From: kenneth ditkowsky
Sent: Jun 4, 2014 7:27 AM
One one occasion when I was representing my late friend RJ, we had some litigation that had reached an impasse.
RJ and I had been friends since childhood, and when I became a lawyer he found it convenient to use me as his attorney. The advent of the Apple Mac opened doors for Ray previously closed and it was a short time thereafter that he became a very rich man. The question then developed as to what to do with his money. His accountant did some of the investment – it happened that Jeff, without permission, used some of RJ’s funds to fund one of his projects – that was a breach of fiduciary relationship and resulted in litigation. When the litigation became nasty, I suggested that we settle – we would play three games of Racketball – if RJ and I won two of the three – Jeff would issue a check in full and the case was over. However, if Jeff and his attorney beat us we would walk away.
They accepted.
On the day of the match, Ray and I arrived early so that we would place our weekend game prior to the match and ‘warm up’ Shortly after we commenced our usual blood bath (RJ was a fireman and was 6 feet seven inches tall – you’ve seen me). Our games were ‘to the death’ variety. RJ arrived and we invited him to join us. He watched for a short time. His attorney appeared watched and was gone. After RJ and I finished our match, we went in search of Jeff and his attorney – they were no in the locker – room or anyplace. Finally I went to desk and was the towel man handed me a check. Jeff had watched for a while and told the towel man, “I am not getting on the same court with those two!”
EXCEPT for being reminded that I am 78 years old – I think I would enjoy a [racquetball] session behind the courthouse with PS, or AS jointly or severally.
Ken Ditkowsky