Alexander & Cleaver sues former clients who hired lobbyists that defected

Alexander & Cleaver, a well-known Annapolis lobbying firm, is suing more than a half-dozen clients who bolted and hired lobbyists that had defected from the venerable lobbying practice.

Topping the list of former clients being sued is the Maryland Association for Justice, a trial lawyers association whose members are no strangers to tort litigation. The lawsuits filed in Prince George’s County Circuit Court are the latest courtroom dramas related to Alexander & Cleaver, which is suing a slew of former employees who started their own lobbying firm earlier this year.

In a statement, Ellen B. Flynn, president of MAJ, said Alexander & Cleaver filed suit seeking “payment for lobbying services that were not provided.”

Flynn could not be reached for comment Wednesday.

Alexander & Cleaver is suing the association for more than $282,000 plus interest and attorneys’ fees, citing breach of contract.

“Every client Alexander & Cleaver represents has an absolute right to leave us without prejudice so long as they pay us what they owe,” James Cleaver, a partner at Alexander & Cleaver, wrote in an emailed statement Wednesday. “Our contracts with our clients are considered engagement agreements. As such, the entire fee is due upon execution. Our contracts clearly state that. Once we enter into such a contract ethical rules prevent us from seeking or representing anyone with competing interests.”

Continued Cleaver: “Of the clients that left, a few left us owing money for the work the firm performed. In over 30 years of representing clients on government issues, Alexander & Cleaver have never before filed suit against a client. That is because our clients have always lived up to their end of the bargain.”

Neither Cleaver nor another firm representative would speak to a reporter and neither answered emailed questions.

The trial lawyers association left Alexander & Cleaver after exercising a 30-day termination clause shortly after lobbyist Hannah Powers and her husband, former state Sen. Robert Garagiola, and five others left the marquee firm to form Compass Government Relations.

In the statement, Flynn said the clause gave the lobbying firm “30 days to cure its inability to provide professional lobbying services that would meet (the Maryland Association of Justice’s) legislative needs. Thirty days came and went and MAJ never received a formal response to MAJ’s notice of termination.”

Flynn went on to say that Alexander & Cleaver failed to present a plan to represent the association.

“Plainly, (Alexander & Cleaver) was unable or unwilling to meet MAJ’s legislative needs, and A&C stopped providing any services to (the association) under the contract,” Flynn said in the statement.

MAJ is one of six entities being sued by Alexander & Cleaver. The other five are Terrapin Pharmacy, McAfee, Maryland Vapor Alliance, Mid-Atlantic Renewable Energy Coalition and the Montgomery County Career Fire Fighters Association.

The five are being sued in small claims court in Prince George’s County District Court for between $12,000 and $22,000 each. In each case, Alexander & Cleaver cites breaches of contract and unpaid bills for lobbying services rendered.

In his statement, Cleaver said the firm had decided to dismiss some suits.

“To those who complained about the service they received under our previous employees — we dismissed those lawsuits,” Cleaver said in his statement. “We have also dismissed the lawsuit against the Montgomery County firefighters. In short, Alexander & Cleaver continues to provide our clients excellent representation and act fully in their best interests.”

In one filing, Alexander & Cleaver is asking the court to order Maryland Vapor Alliance to pay $15,000 in unpaid fees.

By late Wednesday afternoon, the firm, in an email said it had “reached agreements” with McAfee and Mid-Atlantic Renewable Energy Coalition but did not provide details. None of the information provided by the firm could be confirmed in court records reviewed Wednesday afternoon.

Also being sued is Executive Alliance Inc., a former client of Alexander & Cleaver that has hired the Bellamy Genn Group, headed by Lorenzo Bellamy.

Bellamy, a former employee of Alexander & Cleaver, formed the firm with former Del. Gil Genn in September 2017.

The trial lawyers association is one of the largest clients to leave Alexander & Cleaver and join Compass Government Relations in the last year.

Luwanda Jenkins, who is both a lobbyist at Bellamy Genn and executive director of the Executive Alliance, said the organization does not owe Alexander & Cleaver for past services.

“It is unfortunate A&C is seeking payment for services they simply did not provide,” she said. “Executive Alliance fully paid for services until the contract was terminated in May of 2018. We contracted with Bellamy Genn in January of 2019.”

Powers Garagiola and five other lobbyists left Alexander & Cleaver a year ago. All six are currently being sued by their former employer, as is the former state senator, who was one of the top state lobbyists based on reported client fees.

Alexander & Cleaver is locked in a separate courtroom battle with Robert Garagiola.

Alexander & Cleaver has represented The Daily Record.