Here is the doc now fixed in readable form.
Case 2:09-cr-00132-JAD-GWF Document 303 Filed 01/21/15 Page 1 of 5
RICHARD W. WRIGHT, ESQUIRE
Nevada Bar No. 886
WRIGHT STANISH & WINCKLER
300 S. Fourth Street
Suite 701
Las Vegas, NV 89101
702-382-4004
702-382-4800
Attorney for Defendant Edwards
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA, ) CASE NO: 2:09-CR-132-JAD-GWF
)
Plaintiff, ))
vs. ))
JOHN M. EDWARDS, ))
Defendants. )
____________________________________)
MOTION TO WITHDRAW AS ATTORNEY OF RECORD
COMES NOW, Richard A. Wright, Esquire and Wright Stanish & Winckler, and pursuant
to the Nevada Rule of Professional Conduct (“NRPC”) 1.16, move to withdraw as attorneys for
Defendant John Edwards. This motion is made and based upon the points and authorities and the
Declaration of Richard A. Wright (“Wright Declaration”) attached hereto, and such argument and
evidence as may be presented at the hearing on this motion, should any occur.
Dated this 21st day of January, 2015.
Respectfully Submitted,
WRIGHT STANISH & WINCKLER
BY /s/ Richard A. Wright
RICHARD A. WRIGHT, ESQUIRE
300 S. Fourth Street
Suite 701
Las Vegas, NV 89101
Attorneys for Defendant John Edwards
Case 2:09-cr-00132-JAD-GWF Document 303 Filed 01/21/15 Page 1 of 5
DECLARATION OF RICHARD A. WRIGHT
IN SUPPORT OF MOTION TO WITHDRAW
I, Richard A. Wright, Esquire, declare in support of this Motion to Withdraw as Attorney of
Record, in the matter styled United States of America v. John Edwards.
1. I am an attorney duly licensed to practice before all Courts in the State of Nevada, am
a partner in the law firm of Wright Stanish & Winckler.
2. Mr. Edwards has been a client of this firm since at least 2005.
3. The legal representation of Mr. Edwards initially provided for fees billed hourly at
hourly rates.
4. From about July, 2006 through October, 2008 there was approximately $170,000.00
in the Wright Stanish & Winckler trust account and said funds were transferred to another lawyer
at the request of Mr. Edwards.
5. In about September, 2009 I learned of the arrest of Mr. Edwards in England on the
Nevada indictment. I had discussed a flat fee with Mr. Edwards in the event of such a prosecution.
6. In September, 2009, I received a $265,000.00 payment on behalf of Mr. Edwards
from an attorney. The $265,000.00 was placed in trust and not utilized and said funds were then paid
by Wright Stanish & Winckler to CMKM Diamonds, Inc. in January, 2010 pursuant to a court order.
7. Mr. Edwards contested his extradition from London to the United States for about
5 years and was represented by retained UK counsel with whom I consulted on several occasions.
I understood that if extradited to the U.S. Mr. Edwards had adequate funds to pay for his legal
defense.
8. Mr. Edwards deteriorated significantly and suffers from dementia. I requested a
competency evaluation for Mr. Edwards and in December, 2014 the evaluation was completed with
a determination that he is competent to be tried.
9. I have not received any payment for my legal representation of Mr. Edwards for the
past five months. Mr. Edwards currently owes Wright Stanish & Winckler $18,503.30.
10. Mr. Edwards is unable to pay for his legal representation and cannot fulfill his
obligation to Wright Stanish & Winckler. I personally visited with Mr. Edwards at the Nevada
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Case 2:09-cr-00132-JAD-GWF Document 303 Filed 01/21/15 Page 2 of 5
Southern Detention Center and advised him of my intention to file this motion unless payment could
be made.
11. I have maintained a working relationship, absent strife, with Mr. Edwards throughout
the proceedings and have endeavored to protect his rights and interests despite his diminished
capacity as dictated by Rule 1.14 (Client with Diminished Capacity), Nevada Rules of Professional
Conduct. As such, the present motion is not the result of differences between Mr. Edwards and
myself, but instead the inability of Mr. Edwards to meet his financial obligations and my inability
to work without pay.
I declare under penalty of perjury of the laws of the State of Nevada that the foregoing is true
and correct.
Executed this 21st day of January, 2015.
/s/ Richard A. Wright
RICHARD A. WRIGHT, ESQUIRE
POINTS AND AUTHORITIES
I.
THIS COURT SHOULD GRANT RICHARD A. WRIGHT’S APPLICATION
TO WITHDRAW AS ATTORNEY OF RECORD FOR MR. EDWARDS
As set forth in the Declaration of Richard A. Wright, notice of Wright Stanish & Winckler
Motion to Withdraw was mailed to Mr. Edwards on January 21, 2015. Wright Stanish & Winckler
has good cause to withdraw as counsel under the Nevada Rules of Professional Condut (“NRPC”)
1.16, which provides, in pertinent part, a lawyer may withdraw from representation where:
(1) Withdrawal can be accomplished without material adverse effect on the interest of
the client;
. . .
(6) The representation will result in unreasonable financial burden on the lawyer
or has been rendered unreasonably difficult by the client; or
(7) Other good cause exists for withdrawal.
See NRPC 1.16(b).
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Case 2:09-cr-00132-JAD-GWF Document 303 Filed 01/21/15 Page 3 of 5
Here, as determined in the Wright Declaration, Wright Stanish & Winckler’s further
representation of Mr. Edwards has been made untenable by his inability to pay for Wright Stanish
& Winckler’s services and further representation of Mr. Edwards created an unreasonable financial
burden on Wright Stanish & Winckler.
The withdrawal can be accomplished without adverse effect on the interests of the client
because Wright Stanish & Winckler’s withdrawal should not delay proceedings in this matter as
there are no timelines pending in the action. Therefore, good cause exists and Wright Stanish &
Winckler’s withdrawal should be granted.
II.
CONCLUSION
It is respectfully requested that this Court enter an order approving Wright Stanish &
Winckler’s withdrawal as attorneys for Defendant Edwards.
DATED this 21st day of January, 2015.
WRIGHT STANISH & WINCKLER
BY /s/ Richard A. Wright
RICHARD A. WRIGHT, ESQUIRE
Nevada Bar No. 886
300 S. Fourth Street
Suite 701
Las Vegas, NV 89101
Attorneys for John Edwards
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Case 2:09-cr-00132-JAD-GWF Document 303 Filed 01/21/15 Page 4 of 5
CERTIFICATE OF SERVICE
The undersigned hereby certifies that service of the foregoing was served on the 21st day of
January, 2015, via the Court’s CM/ECF electronic filing system addressed to all parties on the eservice
list.
BY /s/ Debbie Caroselli
An employee of Wright Stanish& Winckler
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Note: If you went to the company website when I posted the 2010 tax return still remained posted, the first line item is the $265,000.