Thursday, November 1, 2018

2nd Lawyer Drops Campbell Will Challenge.

By Walter F. Roche Jr.

Citing unforeseen ethical concerns, the lawyer representing the three disinherited children of the late singer Glenn Campbell is asking the court to approve his withdrawal from the case.
In a motion filed today in Davidson Probate Court, David Callahan, who had signed on to represent the three after their first attorney bowed out, said an unforeseen ethical issue was forcing his withdrawal.
As Callahan's motion indicates that leaves little time for Travis, Kelli and Wesley Campbell to find another attorney before impending deadlines set by Probate Judge David "Randy" Kennedy.
Callahan did not detail the conflict but said he only recently learned of it.
The original attorney for the three, Christopher Fowler, withdrew in September for unspecified reasons.
The three Campbell children have filed notice that they intend to challenge Campbell's competency to approve the will filed last year by his widow Kimberly. They also have raised an "undue influence" challenge.
Callahan stated in his motion that he was unaware of the "present ethical conundrum" when he agreed to take the case.
While Kennedy approved Fowler's withdrawal from the case, he also has set a series of deadlines and set an April 14, 2019 trial date.
The 2006 will filed by Kimberly Campbell names her as executor and specifically bars the three from any benefit from his estate.
Campbell died in August of last year following a long battle with Alzheimer's disease. The 2016 will now under challenge names Kimberly and his five other children as beneficiaries.
In an order issued in late August, Kennedy set a series of deadlines for discovery, including the taking of depositions.
In seeking to withdraw, Callahan said that even if they were to schedule depositions every day in November they could not meet the current deadlines.'
The motion states that information filed for the estate shows that some 31 witnesses must be deposed and information gathered from seven facilities where Campbell received treatment.
The health facilities, like the witnesses "are scattered across the United States from Los Angeles to Nashville," Callahan's three page motion states.
"It would work extreme hardship on them if they are required to forego key witness depositions simply due to the lack of time," the motion concludes.

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