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Re: Your departure plan



Available.

Neal A. Puckett, Esq
LtCol, USMC (Ret)
Puckett & Faraj, PC
Washington DC | Virginia
888.970.0005

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On Mar 1, 2010, at 11:42 AM, Eric Montalvo wrote:

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

 

Eric,

 

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:

 

Dias, Phil

Van Cleef, Robert

Bennett, Gordon

Drikow, Gary

Gillis, Andrew

McPhatter, Shattasha

Stozier, Christopher

Martinez, Joseph

Samii Farrokh

Bryce, Virginia

Giovanetti, Michael

Arranaga, Luis

Castelli, Salvatore

Nevandro, Jodi

Campbell, Carlos

Downard, Frank

Gosiewski, Michael

Jawad, Muhommad

Handelman, Paul

Reese, Renisha

Austin, Gordon

Curry, Michael

Webb, Michael

Peterson, Rodney

Waller, Jack

Madrid, Stephen

 

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.

 

Regards,

Mat