Alan, after reviewing the law regarding privileged information I have concluded that the letter my brother sent to me and me alone, which appears threatening to my family, my minor children and my father and mother’s close personal friends, is not privileged under the code section you stated and therefore believe we will need to notice it up for hearing before the Judge.
The letter, after having time to review it appears further part of an extortion of my family by my brother and his counsel and the attempt to recall it after sending it directly to me and me alone, appears an attempt to cover up possible further criminal wrongdoings and so I feel that it must get out to more people including to investigators and the court.
Would you like to schedule the hearing or would you like me to?
As for your continued representation of my brother in a variety of capacities, now that it appears that most of his other legal minions have fled the scene in the midst of FORGERY, FRAUD ON THE COURT, FRAUD ON THE BENEFICIARIES AND INTERESTED PARTIES and a host of other proven and alleged criminal acts by those who have engaged your services, I again urge you to voluntarily withdraw and disqualify yourself as counsel in these matters as you are now directly involved in the matters of the ongoing FRAUD that is occurring and that you and your firm have worked directly with others to perpetrate the fraudulent misconduct.
As such you will be a material and fact witness now to these matters and many of your legal acts, including failing to report your clients misdeeds to the proper authorities and in fact further taking actions to knowingly aid and abet them, in violation of Attorney Conduct Codes and law, will soon be brought to the Court and criminal investigators attention in more detail.
I will be adding you and your firm as Respondents in the matters due to your direct involvement in perpetrating the frauds that have occurred and therefore I again ask for your voluntary withdrawal as counsel in these matters. Also, I have repeatedly asked for your malpractice and/or other liability carriers, could you please send me you and your firm’s carrier information as I will be filing malpractice and other civil and criminal claims against you and your firm.
I do believe you committed further FRAUD UPON THE COURT when you misrepresented to the Court in the hearing that the email was addressed to you, which it was not. You claimed to the Court however,
5 Ted Bernstein sent me an email. And he
6 replied to an email, and accidently the email
7 went to Eliot Bernstein. It was
8 attorney-client privileged communication
9 directly to me from my client Ted Bernstein.
10 The email went to Eliot Bernstein.
21 …It was a reply to an email
22 that had a bunch of names and accidentally it
23 went to him.
Nothing of your statement is true now that I have had time to review the email and therefore I am serving you notice per the rule you cite that I do not believe the email is privileged in any way and must be shared further with the proper authorities and others but I will give you your day in court to hear this matter before circulating it further.