- 10 - 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’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011