Estate of Lucille Abbott Sexton, Deceased, Ann Sexton Peterson, Executor - Page 10




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          consulting position with respondent and that Mr. Harkavy had                
          prepared an expert witness report for Appeals.  An attorney in              
          Mr. Klinghoffer’s office, who was handling the McGuire Partners             
          case, asked Mr. Klinghoffer about Mr. Harkavy.  Mr. Klinghoffer             
          explained that Mr. Harkavy was “doing a very good job for his               
          client.”  After becoming aware that Mr. Harkavy had been hired as           
          an expert witness for respondent, Mr. Klinghoffer inquired of Mr.           
          Harkavy whether he had informed the estate of his employment.               
          Mr. Harkavy told Mr. Klinghoffer that he had informed the client.           
          Respondent’s attorney on the McGuire Partners case decided not to           
          use Mr. Harkavy as an expert witness, and a different attorney              
          was hired as an expert.  Respondent’s attorney’s reason for not             
          using Mr. Harkavy had nothing to do with the fact that Mr.                  
          Harkavy represented the estate or with whether he may have had a            
          conflict of interest.                                                       
               Mr. Harkavy did not believe that he had a conflict of                  
          interest in representing the estate at the same time he performed           
          consulting work with respondent.  He completed the first part of            
          his consulting contract on or before February 1999, and his                 
          active consulting work ended approximately July 1999, almost 6              
          months before the December 1999 settlement was rejected and more            
          than a year before Mr. Harkavy executed the stipulation decision            
          in this case.  Mr. Harkavy submitted his final invoice to                   
          respondent for the consulting on August 16, 1999.  Mr. Harkavy’s            






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