Friday, Apr. 07, 1967

Bitter Candy

No question that Lawyer Percy Fore man was "in" once the jury was chosen for the murder trial of Candy Mossler and her nephew, Melvin Powers, 25.

The only question was, how much were Candy and Melvin out? Last week they sued Foreman, demanding the return of assorted jewels and property that he took over as security for his $200,000 fee. Said Foreman: "I've known Mrs. Mossler for 16 years, and nothing she does would ever surprise me."

More surprising is the fact that no client has ever before sued Foreman. A rich Texan charged with homicide once said that he could not decide whether to hire Foreman and spend the rest of his life in the poorhouse or gamble on a moderate sentence and keep his estate. If his clients lack cash, Foreman accepts anything else of value--boats, cattle, fiddles, limousines, washing machines. In and around Houston, he now owns 40 houses, an office building and several hundred acres of land.

Though he denies holding his clients in hock, Foreman always demands collateral against his later fee. "If you don't do that," he says, "you can't control the client. If they haven't paid for advice, they won't take it." Foreman has also boasted that his fee methods top mere law in chastising any of his clients who may be guilty. As he puts it: "I can punish them through the pocketbook, where it really hurts."

In the suit, Candy claims that she put up $46,200 in jewelry that is now worth $84,000; she wants it back. Nephew

Melvin says that he entrusted Foreman with collateral of several acres near Houston worth $2 per sq. ft., and that Foreman then sold 4.6 acres at only 35-c- per sq. ft., an alleged loss to Melvin of $62,408. Because he has already paid the lawyer $133,000 in cash, says Melvin, the property "loss" means that he now owes Foreman only $4,592. And he wants the remaining property back.

Taking the offensive, Foreman claimed that a jury trial might wind up raising his fee. "Depending on what newspaper you read, Mrs. Mossler inherited $9,000,000 or $33 million by the death of Jacques Mossler," he beamed. "She would not have inherited one penny of this had she not been acquitted." In Texas, a lawyer can work for a 50% contingency fee. "Therefore," said Foreman, "I would be willing to accept any modest fee, handed down by a jury, of between $4,000,000 and $16.5 million for my services." Added Foreman: "It is quite possible that one of the byproducts of such a trial will be to satisfy the curiosity of the public as to who killed Jacques Mossler."

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