Monique reportedly fires her legal team.

Chris Shelton (Galactic Patrol > Jefferson Hawkins • 3 hours ago

From Tony's page by Chris Shelton:

Jeff, I believe what Marty is referring to specifically with his claim of libel is this: "UPDATE 3: Just received this from one of our regular legal helpers: “I think this is the most absurd action by a client that I have seen in my 20 years of practicing, except for actions taken by prisoners or mentally disturbed plaintiffs.” (emphasis mine) That's the only thing Tony has posted on this which could be construed as libel against Monique.

I can't make heads or tails of what is going on and am waiting (rather patiently, I think considering the consequences and ramifications of this) for more data so I can think with his reasoning. Marty and Monique are not insane and are not robots and are not stupid people, so there must be some logical (I did not say "good") explanation for firing Ray and his legal eagle team. What that logical reason could be is anyone's guess at this point because Marty is not saying a damn thing. Considering how much he is aware that this case has been considered a major make-break in the interpretation of Scientology's First Amendment privileges, it is beyond disappointing and in fact somewhat tragic that he would choose to throw in the towel right now. But all we know right now is that Ray Jeffrey is off the case, not that the case itself is off the docket. So we have to wait and see. I hate waiting but we have no other choice.

Re: Red I think that is precisely why she is withdrawing - she wanted CofS out of her life - NOT to fight with them.

Also Tony's post of update #3 was just plain crass. I wouldn't want to give him the time of day if he posted that about me.

Mimsey
 

tetloj

Silver Meritorious Patron
Agree that Mosey is tired and over it - but why fire your litigation team before settlement, when there are stilll matters before the court.

Debbie Cook had Ray J on her side for the settlement

Very curious :confused2:
 

Knows

Gold Meritorious Patron
My bet - they took blood money and part of the deal was to fire the legal team as part of the spin

This is KSW - keeping Scientology working :eyeroll:

The only ones who win in Scientology are blown high ranking officials who get blood money in exchange for silence

David Miscavige

and cock roach attorney's

everyone else loses

Just think - someone was regged out of their 401 K and IRA and Stock portfolio and inheritance to gag another blown High Ranking Offical ex Scientologist / BDA
 

Gib

Crusader
My bet - they took blood money and part of the deal was to fire the legal team as part of the spin

This is KSW - keeping Scientology working :eyeroll:

The only ones who win in Scientology are blown high ranking officials who get blood money in exchange for silence

David Miscavige

and cock roach attorney's

everyone else loses

Just think - someone was regged out of their 401 K and IRA and Stock portfolio and inheritance to gag another blown High Ranking Offical ex Scientologist / BDA

If I recall correctly, Before the IAS was something called the legal fund to help Mary Sue and the GO fight the legal battle. It was cleverly morphed into the IAS. Mick knows the history.

So, all scientologists who donate to the IAS, are actually donating money to lawyers in future court cases, should somebody sue the COS (IAS = legal fund, and not the shore story of helping mankind)

The kicker is, for example, if one Bob Duggan who has donated millions to the IAS, should he have a change of heart, why all the money he donated would be used to sue or counter sue him to settle or STFU. That's why it's called Sea Org reserves.

the same money Bob Duggan donated to the IAS would be used to counter sue him.
 

prosecco

Patron Meritorious
My first thought is maybe they just ran out of money to pay the legal bills. Or were the attorneys working on contingency basis only, i.e. they only get paid IF Rathbuns win?

Or something more fishy is going on?

This could get very interesting.

It's a good point. I have no idea how the legal bills are being paid, but would hazard a guess that Ray Jeffrey was not being paid by the hour as the avalanche of filings, motions, discovery, would be overwhelming. My understanding is that Ray Jeffrey, while not exactly a one many band, has a small law practice unlike the C of S who have employed some of the most prestigious law firms.

What is odd is that there is no replacement of counsel.
 

programmer_guy

True Ex-Scientologist
It's a good point. I have no idea how the legal bills are being paid, but would hazard a guess that Ray Jeffrey was not being paid by the hour as the avalanche of filings, motions, discovery, would be overwhelming. My understanding is that Ray Jeffrey, while not exactly a one many band, has a small law practice unlike the C of S who have employed some of the most prestigious law firms.

What is odd is that there is no replacement of counsel.


Did they ever request financial aid through internet means to pay legal costs?
 

prosecco

Patron Meritorious
Did they ever request financial aid through internet means to pay legal costs?

No, but Marty was instrumental in raising funds for others to help with legal costs, Debbie Cook and Claire and Marc Headley. He also produced a a document which he published accounting for all the money send to him.
 

CommunicatorIC

@IndieScieNews on Twitter
It's a good point. I have no idea how the legal bills are being paid, but would hazard a guess that Ray Jeffrey was not being paid by the hour as the avalanche of filings, motions, discovery, would be overwhelming. My understanding is that Ray Jeffrey, while not exactly a one many band, has a small law practice unlike the C of S who have employed some of the most prestigious law firms.

What is odd is that there is no replacement of counsel.
While I have no inside information, I am confident the following is true to the same extent I am confident the sun will rise in the morning.

Ray Jeffrey was not being paid hourly. Marty and Monique couldn't possibly afford it. Jeffrey had the case on a contingent fee arrangement -- i.e., he fronted all costs (e.g., filing fees, charges for service of process, copying costs etc.) and did the legal work without hourly payment in exchange for a percentage of the recovery (typically 25% to 50%, depending on whether the case is settled before trial, goes to trial, etc.). Thus, the lawyer gets paid only if the lawyer wins.

As I recall, commentator Texas Lawyer on the Underground Bunker (correctly) noted that Ray Jeffrey's statement that they were terminated "without cause" is lawyer-speak for saying they were going to assert a lien on any recovery. Typically, if a contingent fee attorney does significant work on a case, gets fired before there is a recovery, and then the client gets a monetary recovery, the attorney has a lien on the recovery for the value of the services rendered or value added. That rule is designed to prevent a lawyer from being screwed by doing significant -- perhaps years of -- work on a contingent fee case only to have the client fire him right before settlement with the client (or new attorney-client combination) receiving ALL of the money.

This appears to be an amazingly screwed up situation.
 

prosecco

Patron Meritorious
While I have no inside information, I am confident the following is true to the same extent I am confident the sun will rise in the morning.

Ray Jeffrey was not being paid hourly. Marty and Monique couldn't possibly afford it. Jeffrey had the case on a contingent fee arrangement -- i.e., he fronted all costs (e.g., filing fees, charges for service of process, copying costs etc.) and did the legal work without hourly payment in exchange for a percentage of the recovery (typically 25% to 50%, depending on whether the case is settled before trial, goes to trial, etc.). Thus, the lawyer gets paid only if the lawyer wins.

As I recall, commentator Texas Lawyer on the Underground Bunker (correctly) noted that Ray Jeffrey's statement that they were terminated "without cause" is lawyer-speak for saying they were going to assert a lien on any recovery. Typically, if a contingent fee attorney does significant work on a case, gets fired before there is a recovery, and then the client gets a monetary recovery, the attorney has a lien on the recovery for the value of the services rendered or value added. That rule is designed to prevent a lawyer from being screwed by doing significant -- perhaps years of -- work on a contingent fee case only to have the client fire him right before settlement with the client (or new attorney-client combination) receiving ALL of the money.

This appears to be an amazingly screwed up situation.

Right, so the, 'without cause,' is an indication that the lawyer was not negligent or being dismissed because of incompetence? Monique signed those papers, if I recall, so would have consented.

So the rule that a lawyer who was retained on a contingency basis will still get a percentage of any settlement, with the possibility obviously that if there is no settlement, then the lawyer has absolutely zero control over the negotiations.

If it was a personal issue with Marty and Ray Jeffrey, then there were other lawyers in his firm, so would guess the firing all of them was to send a message, Wow.
 

dchoiceisalwaysrs

Gold Meritorious Patron
I don't think there is a qualifier that your legal team does NOT negotiate the settlement.. I would think that having your legal team negotiate 'outside the court arena' would still be considered an out of court settlement. In other words, the court is left out of the loop and legal teams can be involved OR in this case it seems as though Moniques legal team is not.....that is what seems so weird about this news. But keep in mind this is only the beginning of the release of this news and more detail and facts I hope are sure to follow and too also clarify the whole thing.

""Out-of-Court Settlement
An agreement reached between the parties in a pending lawsuit that resolves the dispute to their mutual satisfaction and occurs without judicial intervention, supervision, or approval.
An out-of-court settlement provides that the parties relinquish their rights to pursue judicial remedies.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.""


I believe it's called an out-of-court settlement, when your legal team does not negotiate the settlement. In other words, CoS could contact Monique privately, make an offer, have her sign this private agreement including stipulations (move to Guadalupe...have your names legally changed...don't ever talk about Scientology), deposit the $3M in her account, and then she can dismiss her case and the legal team, who would be paid for their work done.

Of course, something else could have gone on. I still think this is the most likely thing.

The huge advantage for CoS would be saving face. They could spin it as Monique just dropping her case.
 

CommunicatorIC

@IndieScieNews on Twitter
Right, so the, 'without cause,' is an indication that the lawyer was not negligent or being dismissed because of incompetence?
Yes, that is correct.
Monique signed those papers, if I recall, so would have consented.
She is the only client in this case. Only she could fire her attorney.
So the rule that a lawyer who was retained on a contingency basis will still get a percentage of any settlement, with the possibility obviously that if there is no settlement, then the lawyer has absolutely zero control over the negotiations.
If the attorney was fired without cause, then the attorney will likely get a percentage of any settlement. Such an attorney would have no control or influence over the negotiations. Conversely, if the attorney was discharged "with cause," then the attorney is not entitled to a share of the recovery.
 

tetloj

Silver Meritorious Patron
As Debbie Cook's lawyer, Ray Jeffrey would have taken a % from Debbie's settlement. It has been my understanding (educated guess?) that this became a war chest to pay for Mosey's action, contingent on a large settlement there also.
 

ILove2Lurk

Lisbeth Salander
<snip> assert a lien on any recovery. <snip>
Time for me to air my Marty out-rud again, couched as a humorous aside.
I wonder if I could assert a lien on any recovery. Marty's share, that is. :hmm:

By 1988 Marty had raided LRH's former ranch several times and absconded with a treasure trove of auditing folders and research notes. He knew by then (with total certainty I'm presuming) that OT 9&10 did not exist in any way, shape or form. However, that did not stop the RTC, which he was the head of at the time, from sending out an information letter in '91-92 from its office about OT 9&10 and regging money for the non-existent fantasy levels.

Possibly, that's a fraud he was directly complicit in. :whistling:

I wonder if I can get my $32K back from any future proceeds. Marty's share, that is. Can I get in line?
I know better. Just like to get in some well-deserved licks now and then. :coolwink: :shrug:
 

Reasonable

Silver Meritorious Patron
Ray Jeffrey was not being paid hourly. Marty and Monique couldn't possibly afford it. Jeffrey had the case on a contingent fee arrangement -- i.e., he fronted all costs (e.g., filing fees, charges for service of process, copying costs etc.)...

That being said, he is going to recover costs, I don't think she could simply stop the case and he loses all the time and money he put into the case. Therefore there has to be a settlement involved. Lawyers don't simply lose money, they always protect themselves and Marty is not going to pay him out of his "book and blog" money.
 

Balthasar

Patron Meritorious
Originally posted by Mark C. Rathbun here

"Mark my words. Tony Ortega and his unnamed sources will rue this day when they declared Monique Rathbun as fair game and subjected her to intentional libel."

What does Marty mean here? Fairgame, intentional libel, anybody can explain?
 

Balthasar

Patron Meritorious
Is Marty saying that Tony Ortega and his sources are incorrect, so it's libel? Or that the Church could file a libel case against Monique. No that's not possible, or is it?
 

Chess

Patron with Honors
I really have many agreements with what you say.
The one thing that makes my butt go really tight within your words is contained within the sentence:
Miscavige will not allow them...
The power miscavige has is absolutely relevant to the ability to view anything within scientology - what a fucking joke that statement is. It is absurd, that idiot is no more than a money junkie and is having a hard time controlling his success at stealing so much money. Marty's and Monique's position is indeed unique but can it be seen that they are so easy bought (eventually)? ABSOLUTELY!
The power and influence of money & lawyers reaches the top level of every society. Can anyone give me any successful politician who isn't a lawyer? Or cannot afford the fees to be so well advised...
Geezers, are we so affected by this anomaly in justice being served that we consider miscavige in a position to dictate, fuck that little asshole.
I know I'm not being exactly realistic, but shit... (once again) fuck that little asshole!
 
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