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requests by telling petitioner that his money was being used to
cover the costs in the store manager case. Petitioner’s requests
for the $2,500 balance of the settlement due to him all were
oral. He never wrote to Mr. Davis to request payment of these
funds.
Mr. Davis asserts that petitioner agreed that he should
retain $2,500 of the amount due to petitioner from settlement of
the lab manager case to help fund the litigation of the store
manager case. Mr. Davis explained that he was “ready, willing
and able” to send petitioner his $2,500 if petitioner sent him a
letter requesting the money and a release of any claim for
compensation for assisting with the store manager case. Mr.
Davis acknowledges that he and petitioner never entered into a
written agreement allowing Mr. Davis to retain the $2,500 due to
petitioner.
The record here shows that petitioner was entitled to a
settlement payment of $15,000 and that the entire amount was paid
to petitioner’s attorney, Mr. Davis. The attorney paid $12,500
to petitioner and retained $2,500. He explained to petitioner
that petitioner had “an additional $2,500 coming from costs to be
recovered” and that petitioner was a participant in the store
manager case. At the time of this explanation, the entire
$15,000 amount already had been paid to the attorney. The
settlement agreement included a general release of all
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