FOR THE COMMISSIONER.
AND YOU DON'T HAVE TO HAVE ANY BIG WRITTEN CONTRACT BEING A LAWYER FOR SOMEBODY. I TOLD YOU ABOUT MY ORAL CONTRACT TO MOW THE GRASS. AN ORAL CONTRACT TO BE A LAWYER IS JUST AS MUCH A CONTRACT AS THE CONTRACT TO MOW THE GRASS.
SO, AT THAT POINT, UNDER THE LAW, MR. SLENKER HAD OBLIGATIONS TO BOTH CLIENTS. AGAIN, REMEMBER, HE DIDN'T AGREE TO BE EITHER ONE OF THEM'S LAWYER FOR ANYTHING AND EVERYTHING THAT MIGHT COME UP. SO, WHEN HE HAD HIS CONVERSATION WITH MR. MCCOLLISTER - AND WE'VE HEARD A LOT OF TALK ABOUT THAT, BOTH FROM MR. MCCOLLISTER AND MR. SLENKER.
MR. MCCOLLISTER, ACCORDING TO MR. SLENKER, ASKED HIM TO DO SOMETHING HE WASN'T GOING TO DO. AND THAT WAS TO REPRESENT THE COMMISSIONER TO TRY TO GET THE MONEY THAT WAS SERVING AS A GUARANTEE FOR PAYMENT OF ANY JUDGMENT THAT MIGHT BE RENDERED.
REMEMBER, THERE IS NO JUDGMENT AT THIS TIME. THE CASE HAD BEEN ORDERED FOR ANOTHER TRIAL, BUT IT HASN'T BEEN HAD YET. SO, THAT WAS A GUARANTEE IF THEY WENT TO COURT AND LOST AND THE JUDGMENT WAS RENDERED. AND IN HIS MIND, HE *766 SAID THAT THAT WOULD HURT MY CLIENT, AND I AM JUST NOT GOING TO DO THAT. AND HE IS FULLY ENTITLED TO SAY THAT, BECAUSE YOU DON'T HAVE TO DO EVERYTHING A CLIENT WOULD LIKE YOU TO DO. BUT YOU DO HAVE TO TELL THE CLIENT I'M NOT GOING TO DO IT.
NOW, THERE IS AN ARGUMENT ABOUT WHETHER MR. SLENKER MADE IT CLEAR TO MR. MCCOLLISTER THAT I'M NOT GOING TO DO IT, UNDER NO CIRCUMSTANCES WILL I DO IT, OR WHETHER MR. MCCOLLISTER WAS TOLD, I WILL LOOK INTO IT AND LET YOU KNOW WHERE I AM. ACCORDING TO MR. SLENKER'S NOTES, HE TOLD HIM, I CAN'T PUT MYSELF IN THE MIDDLE OF THAT FIGHT.
NOW, THAT WOULD BE A QUESTION OF FACT THAT YOU WOULD HAVE TO RESOLVE, BUT IT REALLY DOESN'T MATTER. IT'S REALLY IRRELEVANT. I WANT YOU TO UNDERSTAND, MR. SLENKER HAD EVERY LEGAL AND MORAL AND ETHICAL RIGHT TO REFUSE TO DO THAT IF HE DIDN'T WANT TO DO IT. BUT HE DID HAVE THE OBLIGATION TO MAKE IT CLEAR THAT HE WASN'T GOING TO DO IT.
MR. SLENKER HAD A DUTY TO THE INSURANCE COMPANY, OR THE COMMISSIONER STANDING IN THE SHOES OF THE INSURANCE COMPANY, THAT HE HAD AGREED TO REPRESENT, THAT HE WAS REPRESENTING AT THE TIME. AND, OF COURSE, HE DID SIGN AN AGREEMENT THAT HE WOULD REPRESENT THE INSURANCE COMPANY. AND THERE HAS BEEN A LOT OF ARGUMENT BACK AND FORTH ABOUT IT, AS TO JUST WHAT THE ENGAGEMENT INVOLVED.
WELL, IT IS CERTAINLY NOT CLEAR AS TO WHAT MR. SLENKER WAS BEING HIRED TO DO, BUT I WOULD NOT LET YOU FIND TO THE CONTRARY, THAT HE WAS NOT HIRED AT ALL UNDER THIS DOCUMENT DATED JULY 21, 1992, JOINT EXHIBIT 13. HE CERTAINLY ACCEPTED THE COMMISSIONER AS A CLIENT.
HE