
IN THE CIRCUIT COURT GREENE COUNTY MISSOURI
Marc Perkel - pro se )
)
vs. ) No. 197CC0170
)
William A. Wear Jr. )
James R. Sharp )
The Lawfirm of Wear and Sharp )
Vicki Stringfellow )
NOTICE TO OPPOSING COUNSEL OF
APPARENT CONFLICT OF INTEREST
=============================
COMES NOW, Plaintiff Marc Perkel to give NOTICE to the Wear, Sharp, and
Lawfirm of Wear and Sharp as to conflict of interest in representing
defendant Vicki Stringfellow. You are hereby officially NOTIFIED of the
following facts that should be considered if defendants choose to
continue to represent this codefendant:
1) Rule 3.7 "LAWYER AS WITNESS" states in the relevant part, "(a) A
lawyer shall not act as an advocate at trial in which the lawyer is
likely to be a necessary witness ..."
2) Plaintiff hereby NOTIFIES defendants Wear, Sharp, and the Lawfirm of
Wear and Sharp that he intends to call them as necessary witnesses
and intends to depose them as well as every member of their Lawfirm
with respect to this action.
3) Plaintiff hereby NOTIFIES defendants Wear, Sharp, and the Lawfirm of
Wear and Sharp that the questioning will include material facts and
that the Plaintiff foresees that there is likely to be substantial
conflict between the testimony of the client and the testimony of the
lawyers.
4) Plaintiff hereby NOTIFIES defendant Stringfellow that he will call
her as a necessary witness with respect to this action and may be
called to testify against her lawyers.
5) Plaintiff hereby NOTIFIES defendant Stringfellow that by keeping her
current counsel that she risks her rights to judicial review on the
basis that her counsel was biased against her.
6) Plaintiff hereby NOTIFIES defendants that the questioning will
include, but not limited to, questions with regard to the knowledge
and joint participation in each others behavior, which may result in
civil liability and/or criminal charges, with respect to the facts
alleged in the complaint and the following brief.
7) Having been so NOTIFIED by the Plaintiff and having entered said
NOTIFICATION into the record, should defendants Wear, Sharp, and the
Lawfirm of Wear and Sharp choose to continue to represent defendant
Stringfellow in this matter, then Plaintiff will assume the following
facts are true:
a) That Wear, Sharp, and the Lawfirm of Wear and Sharp have made a
reasonable investigation into this matter and fully understands
their duties as lawyers and advocates with regards to the Rules of
Professional Conduct, and thereby certifies to the Court, under
penalty of sanctions, that their representation of defendant
Stringfellow is proper, and that they are in compliance with the
Rules with respect to Conflict of Interest.
b) Since Rule 3.7 allows an exception for uncontested issues, that
Wear, Sharp, and the Lawfirm of Wear and Sharp have done a
reasonable investigation and certifies to the Court that they can
not foresee any situation where the testimony to be given by their
client will conflict in any material way with their testimony.
c) That in deciding to continue to represent defendant Stringfellow,
after having read and fully considered this notification, that
Wear, Sharp, and the Lawfirm of Wear and Sharp are thereby
estopped from denying any testimony defendant Stringfellow gives
under oath.
8) Plaintiff hereby NOTIFIES defendants Wear, Sharp, and the Lawfirm of
Wear and Sharp that their attempt at representing defendant
Stringfellow is causing unnecessary delays and expenses and may be
construed as an act of tampering with the administration of justice.
STANDING
--------
9) Pursuant to Rule 1.7 comment section states in the relevant part,
Conflict Charged by an Opposing Party
"Resolving questions of conflict of interest is primarily the
responsibility of the lawyer undertaking the representation. In
litigation, a court may raise the question when there is reason to
infer that the lawyer has neglected the responsibility. ..."
"Where the conflict is such as clearly to call in question the
fair and efficient administration of justice, opposing counsel may
properly raise the question."
___________________________________
Marc Perkel * Plaintiff * 02-10-97
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