July 13, 2013 E-mail exchange between Ty Clevenger

7/13/13
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Su bje c t :
Re: allen wiese
Fr o m :
Bryan Russ ([email protected])
To :
[email protected];
Dat e :
Thursday, May 30, 2013 7:39 AM
let me get this straight. you wish to advise me on the rules of professional responsibility when you are going
around soliciting people to file suits against mr. paschall when you know full well that mr. paschall is not the
trustee of the marium oscar trust? i will respond to your letter to the city of calvert.
Bryan F.Russ,Jr.
Palmos,Russ,Mccullough & Russ L.L.P
306 Cedar St.
Hearne,Texas 77859
Phone: 979-279-3456
Fax: 979-279-3712
*this message is privileged and confidential*
From: Ty Clevenger <[email protected]>
To: Bryan Russ <[email protected]>
Cc: "[email protected]" <[email protected]>
Sent: Wednesday, May 29, 2013 6:09 PM
Subject: Re: allen wiese
Let me make sure I've got this right. You're already representing John Paschall re: the Oscar estate.
Now you're planning to advise another client (Mr. Wiese) about whether he should sue your first client
(Mr. Paschall) in the same case? You can do as you wish, but I don't think the state bar (or common
sense) will look kindly on that. I have attached a letter that I sent earlier today to the city secretary. I
plan to provide copies to the city council.
From: Bryan Russ <[email protected]>
To: Ty Clevenger <[email protected]>
Sent: Wednesday, May 29, 2013 4:27 PM
Subject: Re: allen wiese
mr. clevenger:
to my knowledge mr. wiese has not sued anyone and is not involved in any suit. he is not a party to
anything. i have no conflict. mr. wiese has been our client for many years. yes, i am familiar with the
rules. thank you.
Bryan F.Russ,Jr.
Palmos,Russ,Mccullough & Russ L.L.P
306 Cedar St.
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7/13/13
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Hearne,Texas 77859
Phone: 979-279-3456
Fax: 979-279-3712
*this message is privileged and confidential*
From: Ty Clevenger <[email protected]>
To: Bryan Russ <[email protected]>; "[email protected]"
<[email protected]>
Sent: Wednesday, May 29, 2013 4:05 PM
Subject: Re: allen wiese
Mr. Russ,
I would refer you to Texas Disciplinary Rule of Professional Conduct 1.06, which prohibits you
from representing opposing parties. Do you still claim to represent Mr. Wiese?
Ty Clevenger
From: Bryan Russ <[email protected]>
To: Ty Clevenger <[email protected]>; "[email protected]"
<[email protected]>
Sent: Wednesday, May 29, 2013 3:48 PM
Subject: Re: allen wiese
dear mr. clevenger:
i just emailed you to inform you that my firm represents mr. wiese. you should not contact my
client directly again.
Bryan F.Russ,Jr.
Palmos,Russ,Mccullough & Russ L.L.P
306 Cedar St.
Hearne,Texas 77859
Phone: 979-279-3456
Fax: 979-279-3712
*this message is privileged and confidential*
From: Ty Clevenger <[email protected]>
To: "[email protected]" <[email protected]>
Cc: Bryan Russ Jr. <[email protected]>
Sent: Wednesday, May 29, 2013 3:39 PM
Subject: Fw: allen wiese
Mr. Wiese,
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I just received the e-mail below from Mr. Russ, who tells me that he is your attorney.
I believe Mr. Russ has a serious conflict of interest, because he is already the attorney
for John Paschall, the executor of the Marium Oscar estate. If the cemetery has a
claim, it would be against Mr. Paschall, which means Mr. Russ would be on both sides
of the issue. If you wish to consult an attorney regarding this matter, I strongly
recommend that you find someone who does not have that conflict.
Ty Clevenger
----- Forwarded Message ----From: Bryan Russ <[email protected]>
To: Ty Clevenger <[email protected]>
Sent: Wednesday, May 29, 2013 3:23 PM
Subject: allen wiese
mr. clevenger:
my firm represents allen wiese. he informed us that you contacted him regarding the
jewish cemetery in calvert, texas. he asked that what ever you wish for him to consider
signing that you forward to me for review. thank you.
Bryan F.Russ,Jr.
Palmos,Russ,Mccullough & Russ L.L.P
306 Cedar St.
Hearne,Texas 77859
Phone: 979-279-3456
Fax: 979-279-3712
*this message is privileged and confidential*
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