Thank you Ken, here is something Scott68 posted on MSB
1. EHC has retained counsel. Any discussion by any member of the EHC regarding communications with counsel that occurs outside of the presence of counsel will violate attorney/client privilege and result in that member of the EHC possibly being subject to examination by any other party to the bankruptcy regarding ALL discussions with counsel.
In short: Even the most innocuous disclosure by someone from the EHC regarding matters that have been discussed with counsel could result in the EHC's entire strategy being subject to disclosure to all of the parties involved in the bankruptcy.
2. The notion that the EHC attorney is in some way "briefing" all or some of the members of the EHC on a daily basis is erroneous.
3. The notion that the EHC attorney consults with all or some of the EHC on a daily basis in order to formulate strategy, formulate motions or discuss filings is erroneous.
4. The fact that the EHC does not attempt to interpret or provide guidance as to the daily happenings within the bankruptcy does not mean that information is being withheld nor does it mean that the EHC has info beyond that which is readily available to the general public.
5. The discussions between the members of the EHC are confidential. Any disclosure by any member of the EHC regarding anything that was discussed amongst the EHC members would be a violation of that confidentiality and would adversely affect the ability of the EHC to conduct its business.
I?m an attorney and I do a lot of criminal defense work and I work as a Special Assistant to the Attorney General for the State of Washington; however, I don?t, nor have I ever, practiced bankruptcy law.
I can tell all of you that there is no greater frustration for me as an attorney than to be retained to give advice and guidance to a client only to have that client ignore my advice and guidance and thereby make my job harder.
The EHC has GREAT counsel in this matter. She is fighting the fight that is in the best interest of all shareholders and rest assured that the EHC is listening to, and trying to follow, her advice.
For members of the EHC to begin communicating strategy, legal discussions or potential outcomes to the masses via message boards or via CPRKSA contacts would be entirely inappropriate and counter-productive to the mission at hand.
All it takes is for one individual to disclose one confidential detail, or a privilege-protected detail, and suddenly all that the CPRKSA and EHC have worked for could be blown out of the water.
I completely understand everyone?s desire for information and the tension that exists as we wait to see the outcome of the bankruptcy, and you should all be aware of the fact that if the members of the EHC could sit down and tell everyone the entire story, we?d all love to do so.
That would probably satiate everyone?s need for info, at least for today, but it would also destroy the EHC?s ability to function, violate attorney-client privilege and violate the confidentiality guidelines required of the EHC.
I also think that it?s important for people to remember that the members of the EHC, just like those that are members of the CPRKSA, are people with families, jobs and other obligations.
I can only speak for myself, but I have no doubt that this applies to everyone involved with the EHC, in saying that the time and financial requirements of being a member of the EHC are extreme.
I know that I?m putting in 10-15 hours (conservatively) per week of my time, as well as some significant financial commitments, toward EHC related obligations, and I KNOW that there are other members of the EHC putting in MUCH more time and MUCH more money than I am.
Adding another layer of work to the existing workload of the EHC members would be overwhelming and not something that I would support.
There is nothing stopping members of the CPRKSA from continuing to scour documents, exchange ideas, discuss options, attend hearings and reach out to non-EHC members for information about this case.
We?re all in this together and the power of the masses has been tapped to give us an opportunity for an outcome that will satisfy shareholders. Thanks again for all of your support.
