Page One ATTACHMENT TO OFFICE OF DISCIPLINARY COUNSEL COMPLAINT FORM #7

Office of Disciplinary Counsel 1132 Bishop Street, Suite 300 Honolulu, Hawaii 96813 RE: Richard Diehl, Attorney The objective behind our complaint filed herein is based on our allegations of ethical concerns, misrepresentation, and an alleged conflict of interest, at times the inability on the part of Attorney Diehl to communicate with myself and others, as well as charging what we allege to be unreasonable fees not commensurate with the level of service achieved. Our litigation was defined as a Probate Contest. I am the daughter of the deceased, residing in Las Vegas, Nevada. My profession is as a Private Investigator. It is our allegation Mr. Diehl billed unreasonable and excessive amounts for services he had claimed to render. We allege Mr. Diehl became aware of a key and critical document (1 st Amendment to our fathers trust) and for reasons unknown or from sheer negligence, chose to not inform us. The referenced documents are two 1st Amendments to our fathers original Elvin R Meek Family Trust dated June 14, 1996. Both Amendments named Bank of Hawaii as Co-Trustee of the QDOT and EXEMPTION TRUST. The attached correspondence will support that in April of 2008 Mr. Diehl indicated there was a possibility of settling the case. Having satisfied the initial retainer two previous times, Mr. Diehl asked to have his retainer replenished once again. At this point $30,000.00 was paid to Mr. Diehl over a period of only 14 months. The attached billing statements coupled with an attached letter dated March 7, 2008 from Mr. Diehl will reflect, in my view and opinion, inflated, exorbitant, unfair, and unreasonable fees for services rendered.. The attached October 5, 2006 billing statement prepared by Attorney Diehls office clearly reflects charges our account for preparation of the Attorney Representation Agreement and letter in the amount of $525.00 for 2.1 hours. Having experience working in the legal profession and upon conferring with attorneys inside and outside of the State of Hawaii, it is not customary to charge a potential client a fee ($525.00) to draft a Retainer Agreement. The September 2007 billing statement prepared by Attorney Diehls office in the 8/31/07 through 9/10/07 entries charge: $243.40 for copies (this is highly unreasonable considering the Objection to Bank of Hawaii petition and attachments is no more than 12 pages. The filing fee in the amount of $400.00 and listed as Probate Motion is also questionable since, according to Ms. Gabnia, a filing Page Two

clerk at the 1st Circuit Court of Hawaii, a Petition had been previously filed by the attorneys from Bank of Hawaii... The November 2007 billing statement prepared by Attorney Diehl, contains an entry on the second page under Additional Charges, a title search that was prepared and obtained on two properties from First American Title Company. This was also unnecessary as Mr. Diehl was provided these documents when I retained his services. A telephone call to a clerk with the First American Title Company in San Francisco confirmed cost for producing such a document is no more than $2 a page. Since the documents were no more than 10 pages, the charge of $942.40 would appear to be excessive. The climate of my relationship with Mr. Diehl during the months of April 2008 through June of 2008 became chilled and tense especially after a request to replenish his retainer a third time. It should be noted and repeated that Mr. Diehl had received $30,000.00 at this juncture. Another example of excessive billing is dated 4/28/08 wherein Attorney Diehl charges $1,525.00 for 6.1 hours of Review Pleadings, finalize response, draft Ex Parte Motion to Seal Death Certificate, letter to Rhonda Griswold and a Letter to Russ Nowell.. Further, a billing entry dated 4/30/08 for 5.9 hours at $1,475.00 for Letter to Nanci Meek regarding an invoice, letter to Ms Griswold, review accounting, Response, Exhibits and Petition to Compel. (It should be noted here, at this time there was no Petition to Compel or Exhibits to review.) The entry dated 5/2/08 reflects 8.3 hours worked with a total of $2,075.00 being billed for teleconference with Nanci Meek, prepare and attend and a court hearing. This was not a hearing but in fact, was a court appearance requesting Judge Hirai to continue the Petition to Remove Trustee. On August of 2007 our fathers close friend, Wes Stewart and a key witness to our litigation, executed an affidavit in Mr. Diehls offices regarding witnessing our fathers physical condition at the time the second Amendment was executed. I was charged for this Affidavit preparation and execution however, I would not discover until three years later (at an Evidentiary Hearing) that the Affidavit was never filed with the First Circuit Court in Hawaii. Also, Mr. Diehl advised he would be obtaining Mr. Stewarts video recorded Affidavit as Mr. Stewart was of advanced age. In February of 2008 Mr. Stewart passed away. In August of 2008 Mr. Diehl informed me he never video recorded Mr. Stewarts Affidavit. A letter addressed to Judge Hirai attached and dated January 18, 2008 from Judy Lee, attorney for Bank of Hawaii, reflects Attorney Richard Diehl was not communicating with her offices. Further, on February 11, 2007 an Order Granting Petition for Approval of Resignation of the Bank of Hawaii as co-trustee was granted by Judge Hirai. Our attorney, Richard Diehl was not present as is evidenced by his non-signature on the Judgment. A letter from Attorney Judy Lee confirms several attempts by her to contact Attorney Diehl went unanswered. The attached Affidavit In Support of Attorneys Fees and Costs with attached Exhibit A (billing statements for attorneys representing the Bank of Hawaii) and filed September 25, 2007, reflect the Bank of Hawaii, attorneys for the Bank of Hawaii, the opposing party (our stepmother, Elizabeth Reklai Meek) as well as her Law Firm Cades Shutte, were aware that a forged document existed entitled the 1st Amendment to the Elvin R Meek Family Trust. We allege Attorney Richard Diehl Page Three

was made aware of this forged document as early as September of 2007. The forged document was initially introduced to the San Luis Obispo Superior Court in September of 2004 by Elizabeth Meeks attorney in California, Robert Grigger Jones. According to an Affidavit prepared by Attorney Judy Lee and executed by Attorney Robert Jones in January of 2006, Mr. Jones states the aforementioned 1st Amendment was executed on September 16, 1997 in Hawaii and again three days later by our father on September 19, 1997 in California. Page 5 of the attached billing statement dated 12/27/05 entry on 10/14/05, reflects Legal Assistant S. Pang comparing two versions of the 1st Amendment. Upon retaining Mr. Diehl in September of 2006 the suggestion was made by me that the 1st Amendment was a questionable document. Mr. Diehl encouraged us to not proceed contesting the document as it contained a No contest clause. And yet as early as September of 2007 upon learning of the questionable document, Attorney Diehl never suggested or so much as informed us of the discrepancy with the signatures on the two 1st Amendments. The Petition For Order Clarifying Prior Order And Judgment On Second Amended Petition For Reformation Of Trust Agreement Confirming Relationship Between 1992 and 1996 Trusts And Instructing Petitioner Regarding Sale of Real Property filed February 23, 2007 is attached. . Page two clearly outlines the existence of two 1st Amendments to the Elvin R Meek Original Family Trust dated June 14, 1996. One was supposedly executed on September 16 and the second one was supposedly executed on September 19, 1997 in California. This clearly indicates Mr. Diehl had knowledge of this and did not share this with us. It would appear he was colluding with the attorneys for the opposing side and looking the other way. The Petition was denied and the matter remained in the Hawaii courts. A month later the Bank of Hawaii sent us a letter stating they would be asking to withdraw as co-trustee. Attachments:
1) Medical Forensics Report prepared by Suzanne Gelb, Ph.D. at the suggestion of Attorney

Diehl. The report concludes our father was 100% incapacitated at the time the 2 nd Amendment to his original Elvin R Meek Family Trust dated June 14, 1996 was executed only weeks before he passed away and days before he fell and lapsed into a coma.
2) Affidavit In Support Of Attorneys Fees and Costs, Exhibit A filed in First Circuit court

State of Hawaii on September 25, 2007. This document filed by Judy Lee attorney for Bank of Hawaii includes as attachment billing statements from Goodsell Anderson Quinn and Stifel, the Bank of Hawaii attorneys detailing conversations with Attorney Robert Jones discussing the questionable (and later deemed to be a forged document) 1st Amendment signed in California.
3) Petition For Order Clarifying Prior Order And Judgment On Second Amended Petition

For Reformation Of Trust Agreement Confirming Relationship Between 1992 and 1996 Trusts And Instructing Petitioner Regarding Sale of Real Property filed February 23, 2007. The hearing on the aforementioned matter took place in California with attorneys for the Bank of Hawaii. Attorney Diehl was not present as he is unable to practice in California, however a copy of the Petition for Order was provided to him. Page two clearly outlines the existence of two 1st Amendments to the Elvin R Meek Original Family Trust dated June 14, 1996. One was supposedly executed on September 16 and the second one was supposedly executed on September 19, 1997 in California. This clearly indicates Mr. Diehl had

knowledge of this and did not share this with us. It would appear he was colluding with the attorneys for the opposing side and looking the other way. The Petition was denied and the matter remained in the Hawaii courts. A month later the Bank of Hawaii sent us a letter stating they would be asking to withdraw as co-trustee. It should be noted a similar Petition was filed in Hawaii a year earlier and the order was denied.
4) Signature Comparison Forensics Report prepared by Reed Hayes, CDE on April 3, 2009

10 months after Attorney Diehl removed himself as our counsel. This document confirms the signatures on the 1st Amendment to our fathers trust signed in California supposedly three days after signing the document in Hawaii. We allege Attorney Diehl knew about this document and deliberately avoided addressing the fraud and forgery.
5) Affidavit of key witness Wes Stewart executed August 2007 The Affidavit was never filed

with the court by Attorney Diehl.

6) E mail to Richard Diehl from me discussing the accounting for the estate received on or

about January 2008 after making requests since 2004 for an accounting on the estate. The accounting covered the period from 2003 to 2007.
7) US income tax return for Estate Mr. Diehl continually avoided addressing the IRS

discrepancies as well as the Accounting discrepancies with the 2003-2007 Accounting prepared by East West Wealth Management and submitted February of 2008. It wasnt until an audit was prompted by the IRS that the attorney and stepmothers accountant in California prepared the tax returns for 2003 through 2007.
8) Order Granting Petition For Approval of Resignation of Bank of Hawaii as co-Trustee

filed on February 11, 2008 executed by Rhonda Griswold attorney for stepmother however Mr. Diehl was not present and did not sign the document.
9) E mail dated April 27, 2008 from Attorney Richard Diehl asking a past due balance of

$17,715.08 be replenished. E mail also indicates settling with the $1 Million Exemption Trust being distributed to the beneficiaries and appointing a new trustee. Also Attorney Diehl indicates if we do not settle and proceed with litigation we need to anticipate a prolonged and costly battle.
10)

Letter from Attorney Richard Diehl dated May 6, 2008 threatening to withdraw as our counsel unless we pay him $17,715.08. Letter from Attorney Richard Diehl dated May 7, 2008 discussing settlement with Elizabeth Meek and early distribution of Exemption Trust. It should be noted the $1 Million Exemption Trust as of this date has never been funded (all tax returns filed by Elizabeth Meeks accountant Michael Gould during the IRS Tax Audit performed in 2007 reflect the Exemption Trust was funded, however it was not). Letter from Attorney Richard Diehl dated May 23, 2008 discussing scheduled Settlement Conference dated June 4, 2008 with attorney Rhonda Griswold from Cades Shutte law firm.

11)

12)

13)

E mail dated July 5, 2008 from Attorney Diehl to me reminding me of the balance owed to his firm, as well as the veiled threat of his retaining a lawyer and taking action against me. Petition for Leave To Withdraw as Counsel Affidavit of Counsel filed June 9, 2008 First Circuit Court State of Hawaii. Billing statements from Attorney Richard Diehl

14)

15) 16)

Certification of Trust on 1992 Living Trust executed by Elizabeth Meek on February 20, 2004. This is a document executive AFTER our father passed away. Our father died on October 19, 2003. This was a document drafted by Elizabeth Meeks attorney in California, Robert Grigger Jones, was a tool to present to Union Bankcal to assist her to cash out our fathers stocks which were a part of the 1996 Trust. The Trust mentioned in the Trust Certification is the Elvin R Meek and Elizabeth Meek 1992 Trust therefore the Elvin R Meek 1996 Family trust cancels this document. We asked Attorney Richard Diehl to investigate and he would not telling us that to pursue such a matter would open us up to violating the no contest provision and we would end up with nothing.

DATED: June 6, 2011 . SIGNED: _________________________________________________ NANCI L. MEEK, Original Trustee and Beneficiary Elvin R Meek Family Trust dated June 14, 1996