Because I was curious, and because something didn’t sit right with me, I did some additional research.
In the original post, in comment #14, Mark says this:
“This was Clifford’s response to my complaints about his secretary losing interrogatory responses and refusing to take responsibilty for her incompetency. It also was Clifford’s response to our complaint over him failing to represent us at a deposition (leaving in the middle of it and dumping us on a rookie lawyer who later quit working for Clifford). And, Clifford lost the noise ordinance case and my false arrest lawsuit. He was sanctioned $400 by the court for screwing up the interrogatories (Which we had to pay because he has refused). He also signed off on testing specifically against our wishes and did not tell us.”
Eh, I’m gonna have to fact check you on a couple of those points.
Click here to download PDF
In the motion, it reads, “$400.00 for costs and attorneys fees associated with a prior motion to compel discovery responses.”
When you see “compel discovery responses,” that means the court had to force cooperation. Had the plaintiffs just straight cooperated, there wouldn’t be the need to compel and there wouldn’t be a fee.
It also reads on another page, “Initially, the Court granted a motion to compel, and subsequently awarded costs and fees in the sum of $400.00 to defendant Cleveland for the plaintiff’s failure to substantially engage in the discovery process.”
Again, that means that because the plaintiffs didn’t really participate willingly in the discovery process, another step in the path had to be completed and the court had to be ordered to make them cooperate. Those things are not free.
This, however, is vastly different from, “he screwed up our interrogatories and we had to pay.” It doesn’t say anywhere in any of these pages that he failed you as an attorney, and the court found that he failed you as an attorney, so he had to pay.
This was ordered April 3, 2008, and as of April 9, 2009, had not been paid. Actually, as of April 24, 2009, it hadn’t been paid. As far as research shows, it still hasn’t been paid, so saying that you had to pay $400 that Mike Clifford was supposed to pay but refused isn’t really true. Unless you’ve paid it since then. You’re welcome to tell me you have, but know I can fact check that, too. If you’d paid it, it’d be entered into the public record. So, if you’ve paid it, I’ll happily post your proof.
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It was Col. Mustard in the Ballroom with the Revolver!
(Sorry, check mate didn’t seem appropriate. Point, set, match is tired. You sunk his battleship was already used. Clue it is!)
Well done, Jacque.
Wow.
Mark … dude … just don’t open your mouth any more.
Just back away from this blog and don’t return.
You have been soundly, soundly defeated.
By the First Amendment, ironically.
Wait, so this whole “research” thing is used to gather “facts”???Mark wouldn’t lie to us. He has never lied, niether did Dawn. So you are saying Mark lied to make himself look better??? Why do I not believe him???
Bravo Jacque! I think this deserves a beer or other adult beverage and a toast to your proper leg work.
oh man…I just fell outta my chair reading that….
fantastic work there, jacque
Clifford was ordered to pay the $400 because interrogatories were not turned in on time. As I have previously stated, we had problems with one of his secretaries. I was not even at the hearing where this order was made (last year). About 3 months ago (I do not recall the specific date) I dropped out of the suit as our new attorney, Harvey Peyton, felt I was “too controversial” for a conservative Putnam County jury. Since my wife and mother technically own the home (though I have been strongly contributing to the mortgage payments for nearly 10 years-and pay all of the utilities) Peyton suggested that she be the only one of us on the lawsuit. I paid off the $400 a couple of months ago when they made an issue of it in court. We PRESUMED that Clifford paid the $400 last year and were shocked to learn that it wasn’t paid. When the law suit is settled, I will file a small claims court case against Clifford.
To whom did you pay the $400?
Also, why is he not sanctioned in any official documents related to the case? You said the $400 was for sanctions against him. That would be reflected in the record. If a lawyer is sanctioned, it says so. This simply says it’s a fee for a motion to compel. That’s a reasonable question to ask why the record doesn’t reflect your story.
Oh Jacque … you and your silly, silly questions. Wanting facts that can be substantiated and what-not. Silly girl. I don’t think Mark’s Unicorn Express makes stops in reality.
{Tobias playing the role of Mark Hallburn}
Because I’m a BIG FAR LIAR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!¡
{and cut}
Jacque I made it as easy for him as I could.
“FAT”
I know I f#cked up a good joke
GOW:
The $400 was paid to Harvey Peyton’s trust account. If he has not already, he will provide it in a hearing the first week of June. (I am not at home and do not have the date here at work.)
I DO know the check was cashed.
The Motion to Compel was because Clifford did not provide the Interrogatories on time.
If you insist, I will call my bank, get a copy of the check, scan it, and email it to you if you promise NOT to publish account numbers.
As for my separation with Clifford, you and your friends here apparently don’t know how firing a CONTIGENCY lawyer works. Here’s the Reader’s Digest version:
1) Clifford lost my false arrest case.
2) Clifford lost the noise ordinance case.
3) At SEVERAL hearings, Clifford did not show up with proper documents or provided them to the defense later than court rules allowed.
4) We had a NUMBER of problems with ONE of his secretaries losing Interrogatories (which resulted in the $400 fine-AGAINST HIM).
Long before Clifford “fired” me, we wanted to fire him. However, since he was a contingency lawyer, we would have to PAY HIM THOUSANDS in hours/time for his efforts.
This is where you read between the lines…. You’re intelligent enough to figure out why/how things happened the way they did.
GOW:
Just off the phone w/BB&T. Check for $400 to Peyton’s trust was cashed April 2nd. Copy has been ordered. Will take about a week. Will scan and email to you then. Nothing more I can do now. Stand by.
{Tobias playing the role of Mark Hallburn}
GOW:
Just got off the phone with Pizza Hut, Domino’s, and Papa John’s. Re-routed the $400.00 to be split up evening to the three, and will be having a light snack.
{end scene}
I CAN NOT TYPE
evenly
Tobias Funke you are still funny even if you cant spell
I mean, that’s pretty OK of you to do that. You don’t have to do that.
My main question was just why you’d pay the new lawyer. The order doesn’t say to give the new lawyer $400 to hang on to until this all gets worked out. You’ve spent the $400 all the same. Does that make sense? That’s more or less what I was confused about.
We paid the new lawyer because he went to court for a hearing and was ordered to come up with the $400 that Clifford never paid. Lawyers have trust accounts for stuff like this, so he isn’t actually getting paid the $400. I PRESUME the money will be paid to Cleveland Construction’s legal team. However, not being a lawyer, that’s simply a clearly-labeled presumption.
{Tobias playing the role of Mark Hallburn}
However, not being a lawyer, doesn’t keep me from talking out of my 50-inch fatass and acting as if I am above the law. I LOVE to PLEAD the 5th!!!!!!!…. 5th avenue candy bar that is!!!!
{end scene}
When I hear Clifford.
I think:
BIG RED DOG!
Exactly! And how many big red dogs do you know that did well in law school?
TW
Mark,
I hear Walmart has a special on shovels right now.
Looks like the one you’re using to dig that big hole you’re in is getting a bit dull.
Mr Mark Halburn
Pro Se
“He who is his own lawyer has a fool for a client”.
And upon further reading the “rookie lawyer” that Clifford allegedly dumped on them appears to be Barbara Harmon-Schamberger.
A Rhodes Scholar and former Secretary of Arts and education for the state of WV who had been practicing law since 1991.
I guess the fact that she was a woman was what really set Fat Boy off.
It was the PLAINTIFFS (that’s you, Food Giant) that were ordered to pay the $400, not their attorney.
Just another distortion of the facts to make himself look good.
Good article, the advertisment is sold?
^ spam?
Larry:
Nope, wrong lawyer. I said “rookie.” Obviously, that couldn’t be Barbara, who had left Clifford’s firm by then.
Who was the attorney registered on the Civil Court Docket? If Clifford handed this to a rookie, as Hallburn proclaims, then that rookie has to be listed on the docket and on the paperwork filed.
I was referring to the deposition. She also has left Clifford’s employment. Let’s see, since our case was filed, Barbara left, Wanda Carney left, the attorney that was left sitting in on our deposition (whose name I don’t recall) has left Clifford. Remember the controversy when he was Kanawha County Prosecutor?
Oh, I left out Tifney Terry who left before he took our case… But that’s another story, right Rusty?
So, basically what I’m seeing here is a bunch of law clerks and lawyers have left Clifford because he’s a terd, and that terd tossed Mark to the gutters.
Those who left > Clifford > Mark Halburn
Looks like you’re on the bottom of the totem pole of suck.
uh-oh…mark…you done did it now!
mark, you just don’t drop the name of wanda carney…you’ve already got GOW and a cast of dozens digging up your skeletons.
do you REALLY want wanda digging up shit on you?
really??
Wanda and I have a good relationship. We’ve worked together on developing several stories about the City of Nitro.