J. MICHAEL BURMAN, PA.' GREGORY W. COLEMAN, P.A, ROBERT D, CRITTON, JR. P.A.! BERNARD LEBEDEKER MARK T. LUTTIER, P.A. JEFFREY C, PEPIN MICHAEL J. PIKE HBATHER McNAMARA RUDA } FLORIDA BOARD CERTIFIED CIVIL TIAL LAWYER BURMAN, CRITTON, LUTTIER & COLEMAN LLP A LIMITED LIABILITY PARTNERSHIP June 11, 2009 ADELQUI J. BENAVENTE PARALBOAL/ INVESTIGATOR BARBARA M, McKENNA ASHLIE STOKEN-BARING BETTY STOKES PARALEGALS RITA H. BUDNYK OF COUNSEL Sent by E-mail and U.S. Mail Katherine W. Ezell, Esq. Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, FL 33130 Re: Epstein Matter Dear Kathy: As you know | spoke with Bob on June 5 regarding the topic that you raised in your June 8, 2009 letter. | have never been in the “attorneys’ fee” loop, and other than having seen some correspondence and/or reference to same, | do not know all of the correspondence/e-mails or verbal exchanges that may have occurred. So, | cannot comment with 10% certainty; but did generally want to respond. i kly, | was shocked that Bob Josefsberg wanted attorneys’ fees relating ill That issue was never discussed with me at anytime from late March up until | paid the settlement amount to you by hand delivery in my office sometime ago. In exchange for the check, Mr. Epstein received a full release which you gave to me. You are Ms. rs, and | would have expected some discussions to have taken place if your office was seeking additional monies over and above those paid to completely resolve the case which you never did with me or anyone in my office. | am familiar that your firm has requested over $400,000.00 in fees for representation of various individuals on the list. | also kno} 163,000 plus has been paid. In that no fees were requested on behalf of Ms. it any time to my office, | can only assume that you and your firm considered yourself Tully paid from the monies which you have thus far received. | do understand that Judge Davis was chosen to be the special master to select an attorney representative for the alleged victims, | am obviously aware that Bob was selected as that attorney rep. | am not in a position to comment on your unilaterally imposed deadline as to what was or was not agreed between or among the USAO and L*A*W* Yr" BR's 515N. FLAGLER DRIVE / SUITE 400 / WEST PALM BEACH, FLORIDA 33401 TELEPHONE (561) 842-2820 FAX (561) 844-6929 mail@bclclaw.com EFTA00212868

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June 11, 2009 Page 2 Mr. Epstein’s attorney. | am unaware that Mr. Epstein waived any rights with regard to Bob's role or the payment of fee issue. It seems absurd to me that the attomey rep (whoever that would have been) would have been allowed to prepare their entire case, or a significant portion of it, and expect Mr. Epstein to pay the bill prior to making a demand. That clearly falls well outside of the spirit or the intent of the NPA as | read it. | do know Roy Black offered each of your clients, on behalf of Mr. Epstein, $50,000. It is my understanding he got a blanket, “no takers”, to th did receive a call shortly thereafter from Bob Josefsberg who said that as willing to settle for $50,000. From ctical_ standpoint, what kind of fees would you have expected to receive ‘on 2 on w Epstein has paid to date? The same question wou! e with regard to Ms. was previously offered $50,000 and she rejected that amount. The fact that she now comes back and says, “Please make me an offer”, does not necessarily entitle her to any attorneys’ fees. With regard to your remedies’ section, | have been advised that a special master, other than Judge Davis, is the mechanism for resolving any fee disputes. So, in fact that may be the best way to handle a fee dispute, as distinct from purported entitlement to fees. | need to consider that aspect. 1 do not necessarily agree that your clients are third-party beneficlaries of the NPA and the addendum, So that you don't claim some additional waiver, let me be clear, | also do not believe your equitable estoppel theory is valid. Cordially yo Robert. Critton, Jr. RDC/clz cc: Jack Goldberger, Esq. EFTA00212869