To The Editor:
I represented Douglas M. Evans and Kroll, McNamara, Evans & Delehanty LLP at trial in the case involving the Aldermans. There are several inaccuracies in Thomas Scheffey’s March 20, 2006, article, “Law Firm A Nightmare Client,” that require clarification. While I prefer not to comment on pending litigation, I must speak out to correct any misimpressions as a result of the article.
While Kroll, McNamara did assert a claim against the Aldermans for unpaid legal fees, that claim was not in the nature of a “malpractice case against A&A” as Mr. Scheffey writes.
Contrary to what the article suggests, Evans also never sought to withdraw from representing Alderman & Alderman solely because the Aldermans declined his advice on accepting a settlement. Rather, as Judge Grant Miller found, Evans “was confronted with an extremely difficult situation” whereby the Aldermans were engaging in conduct Mr. Evans believed to be unethical and where the attorney-client relationship had deteriorated to the point where he would have been justified in asking the court for permission to withdraw as counsel.
Lastly, the related settlement fashioned by Judge Michael Sheldon and recommended by attorney Evans in September 2002 was for a total of $470,000 (not $370,000 as Mr. Scheffey states) inclusive of a $100,000 component payable upon a land transfer – a sum that was substantially similar to the $490,000 eventually accepted by the Aldermans.
Richard P. Weinstein
Weinstein & Wisser