Bobby N. Harmon
2920 Ala Ilima Street, #1103, Honolulu, Hawaii 96818 Tel No. (808) 839-0674
November 2, 2000
Arnold T. Phillips, Esq. VIA Fax @ 528-5006
1188 Bishop Street, Ste 3003
Honolulu, HI 96813
RE: Settlement Documents
Dear Mr. Phillips:
Thank you for your response to my letter of October 26, 2000 in which you basically said that I should have questioned any discrepancies before I signed the release. This statement leads me to believe that you may have missed a key point in my letter.
The document which I signed — the “Settlement, Release and Indemnification Agreement” — appears to be proper. It is the “Stipulation for Dismissal of Complaint as to All Claims and All Parties With Prejudice” (RICO) document which I questioned. This latter document was NOT signed by me — it was signed by you.
I am still distrustful of the Bishop Estate attorneys, as you can gather. Logically, and from what I was told, Torkildson Katz was representing the ex-trustees in the RICO lawsuit, and Marr, Hipp, Jones & Pepper was representing the interim-trustees in the settlement negotiations. I note that none of the documents have been signed by any of the ex-trustees, which is curious in itself.
In my experience with insurance claims adjusters, usually the first thing that an adjuster asks for is a copy of the attorney’s engagement letter signed by the plaintiff or defendant. In court proceedings, the attorney’s name appears on the filings. I can find nothing in my RICO lawsuit files which states that Marr, Hipp was representing the ex-trustees.
Perhaps you (or Roy Hughes) have documents in your files, predating the settlement negotiations, which indicate that Marr, Hipp was indeed representing the ex-trustees in my RICO lawsuit. If so, I would appreciate a copy.
If not, then I feel that there may have been material misrepresentations to the Court on the parts of Torkildson, Katz and Marr, Hipp in this case.
Very truly yours,
Bobby N. Harmon
cc: Roy Hughes, Esq.
John Goemans, Esq.
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