Estate of Philip Meriano, Deceased, Anita Panepinto, Administratrix - Page 55

                                       - 55 -                                         
                    A  This particular bill was actually never mailed                 
               to the client.  Mr. Switkay and I were going back and                  
               forth on some things and I had sent him this bill.                     
                    I had never actually looked at what the billing                   
               rate was on it.  Sometime in -- I think it was probably                
               even this summer, we re-ran this same bill and when we                 
               ran the bill the time frames went considerably beyond                  
               this.  I think the last time slip on this one is                       
               November of '93.  They went into '94 and the '94 time                  
               slips had the 225 on them, so the discrepancy picked up                
               between the two of the time rates, the 225 and 150 an                  
               hour.                                                                  
                    We then went back in and adjusted the slips that                  
               had the wrong billable rate on them, and when we                       
               actually submitted a bill to the client we submitted it                
               with the proper billable rate.                                         
                    Q  So the document was a mere draft?                              
                    A  It was a draft for our discussions with the                    
               Internal Revenue Service.  At that point we were                       
               talking about a settlement of the entire issue.                        
                    This was a draft and it also had on it some                       
               notations about projected additional time and things of                
               that nature.                                                           

               We do not credit Tupitza's testimony.  Having observed him             
          as a witness and after having thoroughly reviewed all the                   
          evidence, we are convinced that Tupitza agreed to charge the                
          estate $150 per hour for his legal services, and we so find.                
               During the last day of trial, the Court briefly examined               
          Exhibit 47 and noted that the Tupitza law firm had billed the               
          estate $115,535 for legal services allegedly performed by Scott.            
          When the parties informed the Court that they had no further                
          evidence to submit at trial, the Court called Scott as a witness            






Page:  Previous  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  Next

Last modified: May 25, 2011