When Only Silence Will Do

Like most lawyers, Page Perry partner Alan Perry is not usually shy about stating his views.  We recently learned, however, that he can be shut up.  That is, when client interests demand it.

One of the more interesting cases Page Perry attorneys worked on in 2007 involved the attempted sale of a cache of documents relating to “Gone With The Wind” author Margaret Mitchell and her brother Stephens Mitchell. As reported by the Fulton County Daily Report (Feb. 19, 2008, reporter Greg Land), and the Atlanta Journal-Constitution (Feb. 25, 2008, reporter Greg Bluestein), Philip Battles, a Georgia resident, had inherited a filing cabinet from his parents that contained the documents in question. According to the reports, Battles sold the cache of documents for an undisclosed price to Glenn Horowitz of New York City and John Reznikoff of Connecticut, noted rare book dealers and collectors. In turn, these collectors approached the Atlanta Historical Society in 2006 with a view to selling the archive.

The Estate of Stephens Mitchell stepped in, however, again according to these news articles, and a lawsuit began in Fulton County Superior Court that involved the Estate (through SunTrust Bank acting as Executor), Horowitz and his company, Reznikoff and his company, and the Atlanta Historical Society.  Page Perry represented the book dealers, Jones Day the Mitchell Estate, and Alston & Bird the Historical Society.

Reporters, apparently checking court filings, uncovered evidence that the parties had reached a confidential settlement agreement on January 22, 2008.  Page Perry partner Alan Perry “did not respond to a request for comment” from Greg Land of the Daily Report before that article was published.  When asked by Associated Press reporter Greg Bluestein about the whereabouts of the archive, Perry is quoted in the AJC article as stating:  “I wish I could answer that question, but all I can tell you is the parties have reached an amicable agreement.”

Page Perry attorneys were not asked to comment for this In The News blurb about just what could so effectively silence Alan Perry and whether such reticence on his part was customary.  Mr. Perry did state, however, upon learning that his colleagues were not asked for their opinions in this regard:  “Thank goodness.”