From Ken Ditkowsky–an old war story

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

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