See below yellow and blue
DR 7-104. Threatening Criminal Prosecution.
(A) A lawyer shall not present, participate in presenting, or threaten to present criminal or disciplinary charges solely to obtain an advantage in a civil matter.
So we should not do this...
DR 2-108. Terminating Representation.
(A) Except as stated in paragraph (C), a lawyer shall withdraw from representing a client if:
(1) Continuing the representation will result in a course of conduct by the lawyer that is illegal or inconsistent with the Disciplinary Rules; or
(2) The lawyer's physical or mental condition materially impairs the lawyer from adequately representing the client; or
(3) The lawyer is discharged by the client.
(B) Except as stated in paragraph (C), a lawyer may withdraw from representing a client if:
(1) Withdrawal can be effected without material prejudice to the client; or
(2) The client persists in a course of conduct involving the lawyer's services that the lawyer reasonably believes is illegal or unjust; or
(3) The client fails to fulfill an obligation to the lawyer regarding the lawyer's services and such failure continues after reasonable notice to the client; or
(4) The representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client.
(C) In any court proceeding, counsel of record shall not withdraw except by leave of court after notice to the client of the time and place of a motion for leave to withdraw. In any other matter, a lawyer shall continue representation, notwithstanding good cause for terminating the representation, when ordered to do so by a tribunal.
(D) Upon termination of representation, a lawyer shall take reasonable steps for the continued protection of a client's interests, including giving reasonable notice to the client, allowing time for employment of other counsel, delivering all papers and property to which the client is entitled, and refunding any advance payment of fee that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by applicable law.
Dear smuck,
In accordance with the relevant regulations governing the termination of attorney client relationship you are noticed of the following:
1) As was previously indicated you will be refunded the amount of x which represents a courtesy discount of the y earned while reviewing your case and engaging in client consultation. Any return of funds will be done in accordance with our business practices to ensure the greatest accruacy and timely provision.
2) I will remain available to you for 10? buisness days so that you may retain counsel of your choice.
3) Please advise where to return case documentation or in the alternative I can forward them to your new counsel of choice.
4) I have considered that matters which you have retained me for and have endeavored to provide notice as soon as possible to facilitate your ability to seek new counsel. I am not aware of any deadlines or statute of limitations that are of any immediacy which require my action.
5) I understand that you have undergone a series of actions which you feel to be unjust. While I sympathize with your position, that does not give you license to engage in libelous claims. Please know that any action you pursue against the firm will be defended vigourously. I would advise you that making false claims and interfering with our clients may subject you to further scrutiny. If you need the contact information for the Virginia Bar please advise.
On Thu, Mar 25, 2010 at 2:40 PM, Neal Puckett
<neal@puckettfaraj.com> wrote:
Your impression?
Neal A. Puckett
LtCol, USMC (Ret)
Puckett & Faraj, PC
Sent from my iPhone
Begin forwarded message:
I don't normally waste my time resonding to cowards (since you obviously don't have the backbone to call me) but I will make an exception in your case.
1) You better hope you didn't receive one phone call or make any phone calls during your supposed "3.5 hour review" of my documentation. I will be requesting that the VA Bar investigate all your communications this morning to include your e-mails.
2) You better hope you didn't talk to Sullivan or anyone else who represents the Federal Government.
3) You better hope your business manager puts a $1,000.00 check in the mail today.
I will be adding your name to my growing list of corrupt and unethical lawyers who operate within the "military justice" system.
Be prepared to deal with me in court should you decide not to return my money..by 1700 Friday.
I hope you don't have any kids...we really don't need anymore humans on this planet that conduct themselves like you...you are one cowardly unethical individual.
I will be contacting all of your existing clients (yes I know who they are) and informing them of your actions today...I can only imagine what you are doing to them behind the scenes.
Keith Frantz
-----Original Message-----
From: Neal Puckett <
neal@puckettfaraj.com>
To:
kbfrantz@aol.com; other honorable than <
oth1791@gmail.com>
Cc: Atwood Marcy <
marcy@puckettfaraj.com>
Sent: Thu, Mar 25, 2010 1:28 pm
Subject: Termination of representation
Keith,
I Spent 3.3 hours this morning reviewing all documentation received from you. Other than completing your BOI process, (which you told me your detailed defense counsel is doing), I do not believe our firm can be of any further assistance to you, based on my reading of the file. Therefore I am terminating my representation effective immediately, to prevent you from incurring additional costs. As I mentioned on the phone yesterday, we are also declining representation of you for your new business venture including any legal advice regarding its activities, primarily because it's a Florida-based business and we are not licensed in Florida. Although I have spent a total of 4.4 hours on your case, I will only bill you for the 1.1 hrs we spent on the phone yesterday, as a professional courtesy to a fellow Marine Officer. There will be no charge for reviewing the case file, though we do bill for all attorney work, including all time spent on file review. You will receive an accounting of this time spent on your case, along with a refund for the unused portion of the retainer you sent this week. That should be in the mail to you by tomorrow.
We wish you the best of luck in all of your future endeavors.
Semper fi,
Neal
Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC Metro Area
888.970.0005
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Eric S. Montalvo
Attorney at Law
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