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April 30, 2009 Birkhead v ex-lawyer: the latest courtroom wranglingPosted: 10:52 AM ET
NEW YORK–Larry Birkhead recently received a minor victory in his lawsuit against his former attorney, Debra Opri. Birkhead hired Opri in 2006 to represent him in a paternity suit against Anna Nicole Smith. After Smith’s death, DNA tests proved that Birkhead is the biological father of their daughter, Dannielynn, born in the Bahamas in September 2006. Opri represented Birkhead from late September 2006 until mid-March 2007.
Anna Nicole Smith's former boyfriend Larry Birkhead with former attorney Deborah Opri In a complaint filed in June 2007 against Opri, Birkhead alleges, among other things, that Opri induced him to hire her upon false promises and representations that she had handled hundreds of family law cases. He also alleges that she “placed her own career desires and needs…over the needs, interests and desires of her own client.” Opri has filed a cross-complaint against Birkhead, alleging defamation. During the five and a half months she represented him, Opri negotiated a contract with a NBC Universal to compensate Birkhead over $1 million in exchange for his participation in some Bravo network specials. According to Birkhead’s complaint, at least $865,000 was paid initially by NBC and deposited, without his permission, into Opri’s attorney-client trust account. When Birkhead demanded the money, Opri paid him $200,000 and retained at least $665,000. Birkhead is suing Opri for release of the $665,000, which he says she was never entitled to possess or retain. Soon after Opri refused Birkhead’s demand to release the $665,000, he says he fired her. This was mid-March 2007, fewer than two weeks after Smith’s Bahamian funeral. Opri promptly sent Birkhead a 40-page bill for legal services, with 82 pages of supporting documents, totaling a fee of $620,492.84. It’s easy to see how Birkhead could believe she was trying to come up with expenses and services that would total close to the $665,000 she was holding in the trust account. The services he was asked to pay for included more than $130,000 for time spent on her cell phone, but little information was revealed about those calls. The bill Birkhead received included a monthly total number of calls at 15 minutes per call. This means Birkhead was asked to pay $475 for every four calls, since Opri’s hourly rate was $475. The bill gave no other identifying information such as the names of the persons to whom she spoke. Other costly services on the hefty bill included time spent at Smith’s funeral on March 2, 2007, despite Birkhead’s explicit request that she not attend. Opri billed Birkhead for 10 hours of service on each of March 1 (travel from LA to the Bahamas), March 2 (attending the funeral), and March 3 (returning to LA). The invoice also reportedly included lavish dinners, car services and her husband’s laundry bill. Opri sought to arbitrate this dispute, thereby keeping it out of the courts and, more importantly, out of the public domain. That’s the battle she recently lost. Earlier this month, a California appellate court upheld a lower court ruling stating that a September 30, 2006 agreement between her and Birkhead has no arbitration clause. Meanwhile, the judge protected the cash in dispute by issuing a restraining order that the money in Opri’s attorney-client trust fund cannot be disposed of. The case is currently pending in Superior Court in downtown Los Angeles and will proceed to discovery in the months to come, including Opri’s sworn deposition and, perhaps, to trial. Beth Karas, In Session correspondent Filed under: Case Updates |
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