- 13 - On June 10, 2003, the Court received a second letter from Mrs. Wolfe, advising that she had not signed or authorized the June 4 response to the Motion for Entry of Decisions on her behalf or on behalf of WFO. We set a hearing in Washington, D.C., to determine the person authorized to represent WFO and to receive evidence with respect to respondent’s Motion for Entry of Decisions. III. Hearing At the hearing, Mr. and Mrs. Wolfe, Messrs. McCarthy and Brant,5 and Mr. Neubeck6 testified.7 In light of the unsettled question of the then-authorized representative of WFO, we permitted both Mrs. Wolfe and Mr. Mansour to present whatever argument and evidence each wished on behalf of WFO. Mrs. Wolfe and Messrs. Brant, McCarthy, and Neubeck all testified consistently with the facts found above. Mrs. Wolfe 5 We ruled that Mr. Wolfe and Mrs. Wolfe (on her own behalf and on behalf of WFO) had waived any attorney-client privilege by voluntarily testifying about communications they had with their attorneys regarding the settlement process, see State v. Post, 513 N.E.2d 754, 761 (Ohio 1987), and ordered Messrs. McCarthy and Brant to testify regarding those conversations, see Ohio Code of Profl. Resp., DR 4-101(C)(2) and (4) (1998). 6 To enable Mr. Neubeck to testify as a fact witness, respondent obtained different counsel (John A. Freeman) for that portion of the hearing concerning enforcement of the settlement. 7 Several days after the hearing, Mr. Mansour, as WFO’s purported representative, moved to reopen the evidentiary hearing so that he could testify. Despite having the opportunity at the hearing, Mr. Mansour failed to call himself as a witness when he presented WFO’s case. We accordingly denied his motion.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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