Thu 18 Jan 2024 23 19 55 0000 Re Release Form Zeeman 18D1Ee00 2¶

Sarah,

I may not have been clear when we spoke.

I sent the attached letter to Jeff Banks on November 27, 2023, confirming that Mr. Banks, as your lead counsel, requested that we withdraw.   I had asked that you sign the form and return it to me.  Instead, Mr. Banks sent me a different form with your signature.  A copy of that form is also attached.  My recollection is that Mr. Banks said he had experienced some sort of computer issue.

In any event, when I received the new form, I questioned whether I could just file it with the Court.  I then put it aside, intending to review it again and come up with a plan.  Instead, as I explained, I did not get around to filing anything.  I am not sure if it is accurate to say that I forget about it, but it is certainly true that I did not file anything for more than a month.  All counsel had been informed that I would not be participating in the trial, and my name is not listed on the pretrial order entered by the Court.

After we spoke today, I had my paralegal file the attached Notice of Withdrawal with the Court.  The Notice will be entered on the record in the morning and all counsel who have appeared in the case will receive notice electronically.  You will note that the Notice includes the document you signed as an exhibit.  Although Uniform Superior Court Rule 4.3 sets forth a procedure that must be followed when an attorney withdraws, the procedure contemplates a situation where a party is left without counsel.  That is not the case here, as you are currently represented by two law firms.  When there is a substitution of counsel, the rule does not require that the procedure be followed.  The situation we have here is not specifically addressed by the rule, as a new attorney is not appearing in my place.  Instead, you will continue to be represented by your current counsel.  Mr. Banks and I discussed this situation, and we both agree that no court order is required under these circumstances.

I apologize for my delay in filing the Notice of Withdrawal, which should in no way impact whether the case proceeds to trial.  Although I am no longer your counsel, I would encourage you to seriously consider reasonable settlement offers, as it was my understanding that the parties were very close to a settlement following the mediation in the fall of 2022.  If you are unable to reach a settlement, I certainly wish you luck at trial and trust that you will follow the advice of your counsel.

If you should have any questions about any of this, please feel free to contact me.

David

[cid:image002.png@01DA4A3A.AEAC58A0]
David Atkinson​​​​
Partner
[cid:image003.png@01DA4A3A.AEAC58A0]<https://www.swiftcurrie.com/professionals/david-m-atkinson>
[cid:image004.png@01DA4A3A.AEAC58A0]<https://www.linkedin.com/in/david-atkinson-1375519/>
David.Atkinson@swiftcurrie.com<mailto:David.Atkinson@swiftcurrie.com>
404.888.6166<tel:404.888.6166>
Office
1420 Peachtree Street, NE / Suite 800<http://maps/?q=1355+Peachtree+St.+NE+/;+Suite+300+/+Atlanta,+GA+30309&entry=gmail&source=g>
 /
Atlanta<http://maps/?q=1355+Peachtree+St.+NE+/;+Suite+300+/+Atlanta,+GA+30309&entry=gmail&source=g>
,
GA<http://maps/?q=1355+Peachtree+St.+NE+/;+Suite+300+/+Atlanta,+GA+30309&entry=gmail&source=g>

30309<http://maps/?q=1355+Peachtree+St.+NE+/;+Suite+300+/+Atlanta,+GA+30309&entry=gmail&source=g>
NOTICE:  This email message and all attachments may contain legally privileged and confidential information intended solely for the addressee.  If you are not an intended recipient, your receipt of this email and its attachments is the result of an inadvertent disclosure or unauthorized transmittal.  Sender reserves and asserts all rights to confidentiality, including all privileges that may apply.  Pursuant to those rights and privileges, you are hereby notified that you may not read, copy, distribute or otherwise use this message or its attachments. If you have received this message in error, please notify the sender by email and delete all copies of the message and the attachments immediately.  NO DUTIES ARE INTENDED OR CREATED BY THIS COMMUNICATION.  If you do not have a signed fee contract or engagement letter with this firm, this firm does NOT represent you as your attorney.
nosig

From: Sarah Zeeman <szeeman@gmail.com>
Sent: Thursday, January 18, 2024 5:57 PM
To: David Atkinson <David.Atkinson@swiftcurrie.com>
Subject: Release Form - Zeeman

David,

Thank you for returning my voicemail today as I was checking in on the release form provided to you the first week in December.

As you had stated and made me aware, you had forgotten about it.
It is appreciated that the form is filed as soon as possible, if not today, then tomorrow morning.

Best,
Sarah