as a result of that we're giving you the opportunity to brief it and have it done the comply by the nineteenth at three o'clock and you also will have the opportunity to respond by next wednesday at three o'clock and there won't be any consideration of extensions because for all practical purposes after today we will be restated yes yes so that should shouldn't shouldn't be long but we have to clarify it because if we don't the supreme court well comes in this settles a case and they fight about you know how the fees are to be distributed this isn't to kind of case and for good reason it's never been applied in a partnership breakup it would be ludicrous to do that as this is  left and then like that with the stuff with all the equipment said he came in that first night of passover when mr bernstein left the office and brought sixty eight people and they pulled the stuff out this case  any more she said ten times but seventy percent we didn't talk about but it was fairly consistent from the beginning to the end openings three times and the motions if you look at volume thirteen of the record i believe it's are not according to the right to defend no not according to the record if you look at the record carefully words that in the nine hundred thousand of the two thirds that was expanded by a crazy and overhead in expenses in our mr bernstein did little or nothing so that my question to you is his ten percent was actually again i think i don't think so because if you take nine hundred thousand wanted the fifty percent and you are said each against the other that comes out to about ten percent you know that was not discussed by the trial court that was not pursued by defendant in the case below because bel think that's all you can do on this record i would speculate that he was feeling kindly to give the guy something because he was old and he he looked very bad on this record i mean he was just trying to you know give him something to make it look fair because there was no i believe eighteen hundred thousand dollars a year and that they became partners of sorts and bernstein had seventy percent of the shares of the stack and grace in head thirty that's the first agreement and then it turned out t appropriately perhaps i'm sure because he did a lot of work that he was and he should get more money and so they then came to a second agreement which is that eight teams hand written and that's in two thousand and three i believe that two thousand two that at the same time the balance changes because mr bernstein is spending more time on his business and the numbers of what he brought in are performed the personal issue really doesn't play at all through the balance of what is reasonable no i don't and reasonable doesn't mean anything here in a certain regard because they have a written agreement and they could have controlled it time out is  considerations were isn't our battery you're arguing the expenses knowing it are not but i'm arguing that the contract under other b and under suffering particularly i'm arguing that the contract controls here in just simply withdraw here there was the evidence was on both sides here that mr bernstein thought that the agreement was forthcoming so he signed those letters and he wasn't going you know when to sign if he didn't believe that this wasn't going to be worked out first they were dated bernstein started a different firm in the same place it was seeking personal injury and workers have this oh how do we ride around if i say if i'm going to tell me that that's a breach and it's a breach because  ninety year old attorney and also he was a very capable ninety year old attorney and he was spending seven days a week at the office and only five percent of the time he was spending on the madman you know he was he was that giving less of his time he was just unable i mean hey i'm working as much now as i was last year and you know what i'm not bringing in as much money that's the way but that it did things change the economy changes the climate changes so there's no evidence here anyway and i didn't there was no competing business and finally if you don't like the majority view i think you're left with a minority view in this case of what should have been done and we didn't argue with below i know is that the use fifty percent flat out of everything only after they held the gun to raise his head by mounting this massive malpractise business which i'll get to in a second but there was never any mention b goldstein received phone referrals of about four hundred fifty three files the secretaries testify that mr bernstein with interview these people indicates summaries and the girl and the girls in the office there's only two of them in this little f green ever stay you're going to get fifty percent of these files from the feast and he's trial that we're taking when before it was fifty percent less case expenses and less over it just it just doesn't make any think about this and this and antics how can anybody just because they have a lot of likes and he can and put out some he adds there generate people and there's something manifestly wrong about that if you look at this record where an individual and i mean no anything to do with with with the cases after the terminate and we presented evidence of a third or a flexible one third rearranged which he agreed you know he brief you stress waiver as to two of the primary arguments of of bernstein the sleazy metropolitan condo case really address these allegations agreement to end this apparation it just couldn't come exactly as to come to grips as to exactly how much money based on the evidence and three that in my opinion of three the fiduciary duty aspect of it  and like pointed out earlier this unbelievably large scale apparation which is unseemly in its own right as far as i'm concerned for us lawyers even if regardless that they had to do they had to take up all the time investors and could make money by some phone call when i think he legally it kept the stack doing and that was quite clear the record because all of a sudden all three he made two hundred grand because we they didn't keep detailed records of who think you're going to put everything in one argument earlier but i tend to suspect it's those desperate very good fees they were earning in those years so the secretaries as much as said it was disruptive they were doing everything that had to get done because the firm was doing just fine we don't know about  maybe they were just going in the new people were doing it maybe the industry changed where they were the insurance company said we're not doing this anymore we're not just making little sweetheart deals with this guy because we know him and we like him we don't know bursting never testified he stopped making phone calls  for many years even though nothing really changed you know in terms of what he did and what burstein did so to say that now christine shouldn't get anything because he really did know that he was really happening where his beloved he was happening to do what he was doing at the end as he was in the beginning and grazing was very happy with it for many years and if he wasn't happy should've left in there so that's all i have to thank you thank you