Tuesday, April 17, 2012

Karen Irby seeks depositions, Stuart Irby's estate seeks to intervene

Karen Irby filed a motion seeking depositions from other parties last Thursday in the lawsuit filed by the Dedousis and Pogue families against the Stuart and Karen Irby. The lawsuit was filed in 2009 and settled in 2010. Ms. Irby was represented by Attorney Thomas Page and later Todd Burwell in the case.

Ms. Irby claims there are "certain documents" in her file "but Thomas Y. Page, Esq. refused to give her depositions stating there was an agreement to keep certain depositions confidential." Ms. Irby states she does not understand how a lawyer "can refuse to give his client a copy of her file because of a protective order/stipulation. (Karen, Leisha Pickering is till wondering the same thing.) How can a lawyer refuse to give his client a copy of a document from her file in which the lawyer is being paid, or has been paid, to render services?"

Ms. Irby then accused Mr. Page of unethical conduct, citing Mississippi Ethics Opinion 144. The opinion states the file belongs to the client. Thus Ms. Irby argues the depositions are her property. The motion states Mr. page responded in correspondence to Ms. Irby that the lawyers in the lawsuit "agreed to confidentiality regarding some of the depositions. I simply do not appreciate your veiled threats and accusations and have no intention of speaking with you about this." Ms. Irby and her lawyers counter that a lawyers duty to his client is a higher duty than what is owed to other lawyers and "opposing counsel."


The legal skirmishing also continued in Ms. Irby's lawsuit against Charles Irby, Stuart Irby, Jr., Jeff Rickels, Cal Wells, Pinnacle Trust, Dr. Sudhaker Mdakasira and other parties. They allegedly gained control of his affairs, divorced the couple, and then changed his will to deprive her of her and her child's inheritance in the case of his death. Mr. Irby killed himself January 17, 2011. The lawsuit also seeks punitive damages, and was filed by attorneys Dennis Sweet and Bill Featherston. Ms. Irby also included her daughter with Lee Bounds, Parker, as a co-plaintiff. Earlier post on lawsuit. Copy of lawsuit in post.

Legendary attorney John Corlew filed a motion to intervene on behalf of Pinnacle Trust (included in the documents posted below) on March 24, 2012. Pinnacle Trust is the executor of the estate of Stuart M. Irby, Sr. Pinnacle claimed since it administers the estate, it has an interest in the lawsuit and a right to be heard. Pinnacle asked the court to dismiss the lawsuit, and if it refuses to do so, stay the proceedings. Mr. Corlew argues the lawsuit is an "attack" on a will probated in Hinds County Chancery Court. The allegations by Ms. Irby that Stuart was unable to comprehend his actions when he "disinherited" Karen is a matter for the Chancery Court, not the Circuit Court. Chancery Courts are the venue for probate in Mississippi. Pinnacle closes by arguing Ms. Irby should be required to file suit in chancery court. Ms. Irby's lawyers will no doubt argue she is not challenging a will but is claiming torts against several individuals.




11 comments:

Shadowfax said...

If you're talking about the article in today's Clarion, I would agree (with her current attorney) that she has a right to any part of her own file, which, as stated in the paper, is all she's seeking. To claim any part of her own file is confidential, therefore not available to HER, makes no sense. I have no doubt 'family agents' convinced Stu to write her out of the will but can't imagine how that can be proved unless one outs the group.

Anonymous said...

Stuart committed suicide Jan. 18, 2012.

Anonymous said...

Sorry it was actually Jan. 17

Anonymous said...

WHO CARES WHEN HE DID IT, THE FAMILY MANIPULATED HIM,.. SHE'S OUT, THEY NEW SHE WAS GONA GET PARDONED, SOOOO, NOW GIVE HER WHAT SHE WAS PROMISED IN THE WILL... SO NOW GET OVER IT !!! AND LETS PUT THIS WOMAN, AND THE FAMILY SHE MARRIED INTO BEHIND US,...REALLY!!!

KJ said...

All caps, huh? Angry??? I didn't say anything negative about Karen or Stuart. I sincerely hope she gets what was promised to her in the first will. Not that's any of my business or yours.

FYI - I'm not getting into a pissing match with anyone on here on what his/her opinion is of the Irby siuation.

P.S. - You need to take a fkin chill pill or don't read this blog! :)

Anonymous said...

The all caps wasn't intentional, and I don't really care what she receives or doesn't receive either, but manipulation on him or her, whether it be direct or indirect via; physically or mentally, ....I mean blah blah, blah blah blah blah, .

And this wouldn't be a pissing match either, because I couldn't care less what she does or doesn't get!

So...FYI : don't comment ignorantly, cause I don't know the family either....

Unfortunate, she's connect to our Alleged Philanthrapist of the Metro area, who wasn't a good tipper a had a pretentious ass Attitude.

So, just kinda over them....Really ...: )

Anonymous said...

There is no question that Stuart's child with Karen is an Irby.

There is no question that the child is innocent.

There is no question that Stuart was regarded as legally competent prior to the accident.

There is no question that, when Stuart filed divorced papers, COMPETENT legal counsel would have advised him to add a clause to an existing will changing the distributions in the event of a divorce from Karen. Such an addition would be an easy thing to do and common when this much money is involved. Indeed, any will by Stuart should have already had language addressing the possibility of a divorce or death of spouse.

Has the will written after the accident been probated? If so, was the judge informed that a prior will existed?

That a post accident will favors the guardians and disinherits a minor child screams fraud.

And, frankly, if there aren't criminal statutes in MS to deal with such shenangians on the part of guardians and attorneys and judges who would alter a will, contracts or legal agreements made prior to a ruling of incompetence, there should be.

Shadowfax said...

Why would she NOT be entitled to her OWN file? Haven't we just been reading (on this site) quite a few threads about lawyers representing themselves instead of their clients?

Anonymous said...

1:56
Could care less. Couldn't care less says that you really do care.

Anonymous said...

If our wills made while we are legally competent can be changed by those who become guardians of our affairs should we get Alzheimer's or have some other brain altering event, we should all care.

We should care even more if those guardians and lawyers can profit from making those alterations and worse, that a probate court judge would ignore a pre-existing will made and paid for by the deceased while competent.

M D said...

He was not competent when these greedy people changed his will. If you love your brother, then you honor his wishes along with his first will. Karen Irby deserves her share as well as her daughter. They were married for a long time and you had no right to "divorce" them period. Stuart earned that money, not you or your attorneys. Do what Jesus wants; give her and her daughter (she was like a daughter to Stuart im sure) their share of the money.



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