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A Constructive Trust Turned into Constructive Fraud.  Kansas Family Probate Case 
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Lawyer Brian Grace-Less


Wichita Lawyer Brian Grace. 

Need Information on Lawyer Brian Grace




Date: 2008-06-02, 11:08PM CDT

Lawyer Brian Grace asked me to mail him A $2,500 retainer to read legal documents about my case and provide me with answers to my legal questions and possibly accept my case. After he got my money he would not call me. After two months I was finally was able to contact him. He told me that he had not looked at my documents. A couple hours later he sent me a three paragraph letter telling me that he was not interested in my case. He provided me with not one single answer to my legal questions. He could not have looked at my documents for more than an hour or so. I got nothing more than his letter. Lawyer Brian Grace is a shameless and graceless shyster that the public needs to be warned about. I need information on Lawyer Brian Grace for mutual benefit and possible Federal Investigation. Please contact macphale@gmail.com. 1-800-722-9529.





Transcript of Tape Recorded Phone Conversation,

between Larry Fail, and Attorney Brian Grace.

January 16, 2008 - 10:35 AM (mst) 

Narrative 

(Not taped)

Larry Fail:  At Mr. Grace’s request I had mailed him $2,500 on November 20, 2007.  He was to review my documents and that I mailed and Emailed to him and get back to me with an evaluation of my case, answers to my questions, and a decision if he was interested in taking my case. 

               Over the following a 60 day time period, I attempted to reach Mr. Grace both by phone, Email and regular mail to talk with him.  Most of my letters and Emails went unanswered.  Many times my phone calls reached a prerecorded phone message.  I left my recorded phone messages, and also messages with members of his staff. Most of my phone messages went unanswered, and he would not return my calls over the 60 time period, with few exceptions.  I was finally able to reach Mr. Grace on January 16, 2008 at 10:35 AM (mst). He answered the phone personally.  Following is a transcript of that conversation wherein he tells me that he had not looked and any of my documents, but would do so over the “next couple of days” and get back to me with answers to all of my questions.  He did not do this.   

At 1:56 PM (mst) January 16, 2008, the same day I receive a Fax letter from Mr. Grace telling that he is not interested in representing me.  In essence he decided to represent himself instead of me, and keep my $2,500, and bill me for more money.  I have received none of the promised answers to my many questions.  This is a lot of money for reading my documents for an hour or so and telling me that he is not interested in my case. 

This conduct is shameful, fraudulent and unacceptable.  It is the direct result of the actions taken by   attorney for the defendants Gary A. Nelson.  Within minutes of receiving Plaintiff’s Motion for a Continuance via a Fax from Plaintiffs at 11:30 AM (mst), attorney Gary A. Nelson called Brian Grace, the Plaintiffs’ proposed new attorney, as anticipated by Plaintiffs.  Within minutes of the conversation between attorney Brian Grace and attorney Gary Nelson, Brian Grace made the decision not to represent the plaintiffs, thereby costing the Plaintiffs $2,500, the loss of two months of time waiting for a decision from Brian Grace to represent them. Furthermore the malicious interference of attorney Gary A. Nelson in calling Plaintiffs proposed new attorney has caused embarrassment for the Plaintiffs before the Court, resulting in a possible loss of credibility, thereby and greatly compromising and/or jeopardizing the Plaintiffs’ case before the Court.  Plaintiffs’ are entitled to damages in an amount to be determined by the Court.  Attorney Nelson, to his credit, has honestly admitted to Plaintiff Larry Fail to placing the call to attorney Brian Grace.  When Plaintiff Larry Fail asked attorney Nelson what he told Brian Grace, he declined to provide answers to the question, and suggested that Plaintiff ask attorney Brian Grace for the answers.        

Exhibits

         January 16, 2008

 10:35 AM (mst).  Conversation between Larry Fail and Brian Grace, wherein Mr. Grace tells Larry Fail that he had not reviewed any of the case Documents, and advised Plaintiff Larry Fail to file a Motion with the Court for a Continuance Fail, which Mr. Fail did do.  (See Cassette tape recording with attached Transcript.) 

 

         January 16, 2008

 12:06 PM (mst) Email letter from Larry Fail to Brian Grace with Motion for Continuance, containing a notice to the Court that Brain Grace advised Larry Fail to file the Motion for Continuance. The Motion contains the name of Brian Grace with Phone number and Email. The Motion was denied.

         January 16, 2008

 12:35 PM (mst) Email letter from Larry Fail to Brian Grace informing Mr. Grace of three available dates given by the court for the rescheduling  hearing of the January 18th Motions hearing which the Court canceled on it’s own due to a Funeral.   

 

         January 16, 2008

1:56 PM  (mst) Fax letter from Brian Grace to Larry Fail, declining the case. 


        January 16, 2008

2:06 PM (mst) Fax “DEFENDANTS RESPONSE TO Plaintiffs’ MOTION FOR A CONTINUENCE”, from Attorney Gary A. Nelson.  (See Transcript of January 18, 2008,   tape recorded phone conversation 1:30 PM (mst) between Larry Fail and Gary Nelson, wherein Gary Nelson admits to calling Brian Grace in the PM of January 16, 2008.)

         January 16, 2008

2:14PM (mst) Fax Notice of Hearing from the Court with new Motions hearing date of February 4th, 2008 at 2:14 PM (mst) 

        January 16, 2008

8:16 PM  (mst) Email letter from Larry Fail to Brian Grace and demand for the return of the $2,500.   


         January 18, 2008 Letter from Attorney Brain Grace to Larry Fail, with his “short answer”, to Larry Fail’s Email letter dated January 16, 2008 demanding the return of the $2,500. 

There is no mention of what Gary Nelson asked him or told him.  His words in the

second paragraph stating “No one tried to persuade me” is questionable, with no supporting provable information as to what Gary Nelson told him or why Mr. Nelson called him. 

The fact remains that Mr. Grace made the decision not to Represent the Plaintiffs within minutes after talking with Gary Nelson.  Mr. Grace admitted in his January 16th conversation at 10:35 AM with Larry Fail that he had not review the documents.  In the third paragraph of Mr. Grace’s January 18th 2008 letter to Larry Fail Mr. Grace attempts to justify his $2,500 fee buy telling Mr. Fail that he will only bill at “one-half our normally hourly rate for the excess time that we required to study the documents that you provided”. Then he attempts to further cloud the issue by adding,

“mostly for Tammy’s work in putting together the chronological form so I could review

it in a relatively limited amount of time.”  He could have looked at the documents nomore an hour or so considering the time that it took him to talk with Gary Nelson, draft and fax his January 16th letter declining the case.   Mr. Grace wants it both ways.  He attempts to justify the $2,500 by attempting to explain all the documents that Tammy had to “put all together”, then wants us to believe he reviewed all of those documents, in a matter of an hour or so.  Furthermore the documents that the Plaintiffs sent to Mr. Grace were already in order and identified. Plaintiffs would nothave this additional burden of the loss of time and money in dealing with Mr. Grace if attorney Gary Nelson and not of called Mr. Grace.

        January 18, 2008.1:30 PM (mst) to 2:15 PM (mst) Conversation between Larry Fail and Gary Nelson, wherein Gary Nelson admits to calling Brian Grace in the PM of January 16, 2008. (See cassette tape and Transcript.)

         November 20, 2007  


  (A complete history of phone Calls, Emails and regular mail correspondence between Plaintiff Larry Fail and Brian Grace's office will be made available upon request.    

On January 16, 2008, at 10:35 A.M. (mst) I placed a call to Brian Grace’s office, and Mr. Grace answered personally.

Taped Conversation between Larry and Brian Grace.

Introduction

Larry Fail - Oh, trying again here, January 16th Wednesday 2008, 10:35 AM, trying to call Brian Grace and Tammy, back in back in, Tammy Barker back in Wichita. I sent them $2,500 two months ago, and can’t even get them to talk to me.

(Phone ringing)

            Brain Grace:  Law Offices, May I help you.  

            Larry Fail:  Trying to reach Brian Grace or Tammy Barker.

            Brian Grace:  Well you got Brian Grace if that will do.

            Larry Fail:  Ah, Brian, this is Larry Fail out in Littleton.

            Brian Grace:  Yes sir.

           Larry Fail:  How you doing? 

           Brian Grace:  I’m doing fine, how are you.

           Larry Fail:  I thought you had taken my money and went to the Bahamas or something.

           Brian Grace:  Na, I wished to hell I had, it’s snowing here.

           Larry Fail:  Oh it is?

           Brian Grace:  Yeah.

           Larry Fail:  Well.

           Brian Grace:  Just a little bit.

           Larry Fail:  Yeah, well it’s pretty cold here as a matter of fact, ah, oh I just, did you get my      

Email from the last couple of days? 

           Brian Grace:  I had all the material that you sent us, and Tammy took all of that material,

 and built it into a five volumes of note books,

Larry Fail: uh, uh,

Brian Grace:  in a chron, a chorological form, that took quite a bit of time.

Larry Fail:  Sure, sure I understand.

Brian Grace:  That’s what the delay has been.

Larry Fail: Yeah, I understand.

Brian Grace:  And it’s on my desk right now, I got it yesterday and I need to sit down and read through it.   

Larry Fail: Yeah.

Brian Grace:  So I can write you back you back a letter and give you some thoughts on the subject, and answer a bunch of the questions you had.           

Larry Fail:  Yeah, yeah, I’ve got ah, I’ve got that hearing this Friday and ah, it’s on John Rubow’s Motion to ah, to ah, for a protective order, and then Gary Nelson’s Motion for a protective Order, and I filed my nine (9) Interrogatories and Documents requests, and of chores, ah, Gary Nelson has given me some stuff but ah by I’m going to have to file Motions to Compel. I’ll try to stave off as much as I can to keep the Judge from making decisions this Friday as much as I can and tell him that I am talking with you.

Brian Grace:  Yeah, tell him the Court or tell the other lawyers that you are dealing with counsel and they will be in touch.

Larry Fail:  Yeah that’s what I gota do so I can put off, so I hate to have to have the Judge make a decision on some of these things.  Of course he’s ah, that’s kinda what this hearing is for Friday is to decide some of these Motions.

Brian Grace:  Just ask the Judge, are you going to go down to the Motions?

Larry Fail: No, no, I’m in Littleton and I’m not going to drive back there, its’ ah, you know I do every on the phone, you know.

Brian Grace:  Yeah, well just ask the Judge, tell him that you have Counsel that’s reviewing the whole material for you, and see if you can get a couple of weeks, we should be able to get this stuff out to you. I don’t think it will get out this week.

Larry Fail: Yeah.

Brian Grace:  But it’ll get out next week for sure.

Larry Fail:  Yeah, but ah you know there’s a whole, I’ve put a want List there as far, that one on January 12th, and re-mailed that list I guess it’s just a list of questions that I have, about the Federal Court issue and then ah, ah a variety of things, I’m sure you got that one there in one of my Emails. And then the other one is the questions, ah I send out on the 14th, a few days back. I found a financial statement on my dad, and it tells a little bit about that, and them ah, I guess one of my regular questions. There is two Cases, one’s in Neosho County, one’s in Wilson, and ah I’m wondering if I should and when I should, ah ask the Judge Rogers there in Wilson on the civil case to remove Gary Nelson as the lawyer, would you suggest that or not?

Brain Grace:  Well I haven’t reviewed the material,

Larry Fail:  I understand,

Brian Grace:  to give you a concrete answer.              

Larry Fail: Sure sure sure, and then ah, Rubow is the Executor of the Probate in Chanute, and ah so the same issue might apply there.

Brian Grace:  Right

Larry Fail: And then ah, so anyway ah, yea I’ve laid it out there pretty good I think, ah maybe could, if, if kinda see where it’s at so I won’t take up anymore of your time now I’ll just try, should I file something with the Court asking for a continuance for…

Brian Grace:  Yes.

Larry Fail:  this Friday’s..

Brian Grace:  Yeah, ask for ask for a continuance; tell them you’ve consulted counsel and there reviewing the material.

Larry Fail: Ok very good.

Brian Grace:  Alright.

Larry Fail: Thank you.    

Brian Grace: Yep.

Larry Fail: ah,

(End of conversation)

__________________________________________________________________________

Narrative

(Taped)

Larry Fail:  Well ah, Brian Grace said he was, at 10:30 today ah, January 16th 2008, he said he’s ah, Tammy had arranged all the papers and he was going to review all the documents.

 He said he hadn’t had time to look at them yet, so he is going to review them to, at 10:30 AM, (mst) he told me that.  And then I receive a Fax at 1:56 PM (mst) same date January 16th, ah that he reviewed everything and decided that he is not going to represent so ah, ah he couldn’t have spent more than 10, 11, 12, (Phone ringing) two or three hours reviewing the documents.  So that’s pretty ridiculous. I’m calling him right now. He was going to give me some answers to my questions; I received absolutely nothing from him. I want my money back. I’m calling him right now January 16th, 2008, 2:35 PM in the afternoon, 3:35 PM back there.

(Phone Ringing)        

___________________________________________________________________________

       Lawyer Brian Grace took my money before he even started. This lawless miscreant counterfeit human being must be a creation from hell from which he shall return.  His sectary contacted me after seeing my plea for help on the internet. He insisted on $2,500 in cash before he would look at my documents. Feeling uncomfortable about mailing $2,500 to someone that I did not know I contacted Linda Parks, the president of the Kansas Bar Association and asked about Lawyer Grace. After receiving an Email from Linda Parks stating “He’s Excellent” I mailed Mr. Grace the $2,500. He would not return my phone calls or Emails for 60 days. Then I was able to reach Mr. Grace-less during lunch hour when his sectary was out to lunch.  He told me that he had not read my documents and told me that he would do so and answer my all of questions and possibly represent me.

       Then two hours later, after my sister’s son in law lawyer Gary A. Nelson called him, Mr. Grace-less sent me a fax telling me that he was not interested in my case.  I sent him my fax letter requesting my $2,500 back as he had admittedly done nothing.  He then mailed me a brief three paragraph letter telling me to get lost, and that he was not going to return my $2,500 because his sectary had used up all of my $2,500 arranging my documents so that he could review them, and that he would be sending me a bill for the extra time that she used in arranging my documents. Let me get this straight. He was keeping my $2,500, plus he wanted more money for his sectary to arrange my documents so the he could review them, even though he admittedly did not review them.  How can this be? 

       He cannot get by with this level of fraud, right?  Wrong.  Who is going to prevent Legal Criminals like Brian Grace from defrauding the public?  The police will send you to the Bar, the Bar will send you to another Bar, that Bar will send you back to the Bar that sent you to this Bar in the first place. The DA will laugh in your face and tell you to go home and sober up.  Linda Parks the President of the Kansas Bar Association who recommended this shyster to me told me that she did not want to get involved.  She had failed to tell me that her office was in the same building as Mr. Grace-less when she sent me her Email telling me “He’s excellent.”

       I filed a complaint against Attorney out law Brian Grace-less with William Zimmerman the volunteer director of the Wichita Bar Association.  After two months Mr. Zimmerman told me that they he could not help me as it was a voluntary arrangement with lawyers and Mr. Grace-less had chosen not to respond thereby not volunteering to cooperate. He also told me that if Mr. Grace had off chosen to respond and cooperate that a panel of three lawyers (no lay people allowed ) would have made the determination if Mr. Grace had done anything wrong.  This arrangement does not pass the smell test or the straight face test.

       Mr. Zimmerman then referred me to Stan Hazlett the Disciplinary Administrator of the Kansas OFFICE OF THE DISCIPLINARY ADMINSTRATOR. He told me that Mr. Grace had to cooperate with the OFFICE OF THE DISCIPLINARY ADMINSTRATOR and Mr. Hazlett would help me.  I’m sure?

       I had already filed a complaint against Mr. Grace at OFFICE OF THE DISCIPLINARY ADMINSTRATOR and it went nowhere. I had received the standard form letter from Frank D. Diehl the Deputy Disciplinary Administrator dated May 30, 2008 telling me the following. “Our office does not settle fee disputes”.  So who does? 

       Mr. Diehl further told me the following.  “Basically, Mr. Grace says that he spent time reviewing your case and organizing the material and that he has earned the fee which he has charged.  I note that Mr. Grace in one of the letters or emails states that he has read much of the material prior to the telephone call in question (January 16, 2008) and so your claim that he spent no time in reviewing your case cannot be proved by clear and convincing evidence to the contrary.”  IF MY TAPE RECORDED CONVERSATION WITH MR. GARCE IS NOT CLEAR AND CONVENSING EVIDENCE, THEN A VIDEO TAPED CONFESSION FROM MR. GRACE WOULD NOT BE EITHER. 

How Ridiculous and telling is this? 

       Mr. Diehl continued in his letter in stating, “Mr. Grace said that he earned the money, and you say that he did not. That is a fee dispute and we would never be able to prove by clear and convincing evidence that the fee was excessive under the facts even alleged, therefore, I have reviewed your complaint against Mr. Grace and dismiss it for lack of clear and convincing evidence. I am returning your audio tapes to you.”  

Who was Mr. Diehl going to present his evidence to?  No doubt some more lawyers. (Non-Lawyer Lay people not allowed.)     

This arrangement does not pass the smell test, or the straight face test.

       Mr. Diehl provided me with no proof that he even contacted Mr. Grace and therefore I feel that he did not formally contact Mr. Grace and he sent my tape recording of Mr. Grace back to me to avoid having any contaminating proof in his office that Mr. Grace had defrauded me.  The attached Transcript of my conversation with Mr. Grace on January 16, 2008 wherein Mr. Grace admits that he had not looked at “reviewed” my documents is “CLEAR AND CONVIENCING EVIDENCE” that Mr. Grace that not only defrauded me he also lied to the OFFICE OF THE DISCIPLINATY ADMINSTRATOR when according to Mr. Diehl, “Mr. Grace says that he spent time reviewing your case.”  Mr. Grace is as confident of being able to defraud people and get by with it as a bank robber would be in robbing the bank and having the bank guards in on the robbery and acting as look outs for to warn him of what?  The bank guards are coming?  If it wasn’t criminal it would be laughable.         

       On the advice of Mr. Zimmerman I decided to call Mr. Hazlett. He told me that he would look into it. I re-mailed my complaint and the tape and correspondence back to Mr. Hazlettt. He did not even contact Mr. Grace. After more wasted time Mr. Hazlett wrote me a letter telling me there was noting that they could do because I had not presented any clear and convincing evidence to prove my case, even though I had twice sent them a tape recording and transcript of my conversation with Mr. Grace telling me that he had not looked at my documents. Mr. Grace had told me this just two hours before telling me that he was not interested in my case.

      Mr. Hazlett told me that they do not do “fee disputes” and referred me back to the Wichita Bar Association, who had referred me to him.  I told Mr. Hazlett and others with the bar in my complaint, my letters, and my phone conversation that this was not a fee dispute, it was fraud.

     Stan Hazlett with the Kansas Bar Association also told me that he was very busy - with lawyer complaints, as that is alleged job. I told him that if they would discipline corrupt lawyers like Mr. Grace-less that they would not have so many complaints, because the word would get out to bum lawyers like Mr. Grace that they cannot screw innocent people, and then he would not be so busy. Lawless Lawyers Like Wichita           Attorney Out Law Brian Grace-less know that they can screw and defraud people, keep the cash and get away with their crimes because they have set up their own self regulating agency.  Then they have the audacity to get mad when some lay person with lawyer experience cracks a lawyer joke or complains about getting screwed by lawyers.     

_____________________________________________________________________________________

                                               Larry Fail

                                                    5470 SO Greenwood St.

                                                       Littleton, CO 80120

                                           303-730-2100 - Fax 303-347-2100

                                               Email Larry@requestusa.com

 

June 25, 2008

Stan Hazlett

Office of the Disciplinary Administrator

701 Jackson St.

Topeka, Kansas 66603-3729

RE:  Follow up on Request for Investigation of Fraud committed by Wichita Kansas

        Lawyer Brian Grace and affiliation with Wichita Kansas Lawyer and President of

        the Kansas Bar Association Linda Parks, and related issues. 

        (THIS IS NOT A SIMPLE FEW DISPUTE - THIS IS FRAUD.)  

Dear Mr. Hazlett,

I have enclosed a letter dated June 20, 2008 from Wichita Lawyer William H. Zimmerman Jr.  Mr. Zimmerman is affiliated with the Wichita Kansas Bar Association.

Also see my letter to Mr. Zimmerman dated April 28, 2008 appealing for his help. He has assured that you have more power to help me than he does.  Apparently he had none.

I also enclosed letter dated May 14, 2008 from Wichita Lawyer William H. Zimmerman Jr. to Larry Fail, and letter dated May 14, 2008 from Wichita Lawyer William H. Zimmerman Jr. to Wichita Lawyer Brian Grace.

I had filed a complaint with the Wichita Bar Association on March 4, 2008 in an attempt to get some help from them in getting my $2,500 back that I paid to Brian Grace on November 20, 2007 in the likely event that the State bar could not or would not help me.  As you can see in reading Mr. Zimmerman’s letter Mr. Grace chose not to cooperate with the Wichita Bar. As his cooperation is on a Voluntary basis so he did not have cooperate. This is akin to the DA calling the Bank Robber and gently and kindly saying to him, would you please pretty please with sugar on it volunteer to being investigated for Bank Robbery?  Then saying to him before he answers, you don’t have to if you don’t want to, it’s strictly on a volunteer basis, and if you don’t want to be investigated we won’t bother you anymore or interrupt your slumber OK?

I have sent Mr. Grace several letters of demand asking for my money back as he had provided me with not one scintilla of service other that than the type that a Bull provides to a Cow.  I have enclosed a Registered Letter Envelope with a USPS Postage stamp dated February 19, 2008.

The Post office notified Mr. Grace six (6) times and he failed and refused to pick up my letter and it was returned to me.

Mr. Zimmerman had assured me on the phone that he would help me and that he would call Mr. Grace which he apparently attempted to do.  He told me several times that that Mr. Grace’s cooperation with the Wichita Bar Association was on a voluntary basis only.  He also assured me that Mr. Grace’s cooperation with the Kansas Bar Association is mandatory and not on a voluntary basis.  Is this true? 

 The last time that we talked on June 16, you told me that you were covered up with work or was very busy and/or behind on your work or something to that affect.  Mr. Zimmerman told me the same thing.  I can only say this.  There would not be so many complaints against lawyers if the lawyers knew that they could not get away with what Brian Grace is trying to do to me. Some people will do anything for money if they think that they can get away with it and undoubtedly Brian Grace feels comfortable with the knowledge that he can get away with taking my $2,500 and giving me nothing in return but a worthless three paragraph letter telling me he is not interested in my case. 

Why does Mr. Grace feel so comfortable in stealing my money and ignoring me, The Wichita bar and the Kansas Bar?  Because there is no regulatory authority that will do anything to prevent him from robbing the public as he is attempting to defraud me. He knows the Kansas Bar Association does not do fee disputes cases

Please see Letter dated May 30, 2008 from Frank D. Diehl Deputy Disciplinary Administrator. The letter states that my claim did not present clear and convincing evidence that Mr. Grace spent no time in reviewing my case. Please read Page 3, last paragraph of the Tape Transcript between Mr. Grace and Larry Fail dated January 16, 2008 – 10:35 AM (mst) and listen to the corresponding tape recording of the conversation wherein Mr. Grace states ‘WELL I HAVEN’T REVIEWED THE MATERIAL.”  Mr. Grace told me two hours later that he was not interested in my case. Considering that Mr. Grace went to lunch, talked with my advisory and my sister’s son in law Leavenworth lawyer Gary A. Nelson, and typed up his get lost letter and faxed it to me, tell me how much time Mr. Grace had left out of the two hours to read my documents?   It could not have even been one hour so where did he earn $2,500?  Where is the logic in Mr. Diehl’s letter?

Mr. Grace knows that the Wichita Bar Association is a Toothless Tiger as he has to choose to cooperate with on a voluntary basis. So where is the beef? Where is the regulatory agency that a person that has been defrauded by a lawyer turn to?  The word is also out you can’t do anything to a lawyer because he is licensed. 

It is the same thing with car dealers and selling cars.  An unlicensed person can only sell three cars in one year without breaking the law. A licensed dealer can sell as many as they want to.  I asked the DA why they prosecute unlicensed people for selling more than three of their own cars in one year.  She responded because we have to protect the public from unsafe cars and bad car deals.  I have operated a lawyer referral service in Colorado for 18 years and 90 % of the calls that I get from people needing a lawyer because they got screwed on a car deal or bought an unsafe car was from dealers not private parties.  I send the people to the DA for help and the DA tells them that there is nothing that they can do because the dealer has a license. So it's ok to screw someone if you have a license?  So what is the purpose of a license?  With car dealers is makes them an official tax collector for the sate.  Apparently the only reason that a lawyer is required to have a license is to show that they went to law school and to discourage pro se litigants.

Dishonest Lawyers are dishonest people, and dishonest people will defraud other people if they think that they can get away with it.

If people thought that all cops spent all of their time in the doughnut shop and did not bother with enforcing traffic laws the highways would be far less safe that if the traffic laws are enforced.  Mr. Grace and other dishonest lawyers like him must think for some reason that the laws against them defrauding people does not apply to  lawyers and/or are not enforced against lawyers.

According to Linda Parks, the president of the Kansas Bar Association, Brian Grace is “Excellent.”  Excellent at what is the question.  Excellent at defrauding people, and then excellent and getting away with it should not be the answer. In doing my due diligence, I relied solely upon the “He’s Excellent” recommendation of Linda Parks before sending my $2,500 to Brian Grace.  After Brian Grace ripped me off and refused my repeated demands to return my $2,500 for “NO SERVICES RENDERED”, I ATTEMPTED TO GET Linda Parks help me in getting my money returned to me.  She refused to help me. In my opinion Ms. Parks is responsible to some degree for my loss as a result of her recommendation of this crook to me.

This has been a very costly time consuming bad experience in dealing with Mr. Grace. It has only added to added to my expense and misery in dealing with my case. I have exhausted all of my options unless you are able to help me. If you cannot get Mr. Grace to give my $2,500 back to me I will be forced into taking Brian Grace and Linda Parks to small claims Court in Wichita which will only ad to more expense and misery, however I cannot and will not allow Mr. Grace to rip me off like this and maintain any degree of self respect.    

Please help me get my $2,500 back.  I desperately need the money to pay the new young lawyer for researching and writing the two response briefs to the defendants Motions for Summary Judgment in my Wilson County Case.  If I cannot pay him he will not give me the briefs and if I do not file the briefs I loose my case. Please see enclosed supporting letters and documents and listen to the tape recording. 

Sincerely,

Larry Fail - MacPhale

cc Linda Parks

Brian Grace

Enclosures

 

  1. Letter dated June 20, 2008 from Wichita Lawyer William H. Zimmerman Jr.  To Larry Fail.  Mr. Zimmerman is affiliated with the Wichita Kansas Bar Association.
  2. Letter dated April 28, 2008 to William H. Zimmerman Wichita Bar Association from Larry Fail. 
  3. Letter dated May 14, 2008 from Wichita Lawyer William H. Zimmerman Jr. to Larry Fail.
  4. Letter dated May 14, 2008 from Wichita Lawyer William H. Zimmerman Jr. to Wichita Lawyer Brian Grace.
  5. Registered Letter Envelope with a USPS Postage stamp dated February 19, 2008.
  6. Two Demand Letters to Brian Grace and Linda Parks.
  7. Cassette  Tape of Recorded Conversation between Lawyer Brian Grace and Larry Fail on January 16, 2008, and Corresponding Transcript of Tape Recording.
  8. Letter dated May 30, 2008 from Frank D. Diehl Deputy Disciplinary Administrator, State Bar Association, and State of Kansas.   
  9. Four (4) Letters to Dale Nelson.

_____________________________________________________________________________________

                                               Larry Fail 

                                     470 South Greenwood St,

                                               Littleton, Colorado 80120

                                  303-730-2100 / 1-800/ 722-9529 / Fax 303-347-2100

                                 Email Larry@requestusa.com macphale@gmail.com               

                                                            

May 22, 2008

Brian Grace

Attorney at Law

100 North Broadway, Suite 510

Wichita, Kansas 67202

_______

Linda Parks

Attorney at Law

President of the Kansas Bar Association

% Hite, Fanning & Honeyman L.L. P

100 North Broadway, Suite 950

Wichita, Kansas

RE:  Final Demand for the return of my $2,500, before the filing of Legal

        Action.  No services provided or Received in Fail v Fail case.

Dear Mr. Grace, and Ms. Parks,  

           This is my final demand letter for the return of my $2,500 that I sent to Brain Grace on November 21, 2007.  Mr. Grace provided not one scintilla of service to me to earn and/or justify his taking and keeping my money.  All that I received from Mr. Grace was a short three paragraph letter on January 16, 2008 telling me that he was not interested after talking with opposing counsel Gary A. Nelson who discouraged and dissuaded him from taking my case.

           In my first demand letter to Mr. Grace dated January 16, 2008 for the return of my money I told him “please do not play with me on this, neither one of us can afford it.”  Mr. Grace has chosen to ignore, deceive, defraud me and keep money. 

        Please see the enclosed copy of my letter to Mr. Grace dated October 29, 2007. I mailed it to him 30 days prior to sending him my $2,500 wherein I appealed to him for information and some assurance from him that he was not going to rip me off, and that he would help me. He refused to provide me with any information and/or assurance so I called Linda Parks, the president of the Kansas Bar association.  Linda told me in her Email on November 21, 2007 that she knew Mr. Grace, and she said “He’s Excellent.” Based solely on her recommendation, I sent Mr. Grace my $2,500.  Mr. Grace refused to provide me with any information and/or assurance, before I sent him my money, and he refused to provide me with any information and/or assurance after I sent him my money, and he did rip me off, and he did not help me.  It was a prophetic letter. 

Oh what a tangled web we weave when first we practice to deceive.” (Sir Walter Scott)

         I am still holding Mr. Grace’s Check No. 6336 dated February 29, 2008 n the amount of $293.85. (Copy enclosed) Please send me the remainder of me my money in the amount of $2,206.15 so we can stop the spinning of the web.  None of us needs another tangled web to eat up our time, our money and our lives.  The money that I sent Mr. Grace was borrowed from a Littleton Pawn shop. I have been paying 10% interest per month.  So far I have paid $1,500 in interest, and you should reimburse me for this, as this is the cost of my money that you have had the use of for six months.  

          If I do not receive the remainder of my money on or before June 3, 2008 I will be filing my case in the Federal Court in Denver Colorado subject to applicable Federal rules and acceptance by the Court, or the District Court in Wichita Kansas.  I will be asking for attorney fees, actual damages, punitive damages and any other relief that the Court and/or jury may award as a result of your unethical and unprofessional conduct which has allowed various statutes of limitations to expire in my case, and thereby greatly compromising my case.   

Sincerely,

                                                                                              Brian Grace Final Demand 05222008

Larry Fail

cc  Kansas Bar Association       

 ____________________________________________________________

                                                                                        

Letter previously mailed.

October 29, 2007

Brian Grace

RE: Fail V Fail

I would like to appeal to your human side if I may.  There are times in life when we all are faced with difficult decisions.   Some of us know in our gut when we should do the right thing, and we do it without reservation.  Others could care less, are only concerned with “what’s in it for me” and the hell with what’s right.  I have been on both sides of the argument.  When I stepped up and stood for what was honest, honorable and correct my much- needed self respect was replenished.  When I turned away and said that it’s not my problem, or refused to get involved unless I could capitalize on some one else’s pain and misery, it made me miserable and I have never stopped paying a price for it.  We see a hit and run and the victim is laying in the street bleeding to death. Should we run away also, or should we use bad lawyer’s logic, bend down and remove all the cash from the victim’s wallet for ourselves before we call the police?

           I know we cannot save the world, as much as we may want to, however there are times that we must at least try to make a difference for the betterment of us all.  There are times we must try to turn a wrong into a right, or our lives have no value.  My case is one of those times.  I do it everyday in my own little way on the phone with Dial 4-Lawyer in talking with people whose lives has been shattered. What I need is a warm blooded lawyer that has passion for justice, and my case as much or more than he cares for just the money.  What I do not need is another lawyer that has passion for the money only, and the hell with justice or my case. 

           I need to know what type of a person, and what type of a lawyer that you are, and if you are willing to help be determine that before I spend money on another crap shoot.  If this is too much trouble for you, I need to know it now rather than later.  I need a lawyer that I can commit myself to and believe in.  I need a lawyer that will do the same for his client.    

Sincerely,

Larry Fail                                         

____________________________________________________________________________________

                                                     Larry Fail

                                                    5470 SO Greenwood St.

                                                       Littleton, CO 80120

                                           303-730-2100 - Fax 303-347-2100

                                               Email Larry@requestusa.com

                                                          www.failvfail.com

July 7, 2008

Stan Hazlett

Office of the Disciplinary Administrator

701 Jackson St.

Topeka, Kansas 66603-3729

RE:  Response to your letter dated June 26, 2008 concerning my requested Investigation of Wichita Lawyer Brian Grace for Misrepresentation and Fraud.

        (THIS IS NOT A SIMPLE FEW DISPUTE - THIS IS FRAUD.)  

Dear Mr. Hazlett,

Wichita lawyer Brian Grace defrauded me.  I want my $2,500 returned to me. I received your letter dated June 26, 2008 apparently before you received my letter to you dated June 25, 2008.  Your position is totally unacceptable to me.  I have addressed and responded to each of your stated issues as outlined below and will offer you this last one time opportunity to resolve this situation by investigation, and/or calling Wichita Lawyer Brian Grace and appealing to him to send my $2,500 back to me as he provided no services, and/or schedule a face to face mediation meeting with a mediation board, yourself, Brian Grace and myself and other parties and witnesses as needed with a Court Reporter present.     

Stated Issues;

No. 1.  Your explanation that you take exception with my position that the tape recorded conversation of January 16, 2008 between me and attorney Grace supports my position that Mr. Grace did not earn the $2,500 retainer that I sent to him. 

My Response;

The tape recording and the corresponding Transcript of the Tape Recording speaks for it’s self wherein Mr. Grace States in the last paragraph as follows.

Brian Grace:  “Well I haven’t reviewed the material.”    

Two hours later after talking to attorney and defendant Gary A. Nelson he sends me a Fax telling me that he is not interested in my case. 

 No. 2.  Your statement to me in your letter.  “You have concluded the statements made by Mr. Grace in that January 16th conversation proved conclusively that Mr. Grace had not reviewed any of the material which you sent to him.

My Response; 

It was much more than a conclusion.  It was Mr. Grace’s own words. “Well I haven’t reviewed the material.”    

No. 3.  Your statement to me in your letter.  Obviously, it would have been necessary for Mr. Grace to review some of the material to be able to have those conversations with you and correspond with you”. 

My Response;

Your words are pure speculation.  I had conversations with Mr. Grace about my case and the issues before he requested that I send him my $2,500, and before I agreed to send him my $2,500, after I received the “He’s Excellent” Email from Linda Parks the president of the Kansas Bar Association who’s office is in the same building as Brian Grace.  She failed to mention this to me.  I sent Mr. Grace my $2,500 and my documents to review on November 20, 2007.  I sent him others later.  He would not return my phone calls or emails from November 20, 2007 to January 16, 2008 when I called him during the noon lunch when his sectary was out and he answer the phone himself.  He admitted he had not review the material.  Then later that same day after he talked to Lawyer Gary A. Nelson my adversary in my case Fail v Fail he told me that he did not want the case. 

He got his information about the case from my oral conversations with him before I sent him my documents and his oral conversation with Lawyer Gary A. Nelson on January 16, 2008 the same day he told me that he did not want my case and decided to steal my $2,500. What is so difficult to understand here?      

I also had sent Mr. Grace various Emails over a period of time with information about the case.  This is where he got information about the case.  He did not get any information about the case by reviewing the documents as he told me that he had not reviewed the documents.  I had no oral conversations with Mr. Grace after he received my $2,500 in November 2007 until the tape recorded conversation with Mr. Grace on January 16, 2008. 

What is so difficult to understand here?  He did not review the documents that he charged me $2,500 for his sectary to organize so he could review them. 

He charged me $2,500 for his sectary to arrange my documents that he admittedly told me that he did not review.

How is this not Fraud?   

How is this not theft my deception? 

Your speculation wherein you state, “ It seems more likely to me that Mr. Grace was indicating that he needed to review some more of the material or review material again than that he had not reviewed the material at all.” This is a stretch on your part and has no relationship to the facts or realty. It is nothing more than pure speculation on your part and bears no resemblance to the facts.   

No. 4.  Your statement to me in your letter.  “Itemized bills regarding the services provided by his office in your case.”

My Response;

Note –See Brain Grace’s letter to me dated February 29, 2008, with Invoice and Check.  (See Exhibit No. 2, Sub Exhibit No. 20, of the Complaint.)  I did not receive any itemized bills from Brian Grace until after the fact and the conversation on January 16, 2008. 

On March 3, 2008 I received Brian Grace’s letter dated February 29, 2008 with his back dated invoice dated to February 5, 2008 along with his refund check No. 6338 dated February 29, 2008 in the unacceptable amount of $293. 85.  This was a disingenuous attempt by Mr. Grace to cover up his deceit.  On January 16, 2008, Mr. Grace states in his own words “Well I haven’t reviewed the material.”   This was the same day that he told me that he was not accepting my case.  I hired him to review my documents and give me legal answers to my legal questions as is supported by Mr. Grace’s own statements in the tape transcript dated January 16, 2008 wherein he states as follows.

Brian Grace:  “So I can write you back a letter and give you some thoughts on the subject, and answer a bunch of the questions you had.” 

Now please stay with me here - I received not one oral and/or written answer to a single oral or written question that I had asked Mr. Grace.  Not a single one - is a lot less that “a bunch” as Mr. Grace had promised me in our tape recorded conversation.         

No. 5. Organize documents.  You state to me in your letter. “I do not consider that it would be out of the ordinary that Mr. Grace would charge you some money to organize documents before he reviewed them.” 

My Response; 

No where in any of Mr. Grace’s letter’s to me and/or my letter’s to Mr. Grace prior to his billing me did he tell me, and/or did I agree to be charged for and/or pay for any arranging of documents. This is fluff and smoke.  It is a disingenuous, deceitful and misleading fraudulent billing attempt to defraud me and keep my $2,500.  Your condoning this flagrant and egregious conduct is extremely frustrating and totally unacceptably to me and/or any other fair minded and honest person.   Additionally I had sent all of my documents to Mr. Grace in an identified and organized fashion or order with cover letters of explanation.  An investigation would have shown you this.

No. 6.  Ultimately, you state “Ultimately, I agree with Mr. Diehl that we could not prove your allegations by clear and convincing evidence. 

I do believe this is a fee dispute matter. I would suggest that you contact the Wichita Bar Association and pursue this matter as a fee dispute. I do not believe that clear and convincing evidence exists to prove a violation of the Kansas Rules of Professional Conduct by Mr. Grace.”         

Apparently you have used this standard and bogus clear and convincing evidence brush off to the Wichita Bar Association so often and on such a regular basis that you forgot that it was the Wichita Bar Association that referred me to you.  The first time that I talked to you I told you that Bill Zimmerman with the Wichita Bar Association had referred me to you because Mr. Grace may not cooperate.  Mr. Zimmerman told me the following. “The Wichita Bar Association fee dispute program is on a voluntary basis for Mr. Grace and all other lawyers, but the Office of The Disciplinary Administrator is not on a voluntary basis and Mr. Grace has to cooperate, and Stan Hazlett will help you.”  I thought that he was sincere so I called you. However this was not to be the case.  In other words as it turns out the complainer is put out on a wild Goose Chase to chase his tail feathers.  It goes like this.  I will tell him to contact you, and you tell him to contact me, and you tell him to look over there for help, and I will sand bag him with the - you did not present any clear and convincing evidence so there is nothing that we can do.  On and on etc, etc, until the victim dies of old age and turns to dust and blows away, and the lawyer gets to keep the money that he stole from his victim. 

Discriminating injustice.  Lawyers v non-lawyers.  Clear and convincing evidence against non-lawyer Joe Lunch Bucket can be nothing more than an anonymous phone call to the DA from a pissed off and scorned ex-girlfriend while a signed confession on video tape would not meet the standard of  Clear and convincing evidence if a lawyer was the offender.  

In addition to the problems and stresses in the Fail v Fail case (See FailvFail.com) and the additional burden of getting defrauded by Wichita Lawyer Grace, and the brush by you and your office and the paper tiger Wichita Bar Association, I was told on July 3rd by my Doctor that I have prostrate cancer.  I need my $2,500, and not more BS cover ups and stress.

Please reconsider your decision stated in your June 26, 2008 letter to me and investigate Lawyer Brian Grace and/or directly appeal to him, and/or assist me in getting my much needed $2,500 returned to me so that I can pay the other Wichita Lawyer the $2,500.  He needs this money immediately in addition to the $1,500 that I have already paid him to complete his research and writing of my two response briefs.  My responses briefs to Attorney Gary A. Nelson and attorney Steve Doering’s two Motions for Summary Judgment must be filed very soon.  Attorney Nelson is a co-defendant and attorney for eight of the nine defendants in Fail v Fail and attorney Doering is the attorney for attorney and Executor John C. Rubow.  Please help me get my much needed money back from Lawyer Brian Grace.  He provided me with no service of any kind whatsoever.  Could you please call and talk with lawyer Brian Grace in Wichita. 

If you and Mr. Grace can talk and resolve this matter it will so very much appreciated and I will consider it fair and professional, and the end to the issue - upon me receiving my $2,500. 

However, if you and Mr. Grace cannot help me resolve this matter within ten (10) days by Mr. Grace returning my money I will be forced to immediately take the following action. 


1. File a case for money judgment against lawyer Brian Grace and Linda Parks in the Wichita Court. 

 

2.  Post and advertise my two complaints and all related correspondence and tape recordings on www.FailvFail.com and all internet blogs and all major search engines for the world to see my two complaints to the Kansas Bar Association, dba Office of the Disciplinary Administrator and the Wichita Bar Association.  The postings will include, but will not be limited to all related tape recordings and correspondence to and from lawyer Brian Grace, the Kansas Bar association and the Office Of The Disciplinary Administrator , and the Wichita Bar Association and it’s director William Zimmerman.


3.   Mail and Email and post on FailvFail.com copies of my two complaints to the Kansas Bar Association, dba Office Of The Disciplinary Administrator, and the Wichita Bar Association, copies of all documents and related tape recordings and all Emails and correspondence to and from lawyer Brian Grace, Linda Parks, the Kansas Bar Association and the Office Of The Disciplinary Administrator, and Frank D. Diehl and Ron Hazlett, and the Wichita Bar Association and it’s director William Zimmerman to the following.


A.   All Members of the United States Congress, House and Senate. 

           B.   All Members of the Kansas Legislative body - House      

                and  Senate.

  C.  All Members and staff in all Departments of Washburn University, and School of Law Topeka Kansas. 


   D.  Kathleen Sebelius, Governor State of Kansas.

 

   E.   Bill Zimmerman. Wichita Bar Association.


   F.  Steve Six. Kansas State Attorney General.

 

   G.   Michael B. Mukasey. United States Attorney General.      Washington D.C.  


     H. Eric F. Melgren. U.S.  Attorney. District of Kansas. 


     I.Troy Eid. U.S. Attorney. District of Colorado.


J.   Robert Mueller. Director of Federal Bureau Investigation.Washington D. C.

     K. Federal Bureau of Investigation. Wichita Kansas

      James Davis Federal Bureau of Investigation - Denver Colorado

     Media – 60 Minutes, CNN, Front Line, Oprah, Local and National TV News Stations. 

 

Wichita lawyer Brian Grace defrauded me.  I want my $2,500 returned to me. I will not quit, and I will not go away – ever.  As a Citizen of the United States of America, the State of Kansas and the State of Colorado, I am duty bound to do nothing less than to expose and fight civil torts, crimes   including misrepresentation and Fraud against citizens, especially Seniors Citizens. Deceitful unprofessional conduct and Elder Abuse whenever and wherever I see it to protect and preserve the dignity of State and Federal laws, and the Federal and State Constitutions and the citizens that the laws and these documents are to serve and protect, including myself. 

 

As a victim lawyer swindle and fraud, and in an attempt to resolve the problem, I jumped through the legal hoops and obstacles that are put there by the lawyers to protect the rights of the lawyers. There are no valid laws or barriers real and/or imagined in place to protect the rights of the public from the lawyers as the public does not write the laws.  I have covered all the bases and options offered to me by the lawyers and the system. 


All too often the lawyer’s system’s plan anticipates that the victims of lawyer abuse will die of old age before the lawyer may be held accountable, and then it is too late.  I am only 67 years old and was diagnosed last week with prostrate cancer. This may sound like good news for corrupt lawyers like Brian Grace, but my Doctor told me today that I have a 90 % chance of being cured and I may live another ten (10) years.  I will not quit attempting to get my $2,500 back from Lawyer Brian Grace, and telling the world about him and the Kansas Lawyer Protection Agency dba Office Of The Disciplinary Administrator and the meaningless, voluntary for offending lawyer’s like Brian Grace and therefore worthless - Wichita Bar Association until I die.  In one of our conversations you told me something to the affect that you are very busy (investigating complaints against lawyers I presume) and therefore it may be some time before you could get back with me. If you want to decrease your work load then start disciplining and disbarring bad lawyers that rob people and put the message out that your office is there to protect the public against criminal minded and crooked lawyers rather than to protect them against their victims. 

 

I have made every effort possible in an attempt to resolve this matter by filing two complaints with your office and the Wichita Bar Association.  I have attempted to cooperate in every way possible with Wichita Lawyers Brian Grace and Linda Parks, your office and the Wichita Bar Association all to no avail. I have received nothing but poisoned mushroom food from the Volunteer Association dba WBA, and/or the State of Kansas Regulatory Agency known as the Office Of The Disciplinary Administrator, your office.  I have received no help from anyone in an official capacity that holds them selves out to have powers to protect the public and victims of lawyer fraud and abuse. This is not only totally unacceptable to me but is also vile and repugnant to me. If I do not receive my $2,500 on or before July 18, 2008 I will be forced to take steps One (1), Two (2) and Three (3) listed above.

 

Please see

 

www.FailvFail.com

 

Stealing a person’s land is expensive and unacceptable.

 

www.dial4lawyer.com

 

Fighting injustice

Mission Statement 

"The Smallest Light Shines in the Dark"
We are all entitled to Equal Justice.

Our Mission is to help everyone that calls us to find ethical, affordable and competent legal representation to address their legal challenges. The alternative is to turn America into a third world country.

While America's Justice System is unjust all too often, the innocent go to prison the guilty go free, thieves are not forced to make their victims whole, and we must keep trying. We must keep striving for Justice least we drive people to street Justice and violence as their only alternative. This is what has kept violent third world countries, violent third world countries. Their Courts and Judicial Systems became corrupt, ruled by the Sophist and powerful of the day.

Handing out Justice only to those with Money, Power and Control, in that order. Favoring the word wizards as was the case in ancient Greek times when the Sophists ruled. All too often in today's Courts, unjust laws are written by compromised lawmakers who are in the pockets of modern day Sophist, and interpreted and enforced by compromised Judges who rule in favor of the favored. The word wizards who desire justice are worthy litigators. The unethical word wizards who desire money, control and power more than equal justice are unworthy of the American dream and God's Kingdom. The America Dream is but a Dream unless, and until we make it a reality by accepting nothing less than fair and equal justice for all. "Injustice for one is injustice for all." - Martin Luther King

 

I have been instrumental in having several lawyers disbarred.

 

Please Google - AD-X International, Inc. & Larry MacPhale v Kenneth Edward Kolbjornsen. 

          

Sincerely,

Larry Fail - MacPhale

cc Linda Parks

     Brian Grace

Enclosures (less those previously received)

  1. Complaint and letter dated May 16, 2008 to the Office Of The Disciplinary Administrator against Wichita Lawyer Brian Grace.
  2. Complaint and letter dated May 16, 2008 to the Office Of The Disciplinary Administrator against Wichita Lawyer Linda Parks.
  3. Letter dated May 30, 2008 from Frank D. Diehl Deputy Disciplinary Director, Office Of The Disciplinary Administrator about complaint against Wichita Lawyer Brian Grace.
  4. Letter dated May 30, 2008 from Frank D. Diehl Deputy Disciplinary Director, Office Of The Disciplinary Administrator about complaint against Wichita Lawyer Brian Grace.
  5. Letter dated June 25, 2008 to Lawyer - Stan Hazlett, Office Of The Disciplinary Administrator
  6.  Letter dated June 26, 2008 from Stan Hazlett, Office Of The Disciplinary Administrator
  7. Letter dated May 14, 2008 to Larry Fail from the Wichita Bar Association, William H. Zimmerman, Jr. Case, Moses, Zimmerman & Wilson, P.A.
  8. Letter dated May 20, 2008 to Brian Grace from Wichita Bar Association, William H. Zimmerman, Jr. Case, Moses, Zimmerman & Wilson, P.A.
  9. Letter dated May 20, 2008 to Larry Fail from Wichita Bar Association, William H. Zimmerman, Jr. Case, Moses, Zimmerman & Wilson, P.A.
  10. All Correspondence with the OFFICE OF THE DISCIPLINARY ADMINSTRATOR.
  11. All Correspondence with the Wichita Bar Association and letter dated June 20, 2008 from Wichita Lawyer William H. Zimmerman Jr.  Mr. Zimmerman is affiliated with the Wichita Kansas Bar Association.
  12. Murder of Our Nation, Published in the AMERICAN SUNBEAM, December 5, 1983, Issue No. 610 – Letter dated May 20, 2008 to Brian Grace from Wichita Bar Association, William H. Zimmerman, Jr. Case, Moses, Zimmerman & Wilson, P.A.

    

_____________________________________________________________________

           Linda Parks E Mails

 

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Linda Parks <parks@hitefanning.com> 


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 11/19/07 


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Larry MacPhale <macphale@gmail.com>

 


date


Nov 19, 2007 2:13 PM

 


subject


Re: Fail v Fail Civil case in Wilson County Kansas

 


mailed-by


hitefanning.com

 












 

I know Brian Grace.  He is excellent.

>>> "Larry MacPhale" <
macphale@gmail.com> 11/14/2007 11:07:46 PM >>>

- Show quoted text -

 

Dear Li I was going to talk with you about my case and some lawyers. What do you know about the following lawyers. 1. Brain Grace - Wichita.

2. Ted Knopp - Wichita.

3. Kurt Kluin - Chanute. 
 

I called the Depew law office a long time ago three different times and was always told by the receptionist that they were to busy and was not talking to anyone or taking any new cases. 

 

Big town lawyers have told me that they do not want to go to small town Fredonia because they are fearful of being "small towned", and small town local lawyers in Wilson and Neosho Counties have told me that they do not want to go up against local Chanute attorney John Rubow personally because "I have to work with him every day."  This attitude, mindset and reality offers each lawyer insurence that they will be "taken care of "if they "take care of." 

 

This "scratch mine" and I will "scratch yours" problem is a real and present danger to the general public and the justice system. This is an issue that the President of the Kansas Bar may want to look into. 

 

In the mean time can you provide me with some information on lawyer Brain Grace, Ted Knopp, and Kurt Kluin.

 

I would greatly appreciate some lawyers names that you think may want to look at my case and make some money.

 

 

Thank you,

 

 

Larry Fail

 

       
 

On 11/14/07, Linda Parks <parks@hitefanning.com> wrote:

Dear Larry

Apologies for not getting back to you sooner.  I am currently serving as the President of the Kansas Bar Association and otherwise have a pretty heavy caseload and so have been out of the office more than I have been in it. 

I have now had an opportunity to review the materials you sent and it appears that you have or maybe had counsel in pursuing the claim you describe.

 

I am simply not in a position to take on your matter at this point.  I would be happy to provide you the names of attorneys in Wichita who I think are excellent and who may be in a better position to take this on.  I do not know many of the lawyers in Southeast Kansas anymore but I do know the lawyers at the Depew Firm in Neodesha and I think they are competent and could likely be of assistance if you want someone who is local.
Again, I apologize for not responding to you sooner.

Regards

 

Linda S. Parks
Hite, Fanning & Honeyman LLP
100 N. Broadway, Suite 950
Wichita, KS  67202
Office: (316) 265-7741
Fax: (316) 267-7803

 

CONFIDENTIALITY NOTICE:  This message contains confidential information which is legally privileged.  It is intended only for the recipient named above.  If you are not the intended recipient, you can not disclose, copy, distribute, or take any action in reliance on the contents of this message.  If you received this message in error, please notify me by email and delete this message..
>>> "Larry MacPhale" <
macphale@gmail.com> 11/6/2007 12:02 AM >>>
 

Dear Linda,

 

I was born in Neodesha on January 18, 1941. My parents were farmers east of Altoona. They are both buried in the Altoona Cemetery. I lost my mother Helen B. Fail on January 31, 2000. She was 88 years old.  I lost my father on December 21, 2005.  He was 92 years old. 

 

They were wonderful loving parents. Over the years I helped my father put together 1100 acres of farm land. I had a partnership with my father.  I found the deals and he provided the money and we split the profits. In 1975 I found and we purchased 600 acres near DIA in Adams County Colorado near Denver Denver.  We sold most it in 1980 and the balance in 1997. We had some oil and Gas wells drilled on the land.  Overall I made my father a good amount of money. 

 

As a result of some business litigation resulting IRS issues starting in 1990 I transferred my interest in various properties to my parents. In 2000 when my mother passed my fathers lawyer and mine, John Rubow from Chanute Kansas recommended that I place my interest in the various properties in the names of my sister and two brothers to hold for me in trust.  My father and I did so. In 2001 my father and I had my three siblings sign over the property in Colorado to my father and my son Adam in joint tenancy. My son now owns that property. 

 

On instructions from my father and I to John Rubow, he  was supposed to prepare and have my three siblings sign the deeds to my Kansas properties over to my father and my son Adam in joint tenency as they did the Colorado Properties.  Mr. Rubow never followed through, and my father assured me that there would be no problem, that my three siblings would give me my property as soon as my business and IRS issues were resolved, and and/or after he passed on.

 

Sometime late 2004 or early 2005 my sister June Dedeke developed breast cancer. She was caring for my father. She got him to sign new transfer on death deeds to the 200 acres of raw land that she was getting from our dad, removing her name and replacing it with her daughter Tonia Nelson's name and Tonia's husband Gary Nelson's name. Gary Nelson is an attorney from Wilson County who has lived and practiced law in Leavenworth Kansas for many years.  At the same time my sister had our father also sign new transfer on death deeds to the properties that my father wanted me to get that were in June's name, and my two brother's names. The new deed named my two brothers, and Junes' daughter Tonia Nelson and Tonia's husband Gary Nelson as the beneficiaries. They became the owners of my land after my father passed. Soon there after I discovered they all liked my land much better than my children or I, and decided to keep it for themselves. 

 

I attached a letter to Dale Nelson that explains the case further. Dale is Lawyer Gary Nelson's father, and he was a close friend of my father's.  Dale told me that he did not want to get involved.  I would rather deal with almost anything other than apathy.  I also attached a copy of the letter that I mailed to Gary Nelson.  I received no response.  He is only interested in the land.  He is only interested with Legal Might over Moral Right. I also attached my Second Amended Petition, a Master List of all the Tape Recordings that I made over the years, and a list of 34 transcripts of tape recorded conversations with my father, my three siblings and others about the land that my dad wanted me to get.     

 

Harlyn Knight, a dear friend of mine gave me your name.  I have know Harlan and Norma for over 40 years.  I met him when I worked for him in his beauty Salon in Neodesha in 1961. I knew and loved their son Perry. I have known their daughter Lana and her husband Joe for 40 years also.  I moved to Littleton Colorado on 1968. I have been a licenced Real Estate Broker in both Kansas and Colorado for many years.  I also own and operate www.dial4Lawyer.com.

 

I am in a real pickle in this case.  I wish that I had of filed the case in Federal Court in Denver or Wichita under the Diversity of Citizenship laws. Now I am faced with the Removal question. I would like to talk to you when you have some time. 

 

Please let me hear from you so that I can answer any of you questions.

 

 

Sincerely,

 

Larry Fail - MacPhale

 

1-800-722-9529

 

303-730-2100

 

 

My birth and Family name was Fail.  I legally took the old Scottish Family name in 1984.

 

 

 

 

 

 


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Larry MacPhale <macphale@gmail.com> 


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 11/14/07 

 


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Linda Parks <parks@hitefanning.com>

 


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Adam Lawrence Fail <adamarete@gmail.com>,
Jason Allen Fail <jasonallenfail@yahoo.com>

 


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Nov 14, 2007 11:07 PM

 


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Re: Fail v Fail Civil case in Wilson County Kansas

 


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gmail.com

 

Dear Linda,

I was going to talk with you about my case and some lawyers. What do you know about the following lawyers.

1. Brain Grace - Wichita.

2. Ted Knopp - Wichita.

3. Kurt Kluin - Chanute. 

I called the Depew law office a long time ago three different times and was always told by the receptionist that they were to busy and was not talking to anyone or taking any new cases. 

Big town lawyers have told me that they do not want to go to small town Fredonia because they are fearful of being "small towned", and small town local lawyers in Wilson and Neosho Counties have told me that they do not want to go up against local Chanute attorney John Rubow personally because "I have to work with him every day."  This attitude, mindset and reality offers each lawyer insurance that they will be "taken care of "if they "take care of." 

This "scratch mine" and I will "scratch yours" problem is a real and present danger to the general public and the justice system. This is an issue that the President of the Kansas Bar may want to look into. 

In the mean time can you provide me with some information on lawyer Brain Grace, Ted Knopp, and Kurt Kluin.

I would greatly appreciate some lawyers names that you think may want to look at my case and make some money.

Thank you,

Larry Fail

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

       
 

On 11/14/07, Linda Parks <parks@hitefanning.com> wrote:

Dear Larry

Apologies for not getting back to you sooner.  I am currently serving as the President of the Kansas Bar Association and otherwise have a pretty heavy caseload and so have been out of the office more than I have been in it. 

I have now had an opportunity to review the materials you sent and it appears that you have or maybe had counsel in pursuing the claim you describe.

 

I am simply not in a position to take on your matter at this point.  I would be happy to provide you the names of attorneys in Wichita who I think are excellent and who may be in a better position to take this on.  I do not know many of the lawyers in Southeast Kansas anymore but I do know the lawyers at the Depew Firm in Neodesha and I think they are competent and could likely be of assistance if you want someone who is local.
Again, I apologize for not responding to you sooner.

Regards

 

Linda S. Parks
Hite, Fanning & Honeyman LLP
100 N. Broadway, Suite 950
Wichita, KS  67202
Office: (316) 265-7741
Fax: (316) 267-7803

 

CONFIDENTIALITY NOTICE:  This message contains confidential information which is legally privileged.  It is intended only for the recipient named above.  If you are not the intended recipient, you can not disclose, copy, distribute, or take any action in reliance on the contents of this message.  If you received this message in error, please notify me by email and delete this message..
>>> "Larry MacPhale" <
macphale@gmail.com> 11/6/2007 12:02 AM >>>
 

Dear Linda,

 

I was born in Neodesha on January 18, 1941. My parents were farmers east of Altoona. They are both buried in the Altoona Cemetery. I lost my mother Helen B. Fail on January 31, 2000. She was 88 years old.  I lost my father on December 21, 2005.  He was 92 years old. 

 

They were wonderful loving parents. Over the years I helped my father put together 1100 acres of farm land. I had a partnership with my father.  I found the deals and he provided the money and we split the profits. In 1975 I found and we purchased 600 acres near DIA in Adams County Colorado near Denver Denver.  We sold most it in 1980 and the balance in 1997. We had some oil and Gas wells drilled on the land.  Overall I made my father a good amount of money. 

 

As a result of some business litigation resulting IRS issues starting in 1990 I transferred my interest in various properties to my parents. In 2000 when my mother passed my fathers lawyer and mine, John Rubow from Chanute Kansas recommended that I place my interest in the various properties in the names of my sister and two brothers to hold for me in trust.  My father and I did so. In 2001 my father and I had my three siblings sign over the property in Colorado to my father and my son Adam in joint tenancy. My son now owns that property. 

 

On instructions from my father and I to John Rubow, he  was supposed to prepare and have my three siblings sign the deeds to my Kansas properties over to my father and my son Adam in joint tenency as they did the Colorado Properties.  Mr. Rubow never followed through, and my father assured me that there would be no problem, that my three siblings would give me my property as soon as my business and IRS issues were resolved, and and/or after he passed on.

 

Sometime late 2004 or early 2005 my sister June Dedeke developed breast cancer. She was caring for my father. She got him to sign new transfer on death deeds to the 200 acres of raw land that she was getting from our dad, removing her name and replacing it with her daughter Tonia Nelson's name and Tonia's husband Gary Nelson's name. Gary Nelson is an attorney from Wilson County who has lived and practiced law in Leavenworth Kansas for many years.  At the same time my sister had our father also sign new transfer on death deeds to the properties that my father wanted me to get that were in June's name, and my two brother's names. The new deed named my two brothers, and Junes' daughter Tonia Nelson and Tonia's husband Gary Nelson as the beneficiaries. They became the owners of my land after my father passed. Soon there after I discovered they all liked my land much better than my children or I, and decided to keep it for themselves. 

 

I attached a letter to Dale Nelson that explains the case further. Dale is Lawyer Gary Nelson's father, and he was a close friend of my father's.  Dale told me that he did not want to get involved.  I would rather deal with almost anything other than apathy.  I also attached a copy of the letter that I mailed to Gary Nelson.  I received no response.  He is only interested in the land.  He is only interested with Legal Might over Moral Right. I also attached my Second Amended Petition, a Master List of all the Tape Recordings that I made over the years, and a list of 34 transcripts of tape recorded conversations with my father, my three siblings and others about the land that my dad wanted me to get.     

 

Harlyn Knight, a dear friend of mine gave me your name.  I have know Harlan and Norma for over 40 years.  I met him when I worked for him in his beauty Salon in Neodesha in 1961. I knew and loved their son Perry. I have known their daughter Lana and her husband Joe for 40 years also.  I moved to Littleton Colorado on 1968. I have been a licenced Real Estate Broker in both Kansas and Colorado for many years.  I also own and operate www.dial4Lawyer.com.

 

I am in a real pickle in this case.  I wish that I had of filed the case in Federal Court in Denver or Wichita under the Diversity of Citizenship laws. Now I am faced with the Removal question. I would like to talk to you when you have some time. 

 

Please let me hear from you so that I can answer any of you questions.

 

 

Sincerely,

 

Larry Fail - MacPhale

 

1-800-722-9529

 

303-730-2100

 

 

My birth and Family name was Fail.  I legally took the old Scottish Family name in 1984.

 

 

 

 

 


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