The Dolan Law Firm’s Oakland office, who left with attorney Ethan Wimert in 2015 to start her own firm, Heinrich Law P.C.

Dolan hired Heinrich to assist in establishing, opening and managing The Dolan Law Firm’s Oakland expansion as a senior associate in 2008.

“This verdict is precedent-setting because it establishes that our work is valuable and proprietary,” Dolan said. The plaintiff’s attorney claimed the duo used company time to collect trade secrets as well as copy research materials and advertisement strategies.

Rutter Law Group and Furtado Jaspovice and Simons ALC, representing the defense, claimed Dolan was abusing the court system and also had experts testify that none of the information their clients took was proprietary.

“Dolan’s motives and intent in filing this lawsuit were vindictive and personal,” wrote Heinrich’s defense attorney Richard J. Simons in a trial brief. The defense filed a motion for a new trial in January, claiming irregular court proceedings prevented a fair trial and led to excessive damages, but the two sides resolved the case shortly thereafter. Dolan v. Heinrich et al., CGC-16-549954 (S.F. Super. Ct., filed Jan. 19, 2016).

— Winston Cho