Fwd: FW: Our Retainer

<jeeproject@yahoo.com>

More regarding the problems with Harvey Pitt

Darren K. Indyke
Attorney-At-Law
457 Madison Avenue
4th Floor
New York, New York 10022
Tel: 212-750-1176
Fax: 212-750-0381
e-mail: dkiesq@aol.com

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From:	McCarroll, James C. <JMcCarroll@ReedSmith.com>
Subject:	FW: Our Retainer
Date:	Fri, 26 Oct 2007 16:36:16 GMT
To:	dkiesq@aol.com

James C. McCarroll
jmccarroll@reedsmith.com
Reed Smith LLP
Direct Tel.: 212-549-0209
Main Line: 212-521-5400
Facsimile: 212-521-5450
599 Lexington Avenue
New York, New York 10022
View Bio

From: Harvey Pitt [mailto:Harvey@kaloramapartners.com]
Sent: Thursday, October 25, 2007 6:21 PM
To: Chris Meyering; McCarroll, James C.
Cc: John Sampson
Subject: Our Retainer
Importance: High

Dear Chris and Jim,

We're scheduled to meet in NY tomorrow, but still haven't received the first tranche of our retainer payment. Moreover, I don't know who our purported clients are, and whether they've actually agreed to pay our fees. Also, I learned yesterday that, at a meeting I understand Chris attended, Dilenschneider Group was told (by Panos I think) that it wouldn't receive payment for its efforts to date, which is quite troubling both because they are important to our efforts and also because of what it reflects about the willingness of this group to pay our fees as agreed.

It's one thing to put my personal reputation on the line by making telephone calls, which I've done. It's another to start expending our own funds when we haven't been paid according to our retainer agreement. There's an obligation to reimburse us for travel, but considering that we haven't even gotten our promised fees first, undertaking this expense seems foolish.

The failure to receive our agreed-upon payment, and the information regarding Dilenschneider, leaves us queasy. I'm writing this because we'd like some comfort that we haven't been given a worthless promise. If it's this difficult to get payment at the outset of our relationship, what reason is there to believe it will get any easier to receive further promised payments and out-of-pocket travel expenses?

I'm scheduled to be on a 10 am train to New York tomorrow, for our meeting. I'm seriously wondering whether we want to do business this way. We can cut our losses now, and avoid further embarrassment as well as expense. Or, we can get the money we've been told will come, and have reasonable assurances of the remainder being paid, and go forward.

Tell me why, under these circumstances, I should board my train tomorrow. Also, tell me why I should believe that this won't keep happening for the duration of our relationship.

Harvey

Harvey L. Pitt

Kalorama Partners, LLC

1130 Connecticut Ave., NW

Suite 800

Washington, DC 20036-3915

Phone: (202) 721-0000

Fax: (202) 721-0007

Direct Fax: (202) 721-0008

Cell: (202) 321-5045

email: harvey@kaloramapartners.com

website: www.kaloramapartners.com

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