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Relevant – What do we gain?

From: Gary S Gevisser <gary@2facetruth.com>
Date: April 2, 2012 11:41:59 AM PDT
To: “Michael Gardiner” <mgardiner@gardinerlegal.com>

Subject: Re: Relevant – Re: What do we gain? – Fwd: Appellant Gevisser Vs Knuff Appellee

 

as soon as you have gone through the exhibits. We are available from 2:30 today.

On Apr 2, 2012, at 11:39 AM, Michael Gardiner wrote:
When do you want to get together?
Michael A. Gardiner
LAW OFFICES OF MICHAEL A. GARDINER
110 West “A” Street, Suite 950
San Diego, CA  92101
Phone:  619.238.9800
Fax:  619.814.3727
Confidentiality Notice: This electronic mail transmission, including any attachments, is privileged and confidential and is intended only for review by the party to whom it is addressed. It may contain attorney client or attorney work product privileged and confidential information. If you have received this transmission in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including any attachments, without reading or saving them in any manner. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
From: Gg [mailto:gary@2facetruth.com]
Sent: Monday, April 02, 2012 10:18 AM
To: Michael Gardiner
Subject: Re: Relevant – Re: What do we gain? – Fwd: Appellant Gevisser Vs Knuff Appellee
Go ahead and read the exhibits
When can we get together?

Sent from my iPhone

On Apr 2, 2012, at 9:48 AM, “Michael Gardiner” <mgardiner@gardinerlegal.com> wrote:

One more thing, Gary.  I’m not negotiating here.  I’m telling you how it is going to be if I am going to continue representing you.
…and one last thing that, I hope, will drive it home for you:  do you REALLY want to be paying me to have this dialogue with you?  Because you WILL be paying me for it.  If you don’t want me to pay me to read something, don’t send it to me.  You don’t get to decide what I bill for.  If I’m reading it and its about your case than I’m billing for it…and you are incurring the charge.
We need to get this VERY clear right now.  Please confirm that you understand.
Michael A. Gardiner
LAW OFFICES OF MICHAEL A. GARDINER
110 West “A” Street, Suite 950
San Diego, CA  92101
Phone:  619.238.9800
Fax:  619.814.3727
Confidentiality Notice: This electronic mail transmission, including any attachments, is privileged and confidential and is intended only for review by the party to whom it is addressed. It may contain attorney client or attorney work product privileged and confidential information. If you have received this transmission in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including any attachments, without reading or saving them in any manner. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
From: Michael Gardiner [mailto:mgardiner@gardinerlegal.com]
Sent: Monday, April 02, 2012 9:44 AM
To: ‘Gary S Gevisser’
Subject: RE: Relevant – Re: What do we gain? – Fwd: Appellant Gevisser Vs Knuff Appellee
I had Marie sign the retainer because she was the one paying the fees, not because I would be representing her.  The fact that it is relevant to your case is irrelevant to who I’m representing.
I’ve explained why I need to verify what the exhibits say.
It IS all about Jurisdiction…but the Court will want to know what you are accused of…that has relevance to the Jurisdictional issues (albeit not the most important issue by any stretch).
Michael A. Gardiner
LAW OFFICES OF MICHAEL A. GARDINER
110 West “A” Street, Suite 950
San Diego, CA  92101
Phone:  619.238.9800
Fax:  619.814.3727
Confidentiality Notice: This electronic mail transmission, including any attachments, is privileged and confidential and is intended only for review by the party to whom it is addressed. It may contain attorney client or attorney work product privileged and confidential information. If you have received this transmission in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including any attachments, without reading or saving them in any manner. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
From: Gary S Gevisser [mailto:gary@2facetruth.com]
Sent: Monday, April 02, 2012 9:12 AM
To: Michael Gardiner
Cc: Marie Dion Gevisser
Subject: Relevant – Re: What do we gain? – Fwd: Appellant Gevisser Vs Knuff Appellee
First. you had Marie sign the retainer agreement because you insisted that she be on the hook for your fees and it is still part of my case.
Second, I have been through all the exhibits and my opinion is also confirmed by the transcripts.
Third, and most importantly, I thought the motion was all about jurisdiction, and that the exhibits were irrelevant to filing this motion?
On Apr 2, 2012, at 8:56 AM, Michael Gardiner wrote:

 

First, regarding the last point, am I representing Marie???  You, Gary, insisted on my making revisions to the Fee Agreement to clarify that I was NOT representing Marie, but just you.  If you and Marie want me to represent her than (a) that needs to be clarified and (b) we will need to have a separate Fee Agreement or, at the very least, an addendum to the existing one.  I will have to determine what, exactly, are the best procedural steps.  There are, I believe, more than one possibility.  I suspect the answer will be a Motion to Quash.
Second, what do you gain by my going through the documents?  Well, start with this:  my willingness to file the motion.  YOU may believe — even know — that there was no evidence of defamation, but I do not.  Without YOUR having reviewed every page I don’t know how you “know” that.  But I have an independent duty to verify that what I represent to the Court is the truth.  My taking your word for it does not satisfy that duty.  And I do know this:  if the documents say what THEY represent them to say, there IS evidence of defamation there.  I suspect they have misrepresented the documents.  But I need to verify that.
Gary, we need to get something very clear here:  you are NOT going to control how I do my job.  If you want someone to represent you your way you are going to have to find someone else.  You seem to believe that you have a nice simple case and that the fact that you are right and they are wrong means you will eventually prevail and it won’t cost you much to do so…
That is, to put it mildly, aspirational thinking.  However, you DO have an absolute right to choose not to do things my way.  If that is your choice I’ll do an accounting of my time so far, refund you the balance and you can move on to find someone who will be ready to do things your way.  However, if I’m going to be representing you in the future we need to come to a VERY clear agreement that we’re doing it MY way.
Let me know how you want to proceed.
Michael A. Gardiner
LAW OFFICES OF MICHAEL A. GARDINER
110 West “A” Street, Suite 950
San Diego, CA  92101
Phone:  619.238.9800
Fax:  619.814.3727
Confidentiality Notice: This electronic mail transmission, including any attachments, is privileged and confidential and is intended only for review by the party to whom it is addressed. It may contain attorney client or attorney work product privileged and confidential information. If you have received this transmission in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including any attachments, without reading or saving them in any manner. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
From: Gary S Gevisser [mailto:gary@2facetruth.com]
Sent: Monday, April 02, 2012 7:15 AM
To: Michael Gardiner
Subject: What do we gain? – Fwd: Appellant Gevisser Vs Knuff Appellee
Michael – before you do any reading of the exhibits, we want to know what we gain from the knowledge that we already have that there was no evidence of defamation.
To repeat, dont spend a moment of your time and our money reading through material that we know does not show I committed defamation or anything close.
To repeat what we sent you yesterday, what steps are you taking to remove Marie from this spousal debt judgment.
Gary
Begin forwarded message:
From: David Langford <David.Langford@dallascounty.org>
Date: March 30, 2012 11:51:26 AM PDT
To: Gary S Gevisser <gary@2facetruth.com>
Subject: RE: Appellant Gevisser Vs Knuff Appellee
The first e-mail attachment I sent was 30 pages of exhibits.
The second through sixth e-mail attachments, if you were to combine those all together into one volume, would be 992 pages of exhibits.
In order to have an exact duplicate of the Supplemental Reporter’s Record volume of exhibits, one would have to combine those last SIX attachements  into one huge volume.
However, in order to get the exhibits to you and Mr. Gardiner today, and in order to get the attachments to go through the various servers, I had to break that 992 pages into six files.
So combine the last six attachments together into one file (exhibits volume), and you will have the “over 700+ pages” of exhibits.   Indeed, that volume has 992 pages.
We are going back into hearings in about 2 minutes.   So I will be not be available for further correspondence today.
David

From: Gary S Gevisser [gary@2facetruth.com]
Sent: Friday, March 30, 2012 1:32 PM
To: David Langford
Subject: Re: Appellant Gevisser Vs Knuff Appellee

i thought there 700+ pages of exhibits?
On Mar 30, 2012, at 10:53 AM, David Langford wrote:
<Dallas-DC-10-02004-E-RR-Vol006.pdf>

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