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At the commencement of the trial of this case, the parties
filed a Joint Stipulation of Facts. Attached to the joint
stipulations was, inter alia, Joint Exhibit 17-Q (17-Q). Tupitza
identified 17-Q as a computerized printout of a bill for legal
services performed by his law firm for Panepinto as
administratrix of the Meriano Estate, covering the period August
20, 1990, through December 9, 1994. The total bill was for
$197,008.40 and was based, in part, on an hourly fee of $225
attributable to the legal services performed by Tupitza. It also
showed:
Date Payment
8/13/93 $500.00
12/10/93 150.00
12/15/93 450.00
4/4/94 5,000.00
10/10/94 2,000.00
Total Payments 8,100.00
Balance Due 188,908.40
A considerable portion of 17-Q was marked through and the Court
instructed petitioner to submit a "clean" copy of the bill
presented to the estate by the Tupitza law firm.
On December 7, 1994, the third and final day of trial,
petitioner introduced into evidence Exhibit 47, a "clean" copy of
17-Q. Exhibit 47 did not contain the first three pages of 17-Q.
Exhibit 47 showed some costs in addition to those shown on 17-Q
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