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"moving forward and * * * under control". Mr. Lippert also
discussed with the decedent how to provide liquidity to pay
estate taxes on death. After the decedent's death,
Mr. Lippert was surprised to learn that the testamentary
trust created under the decedent's 1986 will was not
eligible for the marital deduction.
The decedent's 1986 will was admitted to probate on
May 5, 1988, before the Superior Court of California,
County of Los Angeles (referred to herein as the probate
court). Initially, the coexecutors, Messrs. David and
Richard Rapp, retained Mr. Clark to handle the probate of
the decedent's estate. As the proceedings went on,
however, they became displeased with Mr. Clark's handling
of the estate. They grew dissatisfied with the time it
took Mr. Clark to file required papers, and they felt
uncomfortable with some of the advice that he gave to them.
They also became aware that the decedent's 1986 will would
require the payment of substantial Federal estate taxes.
Mr. Richard Rapp felt that Mr. Clark was uncooperative and
was more concerned with avoiding a malpractice suit than
with settling the estate's problems. Further, Mr. Richard
Rapp was unhappy because Mr. Clark threatened to withdraw
as counsel for MTSS in a litigation matter if he were
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