Gordon McLaughlin Attorney

I received your correspondence dated October 9, on or about October , Please consider this my response to [redacted] 's complaintBefore proceeding any further, however, I do want to point out a potentially serious issueThat issue is the Rule of Professional responsibility that a lawyer shall keep the information shared with him by a client confidential, unless the client expressly waives any privileged communicationFor purposes of my response I will assume that [redacted] 's written complaint is a waiver of the aforesaid ruleI will nevertheless only provide enough information (most of which is public record) to address this complaint I strongly disagree with [redacted] 's allegations regarding my handling of his most recent pardon application You should know that [redacted] , with my representation and assistance, previously appeared twice before the Delaware Board of Pardons and was denied sameHis complaints now surround his third attempt (seeking a pardon) at a pardon I had previously filed and handled both petitions in a diligent professional manner Why would I not handle this third attempt the same way? What motive would I have to act other than as I did on applications one and two? I assigned the completion of pardon application number three to an associate lawyer working at my officeHe compiled the necessary documents and completed the pardon application except for a delay in obtaining two absolutely essential items for the petition These items were: An updated certified criminal history from the Delaware State Police; and Report from a licensed PhD psychologist, or psychiatrist (MD) that [redacted] was mentally stable and not likely to re-offend; It took [redacted] quite some time to obtain these itemsOnce we received same I reviewed the petition and instructed my associate to file sameHe told me that he did, and I believed himIn fact, I asked him twice to check on the status of the Board hearing and he said he did and that the Board was jus t really "backed up" on the scheduling of hearings I had no idea until recently that apparently the Board has no record of the petition being filed This was the first I heard of same as I previously reviewed the petition and told him to file it RECOVERY FOR DAMAGES [redacted] 's claim that I was paid $5,for his third pardon petition is incorrect Iwas paid less than half that amount and not by him In fact, I believe all my fees for the above referenced pardon applications were paid by a relative on his behalfI do not owe [redacted] the money he claims and suggest he produce cancelled checks showing what the paid me during the past several years Lastly, I wish to point out two other important facts Firstly, [redacted] was convicted of the type of felony offense that the Board of Pardons is very hesitate to recommend a pardon onIn fact, at the last hearing the Board was, in my opinion, quite hostile to him Secondly, there is absolutely no legal right to a pardonIt is totally within the discretion of the Board of Pardons to recommend, or not recommend a pardon to the GovernorIt is then up to the discretion of the Governor to grant, or deny sameWhatever decision is made by the Board, or Governor is NOT appealable The fact that there was a delay in the filing of the pardon application will, in all probability, help [redacted] 's chances of getting a pardon, since more time has elapsed since he committed the offense, and the composition of the Board has changed so they may be less hostile to him I have attempted to respond to [redacted] 's complaint without include some less than certain information on [redacted] that is unflatteringWhat I can tell you is that his allegations are incorrect as to my actions and the economic loss he claims Thank you for your attention to this matterIf you require anything further, please do not hesitate to contact meI also strongly suggest, if you require anything further, that you provide me a signed, witnessed and notarized, waiver of the attorney client privilege of confidentiality along with your request

I received your correspondence dated October 9, 2014 on or about October 14 , 2014 . Please consider this my response to [redacted] 's complaint. Before proceeding any further, however, I do want to point out a potentially serious issue. That issue is the Rule of Professional responsibility that a...

lawyer shall keep the information shared with him by a client confidential, unless the client expressly waives any privileged communication. For purposes of my response I will assume that [redacted] 's written complaint is a waiver of the aforesaid rule. I will nevertheless only provide enough information (most of which is public record) to address this complaint .
I strongly disagree with [redacted] 's allegations regarding my handling of his most recent pardon application . You should know that [redacted], with my representation and assistance, previously appeared twice before the Delaware Board of Pardons and was denied same. His complaints now surround his third attempt (seeking a pardon) at a pardon .  I had previously filed and handled both petitions in a diligent professional manner.
Why would I not handle this third attempt the same way? What motive would I have  to act other than  as I did on applications one and two?
I assigned the completion of pardon application number three to an associate lawyer working at my  office. He compiled the necessary documents and completed the pardon application except for a delay in obtaining two absolutely essential items for the petition . These items were:
1. An  updated certified criminal history from the Delaware State Police; and
 
2 . Report from a licensed PhD psychologist, or psychiatrist (MD) that [redacted] was mentally stable and not likely to re-offend;
It took [redacted] quite some time to obtain these items. Once we received same I reviewed the petition and instructed my associate to file same. He told me that he did, and I believed him. In fact, I asked him twice to check on the status of the Board hearing and he said he did and that the Board was jus t really "backed up" on the scheduling of hearings .
I had no idea until recently that apparently the Board has no record of the petition being filed . This was the first I heard of same as I previously reviewed the petition and told him to file it.
RECOVERY  FOR DAMAGES
[redacted]'s claim that I was paid $5,000.00 for his third pardon petition is incorrect . Iwas paid less than half that amount and not by him . In fact, I believe all my fees for the above referenced pardon applications were paid by a relative on his behalf. I do not owe [redacted] the money he claims and suggest he produce cancelled checks showing what the paid me during the past several years .
Lastly, I wish to point out two other important facts.
Firstly, [redacted] was convicted of the type of felony offense that the Board of Pardons is very hesitate to recommend a pardon on. In fact, at the last hearing the Board was, in my opinion, quite hostile to him .
Secondly, there is absolutely no legal right to a pardon. It is totally within the discretion of the Board of Pardons to recommend, or not recommend a pardon to the Governor. It is then up to the discretion of the Governor to grant, or deny same. Whatever decision is made by the Board, or Governor is NOT appealable . The fact that there was a delay in the filing of the pardon application will, in all probability, help
[redacted] 's chances of getting a pardon, since more time has elapsed since he committed the offense, and the composition of the Board has changed so they may be less hostile to him.
I have attempted to respond to [redacted] 's complaint without include some less than certain information on [redacted] that is unflattering. What I can tell you is that his allegations are incorrect as to my actions and the economic loss he claims.
Thank you for your attention to this matter. If you require anything further, please do not hesitate to contact me. I also strongly suggest, if you require anything further, that you provide me a signed, witnessed and notarized, waiver of the attorney client privilege of confidentiality along with your request.

Review: I recently tried to use [redacted]s services to apply for a pardon in the state of Delaware. Me and my family contracted him approx 2 years ago. Paid him $5000 in full up front to work on my case. For 2 years I haven't received one single phone call from him. He lied to my family and told them that he scheduled me to go in front of the board, which he did not. We have proof in writing of all of this. Last week me and my family contacted the Delaware board of pardons and they said no such application has even taken place. So I've had to hire another attorney to file my case, and yet another attorney to get the money back that [redacted] stole from my family. I would recommend that anybody seeking legal counsel stay clear of this attorney. Hes unorganized, cocky, and doesn't follow through with his promises. It has been a very stressful 2 years waiting for a response. Very very unprofessional.Desired Settlement: I would like [redacted] to refund all the money we gave to him.

Business

Response:

I received your correspondence dated October 9, 2014 on or about October 14 , 2014 . Please consider this my response to [redacted] 's complaint. Before proceeding any further, however, I do want to point out a potentially serious issue. That issue is the Rule of Professional responsibility that a lawyer shall keep the information shared with him by a client confidential, unless the client expressly waives any privileged communication. For purposes of my response I will assume that [redacted] 's written complaint is a waiver of the aforesaid rule. I will nevertheless only provide enough information (most of which is public record) to address this complaint .

I strongly disagree with [redacted] 's allegations regarding my handling of his most recent pardon application . You should know that [redacted], with my representation and assistance, previously appeared twice before the Delaware Board of Pardons and was denied same. His complaints now surround his third attempt (seeking a pardon) at a pardon . I had previously filed and handled both petitions in a diligent professional manner.

Why would I not handle this third attempt the same way? What motive would I have to act other than as I did on applications one and two?

I assigned the completion of pardon application number three to an associate lawyer working at my office. He compiled the necessary documents and completed the pardon application except for a delay in obtaining two absolutely essential items for the petition . These items were:

1. An updated certified criminal history from the Delaware State Police; and

2 . Report from a licensed PhD psychologist, or psychiatrist (MD) that [redacted] was mentally stable and not likely to re-offend;

It took [redacted] quite some time to obtain these items. Once we received same I reviewed the petition and instructed my associate to file same. He told me that he did, and I believed him. In fact, I asked him twice to check on the status of the Board hearing and he said he did and that the Board was jus t really "backed up" on the scheduling of hearings .

I had no idea until recently that apparently the Board has no record of the petition being filed . This was the first I heard of same as I previously reviewed the petition and told him to file it.

RECOVERY FOR DAMAGES

[redacted]'s claim that I was paid $5,000.00 for his third pardon petition is incorrect . Iwas paid less than half that amount and not by him . In fact, I believe all my fees for the above referenced pardon applications were paid by a relative on his behalf. I do not owe [redacted] the money he claims and suggest he produce cancelled checks showing what the paid me during the past several years .

Lastly, I wish to point out two other important facts.

Firstly, [redacted] was convicted of the type of felony offense that the Board of Pardons is very hesitate to recommend a pardon on. In fact, at the last hearing the Board was, in my opinion, quite hostile to him .

Secondly, there is absolutely no legal right to a pardon. It is totally within the discretion of the Board of Pardons to recommend, or not recommend a pardon to the Governor. It is then up to the discretion of the Governor to grant, or deny same. Whatever decision is made by the Board, or Governor is NOT appealable . The fact that there was a delay in the filing of the pardon application will, in all probability, help

[redacted] 's chances of getting a pardon, since more time has elapsed since he committed the offense, and the composition of the Board has changed so they may be less hostile to him.

I have attempted to respond to [redacted] 's complaint without include some less than certain information on [redacted] that is unflattering. What I can tell you is that his allegations are incorrect as to my actions and the economic loss he claims.

Thank you for your attention to this matter. If you require anything further, please do not hesitate to contact me. I also strongly suggest, if you require anything further, that you provide me a signed, witnessed and notarized, waiver of the attorney client privilege of confidentiality along with your request.