Jerry and Patricia A. Dixon, et al. - Page 61

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                    1986, Kersting informed the Thompsons he had turned their file                                                                                         
                    over to his own attorney for collection and further stated:                                                                                            
                              The day after you have allowed your attorneys to file                                                                                        
                              suit I will declare all notes which you have executed                                                                                        
                              to our companies in default and begin collection                                                                                             
                              proceedings.  * * *  The aggregate sum is well in                                                                                            
                              excess of $250,000.00, as you know.                                                                                                          
                                                   **        *         *         *         *         *         *                                                           
                              We will NOT provide legal assistance free of cost to                                                                                         
                              you any longer in US Tax Court proceedings.  You will                                                                                        
                              have to retain your own attorney to make an appearance                                                                                       
                              for you on February 9/1987 in US Tax Court.                                                                                                  
                              By letter dated August 24, 1986, Kersting notified Seery                                                                                     
                    that he expected to be in litigation with the Thompsons and                                                                                            
                    directed Seery not to “render any services, at our expense” to                                                                                         
                    the Thompsons.  On September 10, 1986, Huestis wrote to Seery,                                                                                         
                    notifying him that the Thompsons were seeking substitute counsel                                                                                       
                    and requesting their files.  On September 15, 1986, Seery sent                                                                                         
                    the Thompson files to Huestis and informed him that the Thompsons                                                                                      
                    were test case petitioners.  Seery indicated that he was                                                                                               
                    withdrawing as the Thompsons’ counsel.                                                                                                                 
                              On October 28, 1986, Huestis again wrote to Seery to express                                                                                 
                    dissatisfaction with the sufficiency of the Thompsons’ files and                                                                                       
                    to warn Seery that his earlier representation of the Thompsons,                                                                                        
                    while he was also apparently representing Kersting, could be                                                                                           
                    viewed as a conflict of interest and lead to an action for                                                                                             
                    “professional negligence”.  On October 31, 1986, Seery filed                                                                                           






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