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Neal I need to call you pls let me know if you can talk now Sent via BlackBerry by AT&T
From: "Eric S. Montalvo" <emontalvo@tullylegal.com>
Date: Mon, 1 Mar 2010 16:39:21 +0000 To: montalvoesq@yahoo.com<montalvoesq@yahoo.com> Subject: FW: Your departure plan
Eric S. Montalvo
Attorney at Law
emontalvo@tullylegal.com
(202) 787-1900
Phone
(202) 870-2940
Cell
(202) 296-1165
Fax
TULLY
RINCKEY PLLC
1800 K Street N.W. Suite
1110
Washington,
D.C. 20006
www.Fedattorney.com
practice is limited to
matters and proceedings before special courts - federal courts – agencies
Confidentiality
/ Privilege Notice: This
transmission, including attachments, is intended solely for the use of the
designated recipient(s). This transmission may contain information that is
confidential and/or privileged or otherwise protected from disclosure. The use
or disclosure of the information contained in this transmission for any purpose
other than that intended by its transmittal is strictly prohibited. If you
are not an intended recipient of this transmission, please immediately destroy
all copies received and notify the sender.
From: Eric S. Montalvo
Sent: Monday, March 01, 2010 11:39
AM
To: Mathew B. Tully, Esq.
Cc: Greg T. Rinckey; Steve Herrick
Subject: RE: Your departure plan
Just two quick issues with the
below…Negron…he was a direct referral it is closed or to be
closed…but I would like to take his file in case something else
arises…I worked with him in Iraq. Haggerton…he is
the one I just went down to Camp Lejeune to get out of the brig through an IRO
hearing…he is in a fire fight right now…would request that he be
contacted ASAP to determine his preference given his situation and additional
actions on contact as needed. Looks like the list is accurate based on
what you sent me previously and my discussion with Steve this morning so no
objections other than what I have just mentioned. As far as the referral
fee I will need to get back to you on that since I have no idea what to say
regarding that issue. I would think whatever is standard practice seems
to be the answer. No objection to entering into any non-solicitation
agreement regarding employees. What do you want me to do with the files
that will remain?
V/r
Eric
Eric S. Montalvo
Attorney at Law
emontalvo@tullylegal.com
(202) 787-1900
Phone
(202) 870-2940
Cell
(202) 296-1165
Fax
TULLY
RINCKEY PLLC
1800 K Street N.W. Suite
1110
Washington,
D.C. 20006
www.Fedattorney.com
practice is limited to matters and
proceedings before special courts - federal courts – agencies Confidentiality / Privilege Notice: This transmission, including attachments, is
intended solely for the use of the designated recipient(s). This transmission
may contain information that is confidential and/or privileged or otherwise
protected from disclosure. The use or disclosure of the information contained
in this transmission for any purpose other than that intended by its
transmittal is strictly prohibited. If you are not an intended recipient
of this transmission, please immediately destroy all copies received and notify
the sender.
From: Mathew B. Tully,
Esq.
Sent: Monday, March 01, 2010 11:21
AM
To: Eric S. Montalvo
Cc: Greg T. Rinckey; Steve Herrick
Subject: Your departure plan
Importance: High
It seems apparent that you will be leaving this Friday
(March 6, 2010) by your own choosing. Per your prior emails that this
departure be on favorable terms, I want to reach an agreement with you on how
to handle your caseload (per your email to Greg and your discussions with
Steve). Let me begin by pointing out that I don't want to rehash
sour grapes but your short departure notice and the fact that you came to our
firm with no business only a few short months ago makes me feel that your
desire to take any clients that came from our substantial marketing effort is
unjust.
But in an effort to build you as a referral source for court
martial business in the southeastern US (and overseas) and not leave on bad
terms, let me explicitly tell you who we would not object to you taking with
you (a total of 26 clients) subject to a referral fee agreement:
Your solicitation of any other clients whom this firm has a
contract (retainer agreement) with would be viewed as hostile to our interests
and we would proceed accordingly.
With regard to the 26 clients whom I named above, we would
have no objection to your solicitation and our encouragement for them to
leave with you (i.e. we would tell them they should go with you and provide for
a mechanism to move their money to you shortly after you leave with their
consent), we would want to execute a non solicitation agreement on the other
clients and our employees (so we don't need to worry about Ken jumping in 2,4,6
or 8 months) as well as a referral agreement for percentage of the legal
fees (post departure) on the above matters.
Please inform me today on how you would like to proceed with
this final offer. Also, your attendance at today's attorney meeting is
not necessary since we will be discussing propriety information that is
irrelevant to you.
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