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June 16, 2009 Ms. Aria Eee RE: File No. 09-145 Dear Ms. Eee: I request your dismissal be reviewed. At the end of paragraph three, the last sentence is incorrect. My associate, Denis Dancoes, and I attended several meetings together at DeTroy's office. At all times during those meetings I considered DeTroy my co-counsel along with Ralph Dyer. During one meeting I questioned DeTroy specifically about an asset acquisition by Alison Leasing Corporation, which was directly involved with the case at hand. DeTroy gave me advice directly related to the case and I subsequently acted upon that advice. I believe that privilege attaches when legal advice is sought and an attorney/client relationship results from that meeting. It is also my understanding that privilege does not require any money to be paid for privilege to attach. Additionally, Dyer authored memos, one of which stated, "Peter's plan is excellent" again reinforcing my belief that DeTroy was my co-counsel. DeTroy's knowledge of the case came almost exclusively from conversations with my other lawyer Ralph Dyer. During the six weeks leading up to my second guilty plea Van Dyke was being represented by DeTroy for malpractice.
An observation on Lance Walker's lack of attention to the facts of this complaint is the misspelling of his own client's name. If the challenge to the misstatement of facts in your decision to dismiss this complaint is considered as "any later filed information", then please consider everything after the first sentence a NEW complaint based on my detailed response to this dismissal. Sincerely, Michael Doyle |
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