- 12 - The undersigned copied the Petitioner’s file, mailed same to Mr. Lehotsky, and prepared and mailed a Notice of Substitution to the Tax Court indicating that Mr. Lehotsky would be representing the Petitioners. The undersigned also called Mr. Lehotsky and left a detailed message regarding the status of the case and inviting him to call the undersigned on his cell phone should he desire to discuss the case. Thereafter the undersigned closed his office and left town for a two week vacation. Upon returning it was discovered that the under- signed’s Notice of Substitution of Counsel had been returned and stamped “Not admitted U.S. Tax Court”. The undersigned again left a voice mail message for Mr. Lehotsky and forwarded discovery requests to his office address. After having had no reply from Mr. Lehotsky the undersigned contacted Mr. Binge and advised that his office had been in contact with Mr. Lehotsky and that they had assurances that the [sic] would be admit- ted to practice in the Tax Court or would co-counsel with another attorney admitted to practice who would shortly enter an appearance. The undersigned cautioned Mr. Binge about the importance of timely complying with discovery and the sanctions that could be imposed for failure to comply. On September 4th [2001] the undersigned received District Counsel’s Motion to Compel and very shortly thereafter the Court’s Order directing petitioner to respond to the Motion to Compel and the undersigned to file a motion to withdraw as counsel on or before September 13th [2001]. The undersigned contacted Terry Bentivegna, an assistant to James Binge, who advised that he was contacting Mr. Lehotsky who would take care of the matter. After having not had any communication with Mr. Lehotsky the undersigned contacted Mr. Binge on Friday the 7th [of September 2001] and related the urgency of complying with discovery and the possible sanctions for failure to comply. Mr. Binge indicated that he was about to go out of town for a conference and that he would have to attend to the matter when he returned to the office on Tuesday. As a result of the Court’s Order requiring a reply by the 13th [of September 2001] and Mr. Binge’s inability to address the situation until the 11th [of September 2001] the undersignedPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011