Memorandum

To:	Laura Robinson
From:	William L. Martin, III
Subject:	A98A1916 . Thurman Higginbotham v. C & N Construction Company
Date:	July 6, 1998

Pursuant to our conversation of Wednesday, July 1, I called Mr. Wade Anderson, the former attorney for Mr. Thurman Higginbotham , appellant in the above referenced matter. I discussed with Mr. Anderson the Court's questions and concerns regarding Mr. Higginbotham 's letter.

Mr. Anderson said that he had tried on numerous occasions to have communications with his client and offered to furnish for me or the Court his records of his attempts to communicate with his client. Additionally, he stated that he did serve Mr. Higginbotham with a copy of the Motion to Withdraw as Counsel.

Mr. Anderson said there was never a transcript of the matter. Mr. Higginbotham did not wish to participate in the take down at the trial. In fact, when filing the notice of appeal Mr. Anderson tried to get the record costs of $1,300.00 from Mr. Higginbotham . Mr. Higginbotham kept promising to pay but, in fact, never did. Finally, on the promise that the check was in the mail Mr. Anderson advanced the $1,300.00 record costs. Thereafter, Mr. Higginbotham told Mr. Anderson that there is some problem with the check being delivered to Mr. Anderson. To date, Mr. Anderson has not been paid for the costs of the record.

Mr. Anderson said he is delighted to give Mr. Higginbotham the file. He said Mr. Higginbotham comes to Atlanta on the weekends and Mr. Anderson has offered to meet with Mr. Higginbotham and his subsequent counsel on the weekend to turn the file over to him.

The case was docketed on May 22, 1998 as a September Term case. On June 9th the Court granted an extension of time to file brief until July 13, 1998.

A 60 day extension at this point in time would make the appellant's brief due on September 11, 1998. That would be a total of 92 days extension granted. I am not sure we can grant the appellant a 92 day

Laura Robinson Memo

RE: A98A1916 . Higginbotham v. C&N Construction

July 6, 1998

Page Two

extension and not do the same for the appellee, and that would put appellee's brief due December 14, 1998.

Mr. Anderson told me he has a complete file regarding his communications with Mr. Higginbotham and that he has done all of the things that he is required to do in trying to represent his client. Although he did not say so, I got the distinct impression that he has documented all of his dealings with Mr. Higginbotham because he anticipates that Mr. Higginbotham is going to sue him.

Please let me know if I can be of further assistance to you in this matter.

Thank you.