We are checking our e-mails day and night--but not holding our breaths for--Baker & Hostetler partner Richard Bernard's response to our query of February 17.
Yesterday, seeking clarification concerning yet another issue, namely the hiring of law firms in Ireland, and the United Kingdom to assist Baker & Hostetler in its role as counsel to Irving Picard, the court-appointed Madoff bankruptcy trustee, we e-mailed David Sheehan, another of the firm's partners involved in the Madoff case as one of Picard's counsels.
We are advised by attorneys familiar with bankruptcy proceedings that it is common practice for law firms serving as trustees' counsels to retain additional firms to deal with specific aspects of those cases.
Given that the Madoff case is highly unusual, however, we sought clarification from partners of the firms thus far retained by Baker & Hostetler concerning the process by which the above-mentioned firms were retained.
Thus we put in a call to David Cantrell, the managing partner of Eugene F. Collins Solicitors, a firm in Dublin, Ireland, dealing with at least three Madoff-related cases, leaving an explicit message.
We're still awaiting his reply.
We also called Robin Keller, a New York-based partner at Lovells LLP, the firm hired by Baker & Hostetler to handle cases in the United Kingdom and on the European continent. When informed as to why we were calling, she replied that another of her firm's attorneys would be in touch with us.
We're still awaiting that attorney's reply.
In our e-mail to David Sheehan we inquired about the process by which Baker & Hostetler had retained Eugene F. Collins Solicitors and Lovells: Had competitive bidding been involved? Did either firm have a prior professional relationship with Picard and/or Baker & Hostetler?
We're still awaiting his reply too.
Oh, and we copied Kevin McCue, Baker & Hostetler's spokesperson for the Madoff account.
But it's downright Kafkaesque: Keven McCue does not answer the telephone number to which media calls are directed, instructing the caller instead, via voice mail message, to e-mail him.
Needless to say, we're still awaiting Kevin McCue's return e-mail.
To those in the legal profession such evasion may be commonplace. To us and, very likely, to many of Bernie Madoff's victims, the attorneys' wall of silence is quite disturbing.
This is hardly your typical bankruptcy case. The predicted "substantial to very substantial" monies [according to a bankruptcy expert] to be paid Picard and Baker & Hostetler, as well as the hourly remuneration to Eugene F. Collins--$575 per hour for partners, representing a ten percent discount from the firm's normal rate--and Lovells--$875 per hour for partners for work in the U.K. and $640 per hour for work in Europe--will come out of the victims' pockets via funds already secured or to be recovered by Picard from Madoff's criminal enterprise.
Surely Bernard Madoff's many victims deserve answers to the questions we have posed to the various attorneys and to Baker & Hostetler's elusive spokesperson. And they also have the need to be assured that those retained are the ones best eqipped to deal with the enormous complexities of the Madoff case, as well as to zealously protect their interests.
We fear, however, that the United States Bankruptcy Court for the Southern District of New York; trustee Irving Picard; and Baker & Hostetler, his counsel, see this case as just business as usual and do not seem to grasp that Bernard Madoff's victims, as well as the concerned public, have the right to, deserve and cry out for total disclosure.