CONTACTS 

SUBJECTS
WMA Marketing
Sales Contacts
Carney Company, David
Security & Privacy - Discovery
Context SDS Avoids Accountability Legal Discovery
Accountability Lawsuit Discovery Fear Information Used Out of Context
Carney Plumb Tree Project

1009 -    ..
1010 - Summary/Objective
1011 -
101101 - Glenn said he and Bill Murray discussed my request for David and
101102 - BJK, etc, to write a testimonial, and have concluded it could be
101103 - harmful to Carney's position.  As a result they recommend he not
101104 - issue the testimonial.
101105 -
101106 - I asked what harm they forsee, and whether some other language could
101107 - be formulated to avoid it.  I noted that should it be necessary for
101108 - me to testify in the case, the points in the letter would become
101109 - part of the public record.
101110 -
101111 - Glenn said he expects I will testify, and that such testimony could
101112 - thereafter be used in any way I wish.
101113 -
101114 - He advised that he and Bill do not have any specific harm in mind that
101115 - would be caused by the testimonial I requested, ref OF 2 0001  He said
101116 - he is concerned that New Merit might be able "...to twist such a
101117 - message in a way he cannot anticipate that would be harmful to David."
101118 -
101119 -      [On 010427 similar worry about inability to defend support for
101120 -      SDS to improve management. ref SDS 5 TW6N
101121 - ..
101122 - I asked if his firm could issue a letter like the draft I
101123 - prepared for Bronson and Bronson.  Glenn said it would take 2 hours
101124 - for him to research the matter to draft a statement and this bars the
101125 - firm.  He indicated even if I paid them for the time, they are
101126 - unwilling to do it.  I offered to draft the letter for him.  He
101127 - declined.
101128 -
101129 -
1012 -
1013 - Analysis
1014 -
101401 - This is tantaumont to being frozen into inaction by fear of the
101402 - unknown.  It is childish and sad.
101403 -
101404 - If we are unable to proceed with something important and beneficial
101405 - because those who know about it are unwilling to say so out of fear
101406 - of the unknown, no wonder the Japenease are moving ahead in the
101407 - economic arena.
101408 - ..
101409 - It is sloppy law not to analyse potential harm of facts
101410 - established by the record, through a legal opinion.  The use of SDS
101411 - and the re- cord produced should be considered by counsel and argument
101412 - created to assuage any negative impact on Carney's entitlement.
101413 - Unfortunately it is about the standard of performance for most
101414 - lawyers.
101415 -
101416 - Part of it is economics.  Lawyers like acountants have priced them-
101417 - selves so high that they cannot do the background work needed to
101418 - properly represent the client.
101419 -
101420 - The work of Ernst & Young in the Santa Clara County Jail case is a
101421 - good example of this condition.  Their unit cost is so high because of
101422 - their reputation, that the quality of their work is awful.  They
101423 - expect to be believed like the emperor who had no cloths, ref SDS 1
101424 - line 156.
101425 -
101426 -
1015 -
1016 -
1017 - 1033 called David
1018 -   ..
101801 - I advised David of my discussion with Glenn only to the extent
101802 - that Glenn confirmed David's decision.  I thanked David for his
101803 - considera- tion.
101804 -
101805 - I also alerted him to the need to continue to manage carefully his
101806 - lawyers and other consultants, rather simply rely that they are
101807 - performing adequately.  He needs to insure that he understands why
101808 - his position should prevail and the other side is incorrect in that
101809 - if he does not understand, it then most likely his lawyer does not
101810 - understand it either and will be unable to convince an impartial fact
101811 - finder.
101812 -
101813 - This requires obtaining written opinions on major points and being
101814 - willing to pay for same.  Better to pay now than find later something
101815 - important was not understood and so the thing was lost.
101816 - ..
101817 - David said he believes Bill Murray is doing a good job.  He said
101818 - Bill has informed him that the record I prepared and managed with
101819 - respect to the other consultants, makes David's case strong.  He asked
101820 - if I believe he has a good case.  I explained that I have not seen the
101821 - record for the past 3 years, and so cannot comment.  David said New
101822 - Merit has not added anything to the record, since I was involved in
101823 - the project.  I advised that under the record as it stood when I was
101824 - involved in April, 1987, David has a good chance of winning his case.
101825 -
1019 -