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petitioner studied domestic relations law because he thought that
Michelle was being “cheated”, and he encouraged her to discharge
her attorney. In 1995 a divorce was granted, and Michelle
received primary custody of Ashley. Thereafter, by means of a
legal proceeding, Tad sought primary custody of Ashley. In order
to defend against Tad’s action, petitioner withdrew $30,000 from
his retirement account to pay part of the legal and professional
fees.
On April 20, 1996, petitioner and his daughter, Michelle,
entered into a written agreement under which petitioner agreed to
pay legal, medical, and other expenses incurred in connection
with Michelle’s claims against Tad in exchange for which Michelle
agreed to pay petitioner 30 percent of any residual recovery
received from Tad. The residual was payable only after payment
of Michelle’s and petitioner’s expenses. At that time Michelle
was indigent and without representation. On April 26, 1996,
after consultation with Attorney Daniel Murphy, petitioners,
through Attorney Murphy, intervened in the custody litigation
between Michelle and Tad. By intervening, petitioners sought
custody of their granddaughter Ashley. During October 1996,
Attorney Murphy also began representing Michelle in the custody
proceeding. During 1996 petitioner incurred $39,274 for legal
expenses including $26,691 in professional fees, $8,550 for
travel, and $4,033 in office expenses.
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