PicoBlog

I had vowed to take a break from writing about Moseley and MMA after my last post. There are other pressing matters in Houston that need attention. I have noticed that my posts often bring in new info, some of which needs to be shared while it's fresh. So, here's an update on the story about Zach Moseley that I published today.

On October 18, 2023, John “Zach” Moseley registered a new LLC with the Texas Secretary of State. The firm is named “The Storm Firm LLC”. The registered address is the same address that Moseley is currently using for service in the only lawsuit he is currently working on in Harris County. This is relevant for a few reasons.

As you know, there are many lawsuits against Moseley, his partner, James McClenny and the MMA Law Firm. Many questions have been raised regarding the fate of the money raised by the firm, from which it may have illegally profited. Also, there are concerns about the funds received from insurance claims intended for victims. In December of 2023, a Harris County District Court granted a temporary injunction against any profits received by MMA on certain claims.

I want to emphasize clarity here. While I'm not alleging that Moseley is utilizing the new LLC as a means to redirect funds from MMA, the situation does prompt scrutiny as there is a consistent lack of transparency with Moseley (and McClenny).

Secondly, it is important to address the name of the newly registered entity. Even though there is no evidence or proof that they are doing business under the name, a reasonable assumption could be made that Moseley is using this entity to practice law. That brings up a few issues worth considering.

It is a fact that MMA is still operating in states outside of Texas and they still have a web presence indicating that they are based in Texas. If I were to search the internet for “storm firm llc texas” then I would find this:

If I were to click on the first link I would be directed to this website:

This is the website of a litigation and appellate law firm founded by Eric Storm in Austin. It is not “The Storm Firm LLC”. It is “The Storm Law Firm LLC”. The difference is one word. They are not in the same jurisdiction in Texas but they both are, indeed, in Texas.

Consider Zach's past clients: primarily individuals affected by storm-related home damage. Now, imagine you're in a similar situation outside Texas, approached by someone loosely connected to a company called 'The Storm Firm LLC.' Upon searching 'Storm Firm LLC Texas,' there's a chance of linking Moseley with this entity. Just to be sure, I contacted Eric Storm, the owner of “The Storm LAW Firm LLC”, and he had never heard of Zach Moseley.

Zach’s profile on the Texas Bar’s website shows this:

The address is the new address at Drew Bivona’s law firm. I reached out to Bivona to ask if he shared expenses with The Storm Firm LLC and as of publishing time, he had not replied. Granted, I only learned of this within the last few hours so he didn’t have much time to respond.

The registration with the State Bar indicates that Moseley is still working with MMA and doesn’t mention “The Storm Firm LLC”.

According to Rule 701 of the Texas Disciplinary Rules of Professional Conduct:

A lawyer in private practice shall not practice under a trade name, a name that is misleading as to the identity of the lawyer or lawyers practicing under such name, or a firm name containing names other than those of one or more of the lawyers in the firm, except that the names of a professional corporation, professional association, limited liability partnership, or professional limited liability company may contain “P.C.,” “P.A.,” “L.L.P.,” “P.L.L.C.,” or similar symbols indicating the nature of the organization, and if otherwise lawful a firm may use as, or continue to include in, its name the name or names of one or more deceased or retired members of the firm or of a predecessor firm in a continuing line of succession.

Once more, there is no proof that Moseley is conducting business under this new entity titled “The Storm Firm LLC”. However, victims deserve answers. What action is the State Bar of Texas taking to ensure the quality of legal services is upheld? Why is Moseley able to operate without any disciplinary action in Texas? Will Moseley be permitted to continue operating as usual, showing complete disregard for client outcomes? Where is the money? How can we safeguard the residents of Texas? Who is monitoring developments in states beyond Louisiana and Texas? And finally, where is James McClenny and why has all of the focus been on Zach Moseley?

For my readers who are outside of Houston, please know that I specialize in local issues. For matters beyond this scope, it's best for someone else to step in. Matthew Monson has expertise in everything related to the MMA Law Firm and can offer much more insightful feedback on technical legal insight or issues beyond Harris County. As always, feel free to message me with questions or concerns.

Edit and Addendum:

The State Bar of Texas allows lawyers to practice law under a trade name that is not false or misleading. Texas was the last state to allow this and changed this in 2021. Trade names do not have to be registered with the Bar.

Zach Moseley hosted a meeting with his staff at MMA on March 6, 2023 detailing his intent to create a trade name. A contest was later held at the firm to come up with a new name. I just received photos from someone who administered the contest. I was unable to confirm what trade name was chosen.

ncG1vNJzZmisop7AqcPHoqucp52Xe7TBwayrmpubY7CwuY6pZpqmXaq9pa3TnmSopl2vrqS0jKamrJ2cmsY%3D