Col Sullivan was saying that we should have a non-counsel call if we do this.
From: haytham@puckettfaraj.com To: babu_kaza@hotmail.com Subject: RE: Vokey Declaration Date: Tue, 9 Aug 2011 10:01:06 -0400
I can call
From: Babu Kaza [mailto:babu_kaza@hotmail.com]
Sent: Tuesday, August 09, 2011 9:56 AM
To: haytham@puckettfaraj.com
Subject: RE: Vokey Declaration
According to the Texas bar they will issue non-binding "informal" advisory opinions over the phone via the 1-800 number. That is all they will do unless there is a matter of concern to a large number of lawyers, and then they issue an opinion. Check out the link:
http://www.law.uh.edu/libraries/publications/researchguides/texaslegalethics.htm
Not dipositive to be sure, but may be persuasive enough to nudge NMCCA or CAAF our way if we can say that the informal opinion over the phone was that this would be legit to recall Vokey.
From: haytham@puckettfaraj.com
To: babu_kaza@hotmail.com
Subject: RE: Vokey Declaration
Date: Tue, 9 Aug 2011 09:47:06 -0400
There is no way a State Bar would give an advisory opinion about such a matter over the phone. Can you imagine trying to reconcile what was said and what was heard in the event of a claim about the matter opined upon.
From: Babu Kaza [mailto:babu_kaza@hotmail.com]
Sent: Tuesday, August 09, 2011 9:45 AM
To: haytham@puckettfaraj.com
Subject: RE: Vokey Declaration
Rgr. I guess you all need to decide if in that context you still want him. But that aside, if the goal is to keep litigating this for delay, then what do you think about one of us on our own calling the Texas bar to see if he would be protected if he were to hypothetically rejoin the defense team?
From: haytham@puckettfaraj.com
To: babu_kaza@hotmail.com
Subject: RE: Vokey Declaration
Date: Tue, 9 Aug 2011 09:36:42 -0400
He didn’t respond. He seems reluctant. Perhaps Maxim’s prognostications were accurate.
From: Babu Kaza [mailto:babu_kaza@hotmail.com]
Sent: Tuesday, August 09, 2011 9:36 AM
To: dhsullivan@aol.com; neal@puckettfaraj.com; kirk.sripinyo@navy.mil; ksripinyo@yahoo.com
Cc: dwight.sullivan@pentagon.af.mil; haytham@puckettfaraj.com; meridith.marshall@usmc.mil
Subject: Vokey Declaration
Team Wuterich,
Any luck with getting the declaration from Vokey?
If not, or as an addition, I was thinking that maybe one of us could call the Texas Bar 1-800 number, and lay the situation out, and see what they say? Would they discipline an attorney with an imputed conflict, who is recalled to active duty to try a case, and then returned to his firm 2 months later?
Although they can't issue an ethics opinion, based on what they said couldn't we do a declaration from one of us saying that we called the Texas bar 1-800 number and they would be fine with this if Vokey was recalled?
That would get us around any unwillingness on the part of LtCol Vokey to do his own declaration.
s/f
Babu
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