Jerry and Patricia A. Dixon, et al - Page 257




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               1.   The Thompsons                                                     
               In 1985, the Thompsons had retained Samuel M. Huestis                  
          (Mr. Huestis) to prepare an estate plan for them.  Eventually,              
          the scope of Mr. Huestis' representation was extended to include            
          settlement of the Thompsons' 1978 tax liabilities and their                 
          dispute with Mr. Kersting, as described infra pp. 56-67.                    
               One result of that dispute was Mr. Huestis' letter of                  
          September 10, 1986, to Mr. Seery, notifying him that the                    
          Thompsons were seeking substitute counsel and requesting the                
          Thompson files.  On September 15, 1986, Mr. Seery sent the                  
          Thompson files to Mr. Huestis and informed him that the Thompsons           
          were test case petitioners.  Mr. Seery indicated that he was                
          withdrawing as the Thompsons' counsel in the Tax Court.                     
               On October 28, 1986, Mr. Huestis wrote to Mr. Seery to                 
          express dissatisfaction with the sufficiency of the Thompsons'              
          files and to warn Mr. Seery that his earlier representation of              
          the Thompsons, while he was also apparently representing                    
          Mr. Kersting, could be viewed as a conflict of interest and lead            
          to an action for "professional negligence".                                 
               On October 31, 1986, Mr. Seery filed motions to withdraw as            
          counsel in the Thompsons' cases.28  The Court granted Mr. Seery's           
          motions in November 1986.                                                   




          28  Mr. Seery had entered his appearance only in the                        
          Thompson cases assigned docket Nos. 19321-83 and 31236-84, not              
          docket No. 30965-85.                                                        

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