In September 1990 Warren Radler took a sabbatical from his firm.  He spent the next 16 months teaching at a law school in California.

He returned to Rivkin Radler & Kremer in January 1992 and expressed an interest in getting involved in the Grove Fresh cases.  The following month I brought him up to date on the litigation and mapped out a program for getting the cases ready for trial.  On February 24, he sent me a letter in which he reiterated his interest in the case and concluded as follows:

Finally, since I intend to devote a substantial amount of time to this matter, I would hope you would recognize my role as lead trial counsel with the understanding, of course, that we will consult you and call upon you for all necessary and appropriate assistance.  I respectfully suggest that we wipe the slate clean and move forward on this basis since I believe we can achieve a good result for our client.

I replied the next day:

I agree that Grove Fresh will be well served if we wipe the slate clean and move forward together. 

While I have asked your firm to take primary responsibility for completing discovery and preparing the pretrial orders, I have invested more than two years of my professional life in these cases, and I intend to remain active in them.  I also intend to participate in the trial of any of the cases that do not settle.  I agree that at trial, it will be essential to designate a lead trial counsel, and that you should fill that role.  I do not see the need for designating a lead trial lawyer for pretrial proceedings, however.