Nelson Mullins’ managing partner: Miles & Stockbridge owes me money, too

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A former Miles & Stockbridge PC attorney who left to become managing partner at another firm testified Tuesday he was not paid for his last two weeks of work at his former office and has not received his roughly $100,000 capital contribution.

Timothy A. Hodge Jr., now leading Nelson Mullins Riley & Scarborough LLP’s Baltimore office, was in Baltimore City Circuit Court as a witness for Donald E. English Jr., a former Miles & Stockbridge partner suing the firm for wage theft and breach of contract.

Hodge said he wasn’t exactly sure how much his contribution was because he has not received an accounting from Miles & Stockbridge. Matthew S. Sturtz, who followed Hodge from Miles & Stockbridge to Nelson Mullins, offered similar testimony, as did their colleague Michael E. Blumenfeld on Monday.

“Despite our requests, we have not received that information yet,” Hodge said, adding Miles & Stockbridge has not given “any explanation whatsoever” as to whether he will get that money.

A capital contribution is the amount of money a lawyer must give to the firm to become an equity principal. That money is used to run firm operations and the amount is typically decided based on income.

Mark S. Saudek, a lawyer for Miles & Stockbridge, asked both Hodge and Sturtz if they had disputes with Miles & Stockbridge.

“I’ll be honest with you Mr. Saudek, I’m not sure if I’m in a dispute with Miles & Stockbridge or not,” Hodge said.

Saudek also asked Hodge if the outcome in English’s case may have an impact on him, to which Hodge replied, “not necessarily.”

Hodge testified he knew about English’s pay dispute and he spoke about it with Nancy Greene, who was then a member of the firm’s board and is now chair. He said he told Greene that English should get the money he is owed so both parties can move on.

“She didn’t disagree with me,” Hodge said, describing Greene’s position as “let’s just get Donny (English) back what he’s owed.”

Hodge added he and Greene discussed the potential bad publicity for the firm to have an African American law partner not get paid if English brought his claim to court.

English resigned from Miles & Stockbridge last July after 13 years with the firm, the last four as equity principal. He is now a non-equity partner at Jackson Lewis PC in Baltimore.

A spokeswoman from Miles & Stockbridge has said the firm does not comment on pending litigation.

The trial will resume Monday in the case, Donald E. English, Jr. vs Miles & Stockbridge PC, 24C17004438.

Departure timeline

Hodge was one of four attorneys from Nelson Mullins in Baltimore who formerly worked at Miles & Stockbridge who are testifying for English. Eleven partners left Miles & Stockbridge in February to open Nelson Mullins’ Baltimore office.

On Tuesday, Saudek pressed Hodge on the timing of his departure from Miles & Stockbridge. Hodge had just been appointed to the firm’s board of directors and signed his agreement earlier this year, knowing that he was likely leaving the firm. He had also participated in duties as part of the firm’s compensation committee, according to Tuesday’s testimony.

Hodge said it was a “damned if I did, damned if I didn’t” situation. He wanted to sit down with the firm leadership and explain what he and a group of other partners were planning on doing, but the timing coincided with a celebration of then-chairman and CEO John B. Frisch, who stepped down from the roles in February.

“I own it, I take responsibility for it,” Hodge said. “I’m a business lawyer and I wanted to sit down and have a business discussion about it.”

“Instead you waited, you wanted to keep it a secret,” said Saudek, a partner at Gallagher, Evelius & Jones LLP in Baltimore.

On redirect, Kenneth Ravenell, one of English’s lawyers, asked if it was unusual for an attorney to change firms.

“Not in this day and age,” Hodge replied.

Hodge testified that he gave 30 days’ notice, as required by his employment contract, on Feb. 21. The following evening, a Thursday, Hodge was told he could not come back to the office but he convinced the firm to let him come in on Friday to finish some client matters. That day, the firm came in and packed up his stuff while he was in the office, Hodge said.

“They seemed like they wanted me to leave that day,” Hodge said.

He opened Nelson Mullins’ Baltimore office the following Monday.