BETRAYAL & OVERTHROW

 

In 1980 LW hired attorney Tim Brake. In 1986 LW hired Grant Davis as a law clerk. Davis was later hired as an attorney in 1987. Attorney Scott Bethune was hired in 1992. Tom Jones was hired in 1997.

 

In 1990 LW created an unheard of generous fee arrangement for his associates. LW would continue to bear all the operating expenses and case advances, but would retain only 1/3 of the legal fees in order to pay the costs of running the law firm.

During the period of 1992 through 2000, LW spent $4,472,819 on operating expenses and had a case advance balance of $984,825 in December, 2000. In addition, there were expenditures for the law library, new conference room, furniture, computers, etc and capital improvements. The four associates spent $0.

 

CAUSE OF THE REVOLT: September 1999 Grant Davis obtained a 160+Mill [mostly punitive damages] verdict in a RR crossing case [Alcorn], a case produced by LW. [It was settled for 38¢ on the dollar] The thought that LW might want to participate in these potential legal fees, if they ever became a reality, was too much for Grant Davis to bear so he & Tim Brake planned the takeover of the law firm.

 

EXECUTION: December 6, 2001 LW received a letter, from Tim Brake that made it obvious that he was acting as a conduit for Davis/Bethune & Jones, (D-B-J). The letter demanded that LW voluntarily retire in two days or all the cases [clients] would be withdrawn by Tim Brake.

 

All clients at that time were all signed to contracts with “The Law Offices Of Lantz Welch, P.C.” and were later taken over by D-B-J and are presently being represented by that firm, not Tim Brake.

 

 

 

 

“Date: 1/10/01

 

Memo To: Tim, Grant, Scott & Tom

 

Subject: Agreement To Transfer Control of Office & Clients

 

After yesterday’s full day mediation hearing, there can be no doubt about how I feel about your conduct starting with your 12/6/99 “Notice of Termination”. Since there was no written record, I now confirm some of those thoughts in writing with this memo.

 

Since the Agreement of Jan. 1992 that we operate under was designed for the eventuality that a lawyer might wish to leave the firm, I never ever considered the possibility that all four of you would decide to take over the firm and force me into early semi-retirement.

 

As I stated yesterday, I believe that about 90% of these 57 clients chose to retain LWPC because of Lantz Welch. Since I entrusted you to handle their cases, and thus establish bonds with them, I can understand why you claim that virtually all of them will now wish to stay with you.

 

I do not intend to see my clients’ end up being damaged in our fight over money.

 

Therefore, I am resisting my natural instincts to fight your wrongdoing and am cooperating in your take-over of the firm.

 

Lantz Welch”

 

 

N.B. I do not believe that Scott Bethune was one of the wrongdoers, but merely a passive participant and beneficiary of their misconduct. Tom Jones acted as Grants cheerleader.

 

In our pleadings we requested Arbitration proceedings between LW & all four of the defendants. As mentioned earlier, Tim Brake had signed the only written Agreement with LW, so it was Davis, Bethune & Jones who stole the law business.

 

N.B. Many years earlier I had occasion to lunch with a pal of mine, G. Robert Fisher, our town’s leading business attorney: http://www.martindale.com/G-Robert-Fisher/1030975-lawyer.htm who wanted to draft some agreements for the other

three lawyers to sign in order to protect me. Naturally I ignored his sound legal advice with the prophetic response: “Hell Bobby, I give them 100% of the legal fees & have made two of them multi-millionaires. I treat them better than my sons. Why should I think I can’t trust them.”

[In 1991 & 1992, I gave Tim Brake & Grant Davis $4,047,970 from two cases that I had tried] 

 

N.B. ALWAYS LISTEN TO YOUR LAWYER’S ADVICE!!!!

 

HINDSIGHT: Perhaps I should have listened to my two good pals, Bill Sanders & Max Foust, who at the outset advised me to throw the ungrateful young bastards out, change the locks and hire four honest lawyers to handle my legal business.

 

As was observed by another good friend, “Lantz, I know you to be a student of history so you know that history is replete with stories of sons killing the father so they might become the king. Be grateful that these scumbags simply stole your money and not your life.”

 

 

 

 

 

THE CLOSING LETTER FROM MY LAWYER, LARRY WARD:

 

“The Law Firm Of Shughart, Thomson & Kilroy, A Professional Corporation

 

R. Lawrence Ward

 

                                                               April 5, 2004

 

Lantz Welch, Esq.

10000 NW 75th St.

Weatherby Lake, MO 64152

                                                      RE: Welch v. Brake & Davis

 

Dear Lantz:

 

I enclose at this time a copy of a letter from the Clerk of the Supreme Court of the United States advising us that our Petition for Writ of Certiorari has been denied.

It appears to me that the denial of our Petition for review ends our legal effort to correct the injustice we have been attacking. I see no additional avenues or approach from a legal standpoint.

 

In my forty years of trial practice I have never been involved in a case that has been more disappointing nor more troubling. The fact we have been unable to convince any court to give you a full and fair hearing is a bitter disappointment. The fact that a case would end up like this is bad enough, but the fact that I represented you, one of the most outstanding trial lawyers of our time, makes this ending very difficult for me.

 

Lantz, I regret more than I can say my inability to turn this situation around and to get you any relief. Beyond on that, I frankly don't know what more to say.

 

                                             Best personal regards,

 

 

                                             LARRY WARD

 

 

Twelve Wyandotte Plaza, 120 W. 12th Street, Kansas City, MO 64105 « (816) 421-3355 » www.stkiaw.com”