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LEGAL MATTERS It happens that John
Guittard is in the enviable position of being able to bill whichever side of
the TAO is declared the real TAO in any lawsuit where he is the attorney of
record for TAO. Therefore, it would be wise that his law firm be dismissed by
president Carter from representing TAO any further. It is unlikely that
Guittard will actually withdraw from continuing to represent the other
faction; but if we dismiss him officially, he will then be in no position to
bill us later if we win and will have to bill the other side as individuals.
On the other hand, he may be happy to get out of the cases altogether. To
protect ourselves, we should send a certified letter as below: Guittard, Hyden & Guittard Gentlemen: This is to serve notice that
as of this date we are dismissing your firm from representing The Adelphi
Organization in any legal matters concerning our corporation. Our action is
supported by the enclosed resolution of our Board of Directors which in turn
is based upon a vote of the members to cease all litigation on our behalf by
your firm. We herewith terminate any and all contractual arrangements between
your firm and our organization and request a final accounting from you and
the return to us, in care of our president, Richard Carter, of all case files
in your possession relating to The Adelphi Organization. You may contact us
by telephone at ___-____ to arrange for transfer of our files. Sincerely, Richard Carter,
president There is another problem
that has arisen from the temporary trustee of the Adelphi Land Trust, Steve
Rogers. He has made preliminary moves to hire his lawyer, Pat Shaw, to
represent him in suing Bob Clark for return of the land deeded to him in lieu
of cash payment by R. Kieninger in hiring Clark to defend the Trust. By
agreement of Lee Smith and J. Guittard, Rogers apparently now has direct
access to the funds held by M-Bank without further approval by anyone. It is
unknown who is encouraging Rogers in this threatened action, but it can
rapidly exhaust the $27,000 undifferentiated as to School Account, General
Checking and Philadelphia Fund to the benefit of Rogers and Shaw. It would be
advantageous to petition the court of Judge Marshall to reinstate R.
Kieninger as the trustee and remove Rogers on the grounds that the original
action was the result of the personal ambitions of Lee Gilbert to become the
land trustee (he said in a meeting that he saw his role as taking over from
where Kieninger left off) and that there was never any evidence of wrongful actions
taken by Kieninger to justify his removal, especially since he worked
essentially free of charge. The letter written by Gilbert to Charlotte
stating that he is no longer in any official position in TAO can be used to
advantage here to support a withdrawal of the original suit. A stated desire
of TAO to drop the case against changing the land trustee from Kieninger
would save a lot of money all around. |
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