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settlement document contained “the proper personal injury
language”. The attorney consulted with a certified public
accountant to obtain the precise wording. Lindsey’s counsel did
not negotiate over the terms of the allocation or object to its
inclusion in the agreement. The settlement agreement was
executed on August 8, 1992.
On August 14, 1992, Lindsey's insurer wrote a check payable
to CRI and petitioner in the amount of $400,000, and a check
payable to their attorney in the amount of $150,000. Petitioners
split the $400,000 check into money orders in the amounts of
$328,325.81 and $50,000 payable to petitioner and CRI
respectively, while taking the remainder in cash. Petitioners
deposited both of the money orders into Mrs. Burditt's personal
bank account.
Subsequent to the failed mediation petitioner also contacted
Halliburton through its counsel to explore settlement.
Previously, Halliburton’s outside counsel handling the litigation
had discussed settlement with an in-house lawyer at Halliburton.
The outside counsel outlined his views on settlement in a letter
to the in-house counsel dated May 11, 1992. In that letter,
outside counsel expressed his view that the trial court’s
granting of summary judgment in favor of Halliburton would
probably be reversed on appeal with respect to the gross
negligence and intentional tort allegations, with a remand for a
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