Bobby N. Harmon, CPCU, ARM
October 29, 2002
VIA fax @ (406) 728-7416 & U.S. Postal Service
Robert S. Tameler
Attorney Liability Protection Society
P.O. Box 9169
Missoula, MT 59807-9169
RE: ALPS Claim No. B023134 - Harmon adv. Tamm
Dear Mr. Tameler:
Thank you for your letter dated October 24, 2002, in which you disagree with my allegation that Mr. Tamm and Mr. Dunn were negligent in their representation of me. You state that they were contracted with me to perform a specific job which they did, and that an attorney is not obligated to pursue any claim for a client if the attorney believes there is not a basis in law or fact for the claim.
As I stated in my letter of September 21, 2002: “My response is that they DID NOT properly handle the bankruptcy proceedings PRIOR TO my signing the Settlement Agreement. Had they CORRECTLY handled our case from the BEGINNING, none of the resultant problems should have arisen. Your records will show that I NEVER asked them at any time to represent me in bringing a fraud case against these other law firms. I only asked them to do a proper job in representing our legal interests in the BANKRUPTCY proceedings. . . .”
In other words, I fully agree that we hired them to perform a specific job, but I maintain that they did not perform that job with due diligence and due care. It is this failure to properly pursue our BANKRUPTCY case with due diligence and due care that gives rise to my claim of negligence.
Once again you have not answered the complaint that Mr. Tamm sent me the wrong date for the withdrawal hearing, or my assertions that FRAUD was committed DURING the settlement negotiations which Mr. Tamm and Mr. Dunn failed to detect, or to adequately investigate after I brought these allegations to their attention. This is another claim of negligence.
Also, you have not responded to my complaint about the failure of Kamehameha Schools to issue the IRS Tax Forms W-2 and 1099-R which should have been generated as a result of the Settlement Agreement. Since Mr. Tamm and Mr. Dunn were my attorneys at the time of the signing of the Agreement, I maintain that they had the duty – PRIOR TO THEIR WITHDRAWAL – to see that the Agreement was properly enforced. This is yet another instance of Mr. Tamm’s failure to exercise due diligence.
You again have encouraged me to seek the advice of counsel to assist me with reviewing Mr. Tamm’s and Mr. Dunn’s representation of me. Please be informed that I have contacted Arnold Phillips, my attorney in the various lawsuits related to the Settlement, but Mr. Phillips has advised me that he is currently busy with other matters. Therefore, as time is of the essence, I would appreciate your early response to this letter which I will then forward to the appropriate attorney for review.
Thank you for your courtesy.
Sincerely,
Bobby N. Harmon, CPCU, ARM
cc (w/copy of your letter):
Roy Hughes, Esq.
Hughes & Taosaka
1001 Bishop Street, Suite 900
Honolulu, HI 96813
Arnold T. Phillips, Esq.
1188 Bishop Street, Suite 3003
Honolulu, HI 96813
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