IN THE CIRCUIT COURT OF THE COUNTY OF ST.

LOUIS
STATE OF MISSOURI

In the Matter of

)
)
The Estate of Merle L. Silverstein,
)
Marcelyn Silverstein, Personal
)
Representative,
)
)
Plaintiff,
)
)
v.
)
)
Rosenblum, Goldenhersh, Silverstein &
)
Zafft, P.C. a/k/a Rosenblum Goldenhersh, P.C, )
)
Defendant.
)
)
)
Serve: Carl C. Lang, Esq.
)
Rosenblum, Goldenhersh, Silverstein )
& Zafft, P.C.
)
th
7733 Forsyth Blvd., 4 Floor
)
Clayton, MO 63105
)

Cause Number:
Division Number:

PETITION EQUITY DECLARATORY JUDGMENT

COMES NOW The Estate of Merle L. Silverstein, by and through Marcelyn

Silverstein, Personal Representative, and by and through her counsel, and for her
Petition for Declaratory Judgment states to the Court as follows:
1.

Merle L. Silverstein died on October 2, 2014.

2.

On or about November 4, 2014, Marcelyn Silverstein was appointed

Personal Representative of the Estate of Merle L. Silverstein in Cause No. 14SLPR03217.

Electronically Filed - St Louis County - December 02, 2014 - 09:23 AM

14SL-CC04076

Merle L. Silverstein was a founding member of Rosenblum, Goldenhersh,

Silverstein & Zafft, a Partnership, later to become Rosenblum, Goldenhersh, Silverstein

& Zafft, P.C.
4.

From the inception of Rosenblum, Goldenhersh, Silverstein & Zafft

through July 2011, Merle L. Silverstein was an equity owner in Rosenblum,

Goldenhersh, Silverstein & Zafft, later to be known as Rosenblum, Goldenhersh,
Silverstein & Zafft, P.C.
5.

From the inception of Rosenblum, Goldenhersh, Silverstein & Zafft

through the date of Merle L. Silversteins death, Merle L. Silverstein was a loyal, faithful
Partner, Shareholder and employee in and of Rosenblum, Goldenhersh, Silverstein &
Zafft and was a substantial factor in the success of Rosenblum, Goldenhersh,
Silverstein & Zafft.
6.

In July 2011, Merle L. Silversteins status with Rosenblum, Goldenhersh,

Silverstein & Zafft, P.C. changed in that Merle L. Silverstein no longer was a
Shareholder in said law firm, but, instead, an employee of said law firm pursuant to an
Employment Agreement set forth below.
7.

In July 2011, Merle L. Silverstein and Rosenblum, Goldenhersh,

Silverstein & Zafft, P.C. reached an agreement as to Merle L. Silversteins continued

employment with Rosenblum, Goldenhersh, Silverstein & Zafft, P.C., specifically: in
consideration for legal services provided to clients of Merle L. Silverstein and legal
services provided to clients Rosenblum, Goldenhersh, Silverstein & Zafft, P.C., Merle L.
Silverstein would receive 100% of all Trustee fees collected for his work as a Trustee,
and 50% of all other work performed by Merle L. Silverstein on or after July 1, 2011

Electronically Filed - St Louis County - December 02, 2014 - 09:23 AM

3.

Declaratory Judgment is the memorialization of the Agreement.

8.

Pursuant to the Agreement, from and after July 1, 2011, up through the

date of Merle L. Silversteins death, both parties abided by the Agreement, and Merle L.
Silverstein was paid pursuant to said Agreement.
9.

As of the date of Merle L. Silversteins death, there remains accounts

receivable of Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. for legal services
provided by Merle L. Silverstein to clients of Merle L. Silverstein and Rosenblum,
Goldenhersh, Silverstein & Zafft, P.C. from the period of July 1, 2011 to his death, for
which Merle L. Silverstein is entitled to 50% of the proceeds of each dollar collected by
Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. for said legal services, and 100% of
the proceeds of each dollar collected by Rosenblum, Goldenhersh, Silverstein & Zafft,
P.C. for Trustees fees due and owing to Merle L. Silverstein.
10.

Notwithstanding the Agreement, Rosenblum, Goldenhersh, Silverstein &

Zafft, P.C. has arbitrarily, wrongfully, and in a mean-spirited fashion decided not to
honor the Agreement on the alleged basis that the Agreement does not survive the
death of Merle L. Silverstein (Position).
11.

The Position of Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. has no

basis in fact or in law.

12.

Pursuant to Chapter 527 of the Missouri Revised Statutes, this Court is

vested with the power to determine questions regarding the validity, construction and
interpretation of agreements, and is further vested with the power to declare the rights,
liabilities and obligations or other legal remedies among the parties to such agreements.

Electronically Filed - St Louis County - December 02, 2014 - 09:23 AM

(Agreement). Exhibit A, attached hereto and made a part of this Petition for

A real, immediate, and justiciable controversy exists between the Estate of

Merle L. Silverstein and Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. with respect
to whether: (1) the Agreement remains viable and enforceable after the death of Merle
L. Silverstein; and (2) pursuant to the Agreement, Rosenblum, Goldenhersh, Silverstein
& Zafft, P.C. is required to pay the Estate of Merle L. Silverstein pursuant to the
Agreement.
14.

Accordingly, because the Estate of Merle L. Silverstein has no adequate

remedy at law, in order to resolve the immediate controversy as set forth above, it is
necessary for this Court to declare that: (1) the Agreement survives the death of Merle
L. Silverstein; and (2) Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. is required to
pay the Estate of Merle L. Silverstein pursuant to the Agreement.
15.

Further, any monies which come into the possession of Rosenblum,

Goldenhersh, Silverstein & Zafft, P.C. which is the result of legal work performed by
Merle L. Silverstein from July 1, 2011 through the date of his death, should be
distributed to the Estate of Merle L. Silverstein pursuant to the Agreement.
16.

Mo.Rev.Stat. 527.100 permits the trial court to make such award of

costs as may deem equitable and just.

17.

Special circumstances exist such that the Estate of Merle L. Silverstein

should be awarded all reasonable attorneys fees incurred herein.

WHEREFORE, the Estate of Merle L. Silverstein prays for Judgment against
Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. declaring as follows:
(1) The Agreement survives the death of Merle L. Silverstein;

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13.

pursuant to the Agreement;

(3) That any monies which become the property of Rosenblum, Goldenhersh,
Silverstein & Zafft, P.C. for any work performed by Merle L. Silverstein from
July 1, 2011 through the date of Merle L. Silversteins death be paid to the
Estate of Merle L. Silverstein pursuant to the Agreement;
(4) Special circumstances exist such that the Estate of Merle L. Silverstein be
awarded its costs including, but not limited to, attorneys fees incurred herein;
and
(5) For such other and further relief as is this Court deems just and proper in the
circumstances.

CAPES, SOKOL, GOODMAN &

SARACHAN, P.C.

By:

/s/ Gary R. Sarachan

Gary R. Sarachan, MBE 25683
7701 Forsyth Blvd., 12th Floor
St. Louis, Missouri 63105-1818
(314) 505-5440
(314) 505-5441 (fax)
sarachan@capessokol.com
Attorneys for Plaintiff

CERTIFICATE OF SIGNED ORIGINAL

The undersigned hereby certifies that the attorney filing the foregoing document
signed the original of the same. Said original will be maintained, as required by the
Missouri Rules of Civil Procedure.

/s/ Gary R. Sarachan

Electronically Filed - St Louis County - December 02, 2014 - 09:23 AM

(2) Rosenblum, Goldenhersh, Silverstein & Zafft, P.C. are obligated to perform