Their key witness, who could save Albert L. Hawk & Kelley G. Hawk, Docket No. 13467-25, filed 9/21/26, north of $1.7 million in deficiency, chops and interest, refuses to testify except remotely. Al & Kelley’s trusty attorneys already tried for a remote testimony or a deposition, but Judge Albert G. (“Scholar Al”) Lauber wasn’t having it the first time, nor this time on reconsideration. Key witnesses need to be live and in person.

I spent a good deal of time in an earlier post about diligent follow-up by client and trusty attorney. True, with much less than a million USD in play, one rapidly hits a paywall, especially when there’s no payday at the end of the trail. But when one gets north of the seventh figure, a proper regard for both ends of your green silken wallet mandates a certain largesse. Like a round-trip first-class ticket, premium room, and a couple slap-up dinners. (Hi, Judge Holmes)

Here, the key witness (I’ll call him The Englishman) resides in the UK and paid Al some $4 million. Al claims this is a loan. The Englishman provided affidavits and documents at Exam in support. But now he refuses to cross the pond.

Those with a mind debased by years of practicing law might suspect The Englishman is suffering from Hamlet’s Complaint, that “sicklied o’er with the pale cast of thought” thing. Or maybe Bert Kroner’s munificent pal Mr. H (see my blogpost “Imaginary Friend?” 6/1/20.

When your case depends upon a key witness, the kind of follow-up I earlier described is just the prologue. If any doubt remains, be prepared to settle. Fast.