
IN THE MISSOURI COURT OF APPEALS
SOUTHERN DISTRICT
)
Marc Perkel ) Greene County Case: 197CC0170
Relator, )
) Cause Number: 21784
vs. )
)
HONORABLE, William Syler )
Special Judge )
Circuit Court, Greene )
County Missouri )
James R. Sharp )
William A. Wear Jr. )
Donald R Duncan )
)
Respondents )
SUPPLEMENT TO
PETITION FOR WRIT OF PROHIBITION
================================
COMES NOW Relator, Marc Perkel, and asks the court for leave to
supplement his writ of prohibition and to add respondents to his writ.
In support of this writ, the Relator states:
1) The attorney's in this case should have also been made respondents to
this action. Relator is pro se and made a technical error by not
including them. Relator therefore respectfully asks for leave of the
court to supplement his writ.
2) In addition to Mr. Wear and Mr. Sharp as defendant's representing
other defendants, Mr. Duncan, who is also a defendant is representing
Mr. Wear and Mr. Sharp who are also defendants.
3) Mr. Duncan is also representing himself pro se, he therefore is
representing multiple defendants.
4) Although Mr. Duncan didn't waive conflict of interest as Ms.
Stringfellow did, Petitioner assumes that if he had been asked that
he would have waived conflict of interest.
5) Relator will call Mr. Duncan to the stand as a necessary witness in
the underlying cause.
6) Relator is likely to to ask for a change of judge and wants to make
sure the order of this court aplies to the defendant/attorneys as
well as the judge.
WHEREFORE, Relator prays the court will additionally grant:
1) Leave of the Court to allow Relator to supplement writ.
2) An order to disallow these attorney's, who are defendants, to
represent other defendants.
3) An order to disallow attorney's who are going to be necessary
witnesses to be advocates pursuant to Rule 3.7.
Respectfully Submitted,
________________________________
Marc Perkel * Relator * 07-18-97
IN THE MISSOURI COURT OF APPEALS
SOUTHERN DISTRICT
)
Marc Perkel ) Greene County Case: 197CC0170
Relator, )
) Cause Number: 21784
vs. )
)
HONORABLE, William Syler )
Special Judge )
Circuit Court, Greene )
County Missouri )
James R. Sharp )
William A. Wear Jr. )
Donald R Duncan )
)
Respondents )
SUGGESTIONS IN SUPPORT OF
SUPPLIMENT TO
PETITION FOR WRIT OF PROHIBITION
================================
Mr. Duncan was made a defendant in the amended pleading in the
underlying case. The pleading alleges that he broke several of the Rules
of Professional Conduct in order to assist his client commit fraud and to
allow him to execute a judgement procured by fraud. I'm not going to
argue the underlying case here since the issue of this action is the
representation and not the merits of the case.
Since this is an order to prohibit representation, it seems to me that
the order needs to be directed at the attorneys as well as at the judge.
This judge seems to be more concerned with the drive time to Springfield
than with upholding the rules and it is likely that this case will
require a change of judge. By directing the order at the attorneys as
well it will prevent them from continuing to delay this case by playing
with the rules.
At the hearing Judge Syler raised the issue of my suing lawyers and
wondered if I would continue to sue lawyers just for appearing as
counsel. I assured him that was not the case. I wanted to bring up the
issue here so that you wouldn't wonder about the same issue.
My suit against these lawyers has merit. I understand that a lawyer can
represent a client even if the client is guilty, or liable. This is what
the adversarial process is founded upon. However, a lawyer is not
allowed to commit fraud or break the rules, or to assist his client to
break the rules or commit fraud. If these defendants were to get proper
counsel and their counsel would play by the rules they would not get
sued by me. I only sue when it is absolutely necessary and when I have
legitimate grounds. If the defendants were to get proper lawyers to
represent them rather than representing each other, I would not sue
additional lawyers. All I want is that these lawyers be prohibited from
tampering with justice so I can get a fair hearing. A pro se litigant is
entitled to the same level of justice as that of an attorney. The Rules
of Court should be upheld.
The Honorable Judge Syler is probably a fine judge. However, he
complained at the hearing about having to make a five hour drive to
Springfield. He also tried very hard to find a way to dismiss this case
and failed to do so. A judge should not be acting as an advocate for
either side and with three lawyers against a single pro se litigant I
really don't think it was fair to have a judge helping out the lawyers.
I believe Judge Syler doesn't want to hear this case and I intend to
give him the opportunity to back out. I hope the Missouri Supreme Court
will find a judge who is willing to give me a fair hearing on the
merits. I now have a judgement against me for more than 100% of
everything I own and I have a case that could be won on summary
judgement. If I could just get a fair hearing I could put this behind
me. Until then, I'm stuck in court.
________________________________
Marc Perkel * Relator * 07-18-97
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