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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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Last modified: May 25, 2011