|425 Main St|
Attorney at Law.1/12/99
Do to what I believe to be inadequate and your own self serving representation of my interest, and our incompatibility. I am dismissing you and your firm from any and all interest in my on going litigation. I will not allow anyone in my employ who does not have my interest first. I came to you because I am not an attorney, I know nothing of the law or how it works, and like all other lay people need and expect the best advise from counsel.
If you will send me your statement, itemized, for time served taking into account your mistakes and all of my material pertaining to James J. Winiger vs. Posey County Farm Bureau Co-op Association, Inc.; Cause No. 65C01-9504-CP-00091; Posey Circuit Court, I will forward you a check as soon as my financial position allows.
Reasons for Dismissal:
No. 1---For seven months after the deposition of Carl Redman until the statute of limitation expired you gave me bad advise about what to do with the knowledge of the forgeries using my signature. Which cost me approximately $250,000.00 in 1993. Not until after Judge William H. Miller of the Evansville Bar Asso. became involved, and he said I should be looking for fraud, did I realize that you were giving me bad advise.
No. 2---Judge William H. Miller also suggested that the trial be moved from Posey County sighting that I did not have a chance of winning the case against Posey County Farm Bureau Co-op. in "Posey County Court System". You refused.
No. 3---When I first approached you with my case, you told me that you would take the Farm Bureau case on a contingency and the other work with my creditors on an hourly basis. And you would not expect payment on the hourly work until after the Farm Bureau case was resolved. On November 18, 1998 you sent me a letter saying you would do no further legal work on my behalf until I paid the bills that has accumulated with your office. The accumulated bills are per our agreement. On December 30th. 1998 you sent to my creditors (62) a letter saying, Please be advised that I am no longer representing Mr. Winiger in the various collection matters against him. You may deal with him directly as you see fit. I believe this was done on your part to excite my creditors and cause them to become very agitated against me. I believe You did this hoping that this will hasten them in taking legal action against me.
No. 4---In Oct. of 1997 I asked you to prepare an Agreed Judgment Entry against me for one of my creditors, for $60,000.00 plus accrued interest and file it in the Posey County Court House. You prepared it and the person signed it and personally returned it to your office on Nov. 4th. of 1997. You also told this person in your letter, to this person, that you would see that it is filed. Thirteen months later, this person had not received a copy of that judgment, I told this person to call you. This person called you or your staff on Dec. 2nd. 1998 and asked for a copy. You or your office staff told this person to wait until late afternoon and pick up the copy at your office. After opened the envelope with the judgment inside much to this persons surprise the date read December 2nd. 1998 not 1997 and you had also filed it in the Vanderburgh County Superior Court not with the Posey County Court. Through you negligence this person has lost a valuable position on my creditors list.
No. 5---Pioneer Hi-Bred International vs. Jim Winiger dba. Winiger White Corn Co. At a hearing conducted on this matter, June 22, 1998, the Posey County Superior Court ordered, you Larry,
A-counsel for defendant to provide counsel for plaintiff a proposed assignment of Jim Winiger's potential recovery in the lawsuit with Posey County Farm Bureau Co-op.
B-Counsel for plaintiff had attempted on several occasions to obtain the proposed assignment from the judgment defendant's counsel, you Larry, however, all efforts were ignored, and the assignment was never received. That is because you Larry never sent them.
When Pioneer took me to court Jan. 4th.1999 In this instance you sent the court a letter saying you would not represent me in this action because I had not paid your bill. Again this was hourly work and it was per our agreement. I think the only reason you did not represent me on Jan. 4th is because you screwed up and you did not want to face the Judge.
No. 6---Alliance Shippers vs. James J. Winiger dba. Winiger White Corn Co. On Feb. 5th. 1998 plaintiff recovered a judgment against the debtor in the Posey Circuit Court for $7,345.00 and cost. That execution had not been levied and I was ordered to appear in court on Dec. 7th. 1998 to answer questions about my income. Again Larry you refused to appear on my behalf because of the unpaid bills which also was per our agreement for hourly work.
It appears that you also told the judge that I wanted to represent my self in this case. When the judge came down on me on this issue. I told him that I did not want to represent myself, he got aggravated and said "Oh forget It" and left the court room.
No. 7--- You related to me that you went to law school with the judge of the Posey County Circuit Court, which is handling my legal case, you and he graduated together, you and he have a personal friendship and that you have several cases before him annually and, Jim, I do not want to "piss off" the judge..
Larry, your relation with the judge is fine with me except when you allow this friendship to interfere with your professional handling and my best interest in my legation You would not seek a venue change, you will not appeal any decision made by the judge, you gave me bad advice about the forgeries, you have not followed through with the subpoenas for information from the defendant or their attorneys and their insurance company when they submitted only a small portion or none at all of the request. And, you, did not want to "piss off" the judge..
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