Jesse M. and Lura L. Lewis - Page 11

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               The Thompsons had previously hired another attorney, Samuel            
          M. Huestis (Mr. Huestis), to prepare an estate plan for them.  In           
          a letter dated October 28, 1986, Mr. Huestis expressed concern to           
          Mr. Seery about Mr. Seery’s apparently close association with Mr.           
          Kersting.  Mr. Heustis said Mr. Seery could be viewed as having a           
          conflict of interest between Mr. Kersting and the participants in           
          the Kersting programs, and that any resulting harm to the                   
          Thompsons could result in an action against Mr. Seery for                   
          “professional negligence”.  On October 31, 1986, Mr. Seery filed            
          a motion to withdraw as counsel for the Thompsons in their                  
          docketed cases, which the Court granted.                                    
               In ruling on a subsequent motion, Judge Goffe observed that            
          Mr. Seery might have a conflict of interest if he represented               
          both petitioners and Mr. Kersting.  Mr. Seery subsequently filed            
          motions to withdraw as counsel in the Kersting project cases                
          (both test cases and nontest cases), citing concerns about a                
          possible conflict of interest.  The Court granted Mr. Seery’s               
          motions.9                                                                   

               9On Nov. 7, 1986, Mr. Seery had filed a motion to change the           
          place of trial of the test cases from Maui to Honolulu.  Mr.                
          Seery asserted that a trial in Maui would be inconvenient and a             
          hardship to Mr. Kersting, who lived and operated a business in              
          Honolulu.  On Nov. 14, 1986, the Court denied that motion, noting           
          that the motion “implies that * * * [Mr. Seery] represents not              
          only petitioners but also Henry Kersting, the promoter of the tax           
          shelters which are the subject of this litigation.”  The Court              
          went on to observe that, if Mr. Seery were representing both Mr.            
          Kersting and petitioners, the dual representation would                     
          constitute a conflict of interest.  The Court attached to the               
                                                             (continued...)           




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