Malfeasance - the Coup de Grace
Friedman shared privileged information with defense
Mediated settlement agreement conference of pepper v gelfand with Anthony R Friedman plaintiff counsel, Ted Osburn mediator, Randall A Bauman defense counsel
Anthony Friedman shared privileged information with opposing counsel - Missouri Bar #65531
In the midst of a mediated settlement agreement conference scheduled just one week before Anthony R. Friedman, plaintiff counsel, left the Simon Law Firm P.C., Freidman shared privileged information with opposing counsel Randall A. Bauman who was representing Dr. Vladimir Gelfand M.D. in a medical malpractice case.
Case details - Pepper v. Gelfand case #19SL-CC04680 tried in the twenty first judicial district, division twelve. Hon. Stanley J. Wallach presiding.
Anthony R. Friedman acting as plaintiff counsel suddenly, after over three years of litigation, contacted me via. telephone and suggested that it may be in my best interest to go mediation to resolve my claim.
I agreed to engage in mediation in good faith whereas if the settlement amount was acceptable, we can indeed resolves this case prior to taking it to trial and the bonus, Missouri Statute requires that at the conclusion of a settlement the funds are to be disbursed within several weeks. The alternative is to take the case to trial. You may lose at trial of, if you in fact did prevail you very well may be looking at an appeal. Funds are not issued until the matter is settled.
However, at the time Friedman suggested that we go to mediation I did not know that he was going to be leaving the law firm in just a matter of days. Friedman advised me of his departure in the midst of the mediated settlement agreement as well. It was an attempt undermine my commitment to "go the distance". A colloquial phrase used among lawyers meaning that a case and matter would be taken to trial and to appeal if necessary, until the case is concluded.
Prior to mediation Friedman never developed nor shared a case theory with me. Through e:mail correspondences I made requests for a case theory and furthermore, I asked Friedman why he was not developing the value of the case. These e:mail went without being responded to by Friedman. We went into mediation without retaining an expert witness. Without any case theory. We went in with absolutely no leverage for negotiations. And I, entered into the conference room without any client preparation. Friedman did not even send over a demand letter, demand amount to opposing counsel prior to mediation. There are a multitude of details with regard to the conduct of all of the participants at the mediated settlement agreement but I must get to the crux of the matter and the allegation that I have made.
Now comes the betrayal and the act of malfeasance perpetrated by Anthony R. Friedman upon his client Albert Pepper.
I Albert Pepper, sent an e:mail to Anthony R. Friedman dated June 23, 2023 wherein I presented my own case theory in lieu of that of Friedman with certain arguments that I would present that I would attribute to Gelfands causation with regard to his departure from the standard of care and the subsequent injuries I realized as a result thereof. Friedman, by his own admission, never read my e:maiil addressed to him prior to the mediated settlement agreement conference that was on the following Monday of June 26, 2023.
In the midst of the mediated settlement agreement there was a break taken that lasted for approximately twenty minutes wherein Anthony R. Friedman, Elizabeth McNulty acting as co-counsel and Ted Osburn acting as mediator left the conference room and I remained alone, waiting for their return.
It was at that time that Anthony R. Friedman referenced the e:mail that I sent to him and shared the contents of the e:mail with opposing counsel Randall A. Bauman. - It was the "coup de grace".
I cannot at this time give you the details with regard to my knowledge and evidence of this act of malfeasance perpetrated by Friedman whereas that must wait to be presented at a soon forthcoming legal malpractice complaint naming Friedman et al. as defendants.
I state it once again as a matter of fact. Friedman shared privileged information contained in an e:mail addressed to him with opposing counsel in the midst of a mediated settlement agreement conference.
The mediated settlement agreement was a failure and days later Friedman left the Simon Law Firm on June 30, 2023 leaving the case with Elizabeth McNulty, a junior associate who had no prior trial court experience.
Therefore ladies and gentlemen we have both the act of malfeasance and a co-occurring conflict of interest that entirely compromised Friedmans representation and undermined the value of my medical malpractice complaint.
When I unfold the entire attorney / client relationship between Friedman and Pepper begin from the moment that Pepper retained Friedman until his withdrawal of representation and his departure from The Simon Law Firm the multitude acts of nonfeasance, misfeasance and malfeasance will stagger the imagination.
There is no doubt that the legal malpractice complaint against Friedman et al. will be bifurcated and have substantial merit for seeking punitive damages beyond the compensatory. Outrageous was the conduct of Friedman et al.
Sincerely, Albert B. Pepper Jr. - litigant pro se.
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