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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,
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