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Thomas H. Bienert, Jr. (CA Bar No.135311, admitted pro hac vice)

Whitney Z. Bernstein (CA Bar No. 304917, admitted pro hac vice)

BIENERT KATZMAN LITTRELL WILLIAMS LLP

903 Calle Amanecer, Suite 350

San Clemente, California 92673

Telephone: (949) 369-3700

Facsimile: (949) 369-3701

tbienert@bklwlaw.com

wbernstein@bklwlaw.com

Attorneys Discharged by James Larkin

Motion to Withdraw Pending

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA 

United States of America,

Plaintiff,

vs.

Michael Lacey, et al.,

 

Defendants.

Case No. 2:18-cr-00422-PHX-DJH

BIENERT KATZMAN LITTRELL 

WILLIAMS LLP’S RESPONSE RE 

NOTICE TO IDENTIFY CONFLICTS 

WITH TRIAL DATES

Case 2:18-cr-00422-DJH Document 1501 Filed 11/09/22 Page 1 of 4
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RESPONSE RE IDENTIFYING SCHEDULING CONFLICTS

Thomas H. Bienert, Jr., Whitney Z. Bernstein, and Bienert Katzman Littrell Williams LLP 

(collectively, “BKLW”) have been terminated as counsel for defendant James Larkin and have a 

motion pending to withdraw as counsel. The Court has not yet issued an order on that motion. 

As part of a hearing on November 2, 2022, the Court issued an Order that all parties identify any 

conflicts with the dates it set for trial, which run between June 20, 2023 and early September, 2023. 

BKLW is not in position to present whether Mr. Larkin’s new counsel has or will have any 

conflicts with the Court’s proposed schedule. As terminated counsel, BKLW cannot act on behalf 

of Mr. Larkin, as it is ethically precluded from representing him after he discharged the firm. As 

the court noted in this district in Christopher v. RJM Acquisitions LLC, No. CV-13-02274-PHX-JAT, 

2016 WL 9504248 (D. Ariz. May 13, 2016), once counsel is terminated by the client, counsel should 

be relieved because counsel cannot ethically continue to represent the client. Upon termination, 

“[n]ot only was [counsel] obligated under the Ethical Rules to withdraw as Defendant's counsel, 

but a conflict of interest would surely arise if the Court required [counsel] to continue in its 

representation.” Christopher, 2016 WL 9504248, at 1, fn.1. See also Awolesi v. Shinseki, 31 F. Supp. 

3d 534, 537-38 (W.D.N.Y. 2014) (holding that court “must grant the motion to withdraw and 

adjourn the trial,” because “where the client has terminated the relationship, ‘by denying a counsel's 

motion to withdraw, even on the eve of trial, a court would be forcing an attorney to violate ethical 

duties and possibly to be subject to sanctions.’”)(quoting Whiting v. Lacara, 187 F.3d 317, 321 (2d 

Cir. 1999)). 

Additionally, BKLW has no information regarding the status of defendant Larkin’s 

retention of new counsel. Therefore, BKLW has no information to forward the Court regarding 

new counsel’s trial availability. 

BKLW’s withdrawal from this case is mandatory, it is ethically precluded from representing 

Mr. Larkin’s interests, and continued representation of Mr. Larkin would surely implicate conflict 

of interest. Accordingly, BKLW asks that the Court grant its pending motion to be relieved 

as counsel. 

Case 2:18-cr-00422-DJH Document 1501 Filed 11/09/22 Page 2 of 4
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RESPECTFULLY SUBMITTED this 9th day of November 2022, 

BIENERT KATZMAN LITTRELL 

WILLIAMS LLP

s/ Thomas H. Bienert, Jr. 

Thomas H. Bienert, Jr. 

Whitney Z. Bernstein 

Attorneys Discharged By James Larkin

Motion to Withdraw Pending

Case 2:18-cr-00422-DJH Document 1501 Filed 11/09/22 Page 3 of 4
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CERTIFICATE OF SERVICE 

I hereby certify that on November 9, 2022, I electronically transmitted the attached 

document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice 

of Electronic Filing to the CM/ECF registrants who have entered their appearance as counsel of 

record. 

/s/ Toni Thomas 

Toni Thomas

Case 2:18-cr-00422-DJH Document 1501 Filed 11/09/22 Page 4 of 4