Jerry and Patricia A. Dixon, et al - Page 296




                                       - 88 -                                         

               By letter dated January 29, 1988, Mr. Chicoine sent                    
          Mr. Kersting copies of proposed stipulated decisions reflecting             
          settlements that Mr. Chicoine had negotiated with Mr. McWade in             
          three Kersting cases.42  Mr. Chicoine stated that Chicoine and              
          Hallett were obliged to inform all Kersting program participants            
          who had retained his firm that Mr. McWade was continuing to offer           
          settlements despite Mr. Kersting's misrepresentations in his                
          letters to Kersting program participants that no settlement was             
          being offered.                                                              
               By letter dated February 5, 1988, John A. Strait, Associate            
          Professor of Law at the University of Puget Sound School of Law             
          (Professor Strait), responded to Chicoine and Hallett's request             
          for an expert opinion regarding their ethical obligations as                
          counsel in the Kersting project.  Professor Strait advised                  
          Chicoine and Hallett that the firm did not have an attorney/                
          client relationship with, or owe attorney/client duties to,                 
          Mr. Kersting, but that Chicoine and Hallett did have an                     
          attorney/client relationship with the test case petitioners as              
          well as the nontest case Kersting program participants who had              
          sent Chicoine and Hallett the $550 retainer and authorization               
          forms.  Concerning the nontest case clients, Professor Strait               
          concluded that Chicoine and Hallett were obliged to "evaluate               
          settlement proposals and to transmit to them your recommendation            


          42  Mr. Chicoine's letter identified the taxpayers as                       
          Muller, Lipsky, and Mellows.  The record does not reflect the               
          terms of the settlements in these cases.                                    

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