Jerry and Patricia A. Dixon, et al - Page 146




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          of his settlement, Mr. Cravens could not win or lose and would              
          not need an attorney to represent him at the trial of the test              
          cases.  In so doing, Mr. McWade foreclosed the possibility that             
          the Cravenses would become clients of Chicoine and Hallett, and             
          later, of Mr. Izen, and thereby reduced the effectiveness of                
          Mr. Cravens' presentations to the Court from the point of view of           
          all petitioners.  The likelihood that Mr. Cravens would have                
          informed counsel for test case petitioners that his cases had               
          been settled was also thereby reduced.                                      
               Mr. Cravens relied upon Mr. McWade's advice and appeared at            
          the trial of the test cases without counsel, whereupon he was               
          informed by Mr. McWade that he would enjoy the better of the Tax            
          Court decision in the trial of the test cases or the previously             
          arranged settlement agreement.  We have no doubt that Mr. Cravens           
          would have been better prepared and would have offered a more               
          complete case had he been represented by counsel at the trial of            
          the test cases.  At a minimum, counsel could have assisted                  
          Mr. Cravens in completing his testimony regarding his motivations           
          for participating in Kersting programs and his belief that his              
          promissory notes were valid.                                                
          During the trial of the test cases and thereafter, Messrs.                  
          Sims and McWade intentionally misled the Court and the remaining            
          test case petitioners regarding the status of the Thompson and              
          Cravens cases.  Messrs. Sims and McWade consciously continued               
          their efforts to mislead the Court during the evidentiary hearing           
          by denying that the Thompson settlement was a vehicle for paying            

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