Jerry and Patricia A. Dixon, et al. - Page 72

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          1987 return to files without examining it or transmitting it for            
          examination.                                                                
               F.   The Thompson Settlement Revised as Trial Approaches               
               Although Chicoine and Hallett ultimately recommended that              
          their test case clients accept respondent’s 20-percent settlement           
          offer, Kersting disagreed and replaced Chicoine and Hallett with            
          attorney Joe Alfred Izen, Jr. (Izen) in April 1988.  Counsel on             
          both sides began to prepare for trial, which was scheduled for              
          January 1989 in Honolulu, Hawaii.                                           
               In an order dated August 30, 1988, the Court granted                   
          McWade’s motion to depose Kersting.  In October 1988, while in              
          Honolulu for the Kersting deposition, DeCastro met McWade to                
          discuss the Thompson cases.  DeCastro told McWade he wanted to              
          withdraw the Thompsons from the test case trial.  DeCastro’s                
          reason for withdrawing the Thompsons was to avoid their having to           
          pay the fees and expenses of the trial and to enable them to take           
          the settlement they had already agreed to.  McWade wanted to keep           
          Mr. Thompson as a party to the trial because he was a test case             
          petitioner who was represented by an attorney, DeCastro, who had            
          not been hired and paid by Kersting.  From respondent’s                     
          standpoint, there was also a benefit to having, as a party                  
          witness, a participant in the Kersting program who was feuding              
          with Kersting and could be expected to testify against him.                 







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