-12- Mr. Gazi to find local counsel in Baltimore, where the cases were set for trial. Mr. Gazi contacted Mark E. Kell, a Baltimore tax attorney. In a meeting with Mr. Gazi on May 6, 2003, Mr. Kell laid down three conditions that needed to be satisfied before he would agree to represent petitioners in these cases: First, he would not represent petitioners unless continuances were granted in these cases because “I’m not taking a case that’s been around for seven years 10 days before trial.” Second, he required petitioners to pay him, in advance, a $20,000 fee. Third, he required an opportunity to review the files to see if petitioners “have a case”. Mr. Gazi telephoned Ms. Miller from Mr. Kell’s office and left a voice message requesting Ms. Miller to contact Mr. Kell. Mr. Gazi also told Mr. Kauffman that he was meeting with and retaining Mr. Kell. Subsequently, Ms. Miller and Mr. Kauffman learned that Mr. Kell did not intend to enter these cases unless they were continued. Shortly after the initial meeting with Mr. Kell, Mr. Gazi paid him $500. Mr. Kell told him that he could not accept the $500 to start working on petitioners’ cases but agreed to accept it as partial payment for time he had already spent on their cases. Petitioners never paid Mr. Kell the remainder of the requested advance $20,000 fee. Mr. Kell never entered an appearance in these cases. Nevertheless, sometime before May 7,Page: 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