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To: Jeffery R.

Stark Fr: Dianne King and Kevin Powell Dear Jeff: In response to your request to sign the Substitution of Attorney Form sent to me I have signed and dated the form. I am hereby notifying you that I am doing so under protest and under duress. I do not believe that I have been properly represented as I have received only $1100 in support and am again additionally 2 months or $1510 in arrears after our appearance 3 months ago. I have not notified you, as I am afraid that you will charge me for doing something that I specifically told you would have to be done or I would not receive support. You have written me to inform me that you are charging me for reading and responding to a letter demanding payment to the children’s attorney. How can I be expected to pay this, support myself and my two children, pay back the loan I used to hire my attorney that failed to do what was necessary, hire a new attorney because my current one quits, when I still don’t receive support the court has ordered Perry to pay. The same person that you felt sorry for and claimed we wanted to “hang in front of the court “ is the person who has time after time after time ignored all court orders and the court has failed to show any resolve to correct his behavior. You were retained under the belief that you were competent, aggressive, and would represent your client to the best of your ability by understanding the facts of the case and standing by your client and protecting their interest. Now that you have received your money, a case that must be harder than you expected, a client that knows that it is her right and her responsibility to question her attorney who has previously shown poor representation and then make the final decisions on what is going to effect her life, you choose to force me to relinquish your responsibility with threats of hundreds if not thousands of dollars for the “ Several hours that I will expend on preparing and appearing at that motion”. Under 3-700 (a)(2) and (c)(1) of the Rules of Professional Conduct it appears you have no bases for withdrawal and have chosen to use duress to allow yourself relief from your obligation and responsibility to represent your client properly. We had hoped that with some time to cool off and let ego’s return to normal size we would be able to work things out with you and create an environment that would be conducive to proceeding forward and properly with the case. It is obvious that it will be impossible for you to properly represent your client as you still have some deep seeded issues. Therefore per your request the document has been signed and your obligation to continue as attorney of record has been relieved. However your moral and ethical obligations have not.

It is our contention that you have done the following: Before Court 1) Represented yourself to be a competent, successful attorney with no mental deficiencies 2) Assured us that this was a “Cut and Dry” case that we were making into more than it is 3) Accepted $2500 retainer in good faith that you would do your best to represent your client 4) Accepted paperwork documenting the two previous times your client has had to go to court to re-establish child support. 5) Accepted documentation including Social Security and pay-stubs proving that for the last 3 years your client has made less that $25,000/ yr 6) Accepted a letter from Wendy Coffin who provided childcare to Elle previous stating what your client’s childcare cost are and informed you that they would use childcare cost to try to change the figures as they have tried to do in the past. 7) Were informed that both Ms. Ward and Perry have tried to use tricks on the Dissomaster to change the figures since the divorce 4 yrs ago and every time they send a sheet to your client. You reassured your client that you can’t play games with the Dissomaster you just input the numbers and the figures are there. The figures that your client calculated were anywhere between $735 and $814 / mo. 8) Discussed with your client that she is an LVN and that she works 3/12 hr shifts most of the time and it allows her more complete days to spend time with the kids and for her to return to the RN school she would have finished if she didn’t keep having to spend money on lawyers 9) Assured your client that the wages would be assigned as you were informed that this was mandatory or he will not pay. On the Court Date 1) Question your client about a fabricated lie by opposing council stating to the judge that your client was making threatening statements.

2) Informed your client that opposing council was vilifying her and that the judge had a negative opinion of her. 3) Brought back an agreement for $485/ mo. in support, which was less than the $513 offered by opposing council using some of her tricks on the Dissomaster to reduce her client’s liability. You told your client that that was the number and she should sign the paper agreeing to it. When you were questioned on why it was so low you informed your client that that was the correct figure. When it was insisted that you bring the Dissomaster to be looked at and if it was correct your client would sign, you became aggravated and stated: “ The court is not going to hang Perry in front of the Courthouse as you two would like them to.” You said that the Judge would become pissed off. We insisted and you returned with the Dissomaster. 4) The Dissomaster that you reviewed and insisted that you client accept had $29,000 as your client’s income, while her income was approx $24,000. They put her as having 4 dependents for tax breaks when there are only 2. They required that your client pay for all of her childcare and ½ of Perry’s. And they gave him credit for insurance that to this date he has not shown what he pays even though your client had provided and paid for insurance for both kids since he lost his job. 5) After reviewing the information that was entered, the errors you failed to notice or address, and the tricks that the other attorney pulled on you that you were previously warned about, you returned with $655 support. It was without addressing the $29,000 that your client absolutely does not make and the 4 dependents she doesn’t have. When asked about that you became irate as the form she filled to the best of her ability out was used using a recent pay-stub and was not expected to use 4.33 weeks a month and does not take into account cancelled work days from under-occupancy of the particular unit you are assigned. This is something that happens at a registry and as staff. You said she would be accused of perjury. Rather than fight to get the extra $70-$160 she is entitled to, we agreed that this could be addressed at a later date. She agreed to the $655 ($180/mo more than you insisted she accept) and signed believing that her attorney would assign that wages as agreed. 6) You had a conversation with the Judge and Perry lawyer, that according to you, you agreed with. Instead of protecting your client and defending her action by stating that by working 36 hrs a week is not only full time but with 3 12 hr shifts she gets paid the same as working 42 conventional hrs. While maintaining 2 additional full days to spend with her children and attend the $4000 LVN to RN program that she cold have finished if her X-husband and his lawyer would stop playing games. When confronted with the ½ truth regarding nursing shortage as it is predominantly for RN’s, you agreed with them instead of pointing out that if she hadn’t spent $16,000 on attorney’s, she would have finished school already, doubling her income, and reducing Perry’s obligation to about $200/mo. freeing additional money to everyone involved

7) You Failed to Assign Perry’s Wages 8) You Failed to take responsibility for what you did not do for your client

After the Court Date 1) You sent a retainer agreement asking us to sign it agreeing to pay you an additional $2500 regardless on how much additional time you spent on the case. Stated that “Kevin is an obstacle in the case and is blinded by emotion” and “ I should trust my attorney and let him make the decisions for me” yet it was not the “Law School Graduate Attorney” with thousands of cases under his belt that saw the errors in that he was warned about. You charged your client $2500 to strongly insist that she take at least $250/ mo less than she is entitled to receive based on California State Guidelines. 2) After receiving a response stating that there were legitimate errors made in representation and while we value our attorneys opinion that in the end all final decisions would have to be made by the client that has to live with the decision. 3) After receiving the letter you became enraged and said you no longer wanted to represent your client. You threatened a large padded bill if your client did not relieve you of your ethical obligation. 4) When informed about lack of payment of child support you wrote a letter to Perry’s lawyer which eventually cause some support to be paid 5) You have not returned to court to establish at no charge the wage assignment you were hired to do but failed. 6) Your client has not received but 2 of the 6 payments due to her. Perry is now $1510 in arrears 7) It is impossible for your client to secure a new attorney as you have stated that you will never return a dime of the money you were paid and you have failed to do what you were paid for. You are forcing your client to return to court without representation as you have strongly warned was not at all in her best interest. 8) You have stated that your client has used up 8-¼ hrs of your time without any documentation showing a breakdown of what time has been used. That comes up to $2475 you have a judgment of $600 from Perry in attorney fees. This means you have been overpaid by $600 that you are not entitled to.

9) You have violated rules 6-101 and 3-700 of the California State Bar Rules of Professional Conduct.

Because the services rendered were of an unacceptable level and you did not represent your client to a reasonable standard of competence, we will be asking for a complete return of the $2500 retainer that was unearned. You may keep the judgment against Perry when and if you receive it. We will need all paperwork given to you released. With this done we can part civilly and accept this as a lesson learned for both parties. This money is obviously much more important to your client than to you and if you are able to separate yourself from your clients position you will agree that she didn’t get what she bargained for. If you do not agree we will submit this to the California State Bar as a violation of the Rules of Conduct and ask for disciplinary action from the bar for behavior that is negligent and unethical. If we receive favorable judgment we would seek fair compensation for time, emotional stress, and depending on the outcome of having no representation in court, additional pain, suffering and loss and attorney fees to recover such. If not we will seek help from arbitration arguing that you did not provide the service that you were hired for. We hope that these further actions of recourse are not required to reach an amicable resolution to an obvious situation. You have left us with no other options to protect our interests. This course will be draining and very time consuming for all parties involved.