In Session: Sidebar  « Back to Blog Main
April 30, 2009

Birkhead v ex-lawyer: the latest courtroom wrangling

Posted: 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


Share this on:
janet deveraux   April 30th, 2009 11:35 am ET

This bill is unreal! He should clearly follow thru on this case. How can she even begin to justify these costs to a judge or to a layperson even!!!

Art   April 30th, 2009 11:59 am ET

Looks like someone is getting a little greedy...

JBPDX   April 30th, 2009 12:44 pm ET

This woman gives lawyers a bad name. I distinctly remember her from her appearances on T.V. and found her to be crass, rude, overbearing, and entirely a "put-off." I remember thinking I would not have hired this woman to represent me, and apparently my thinking was right. If the allegations are correct, she is a thief and a liar, and if the allegations are proven to be true then she should be disbarred before she inflicts more harm to the fragile public's trust of lawyers and the legal system.

Chris   April 30th, 2009 12:50 pm ET

It seems to me that Birkhead is one of those people who are destined to live in and out of courtrooms because it's so easy to sue anybody and a lot easier than actually working for a living and being happy with what you have.

Grammap   April 30th, 2009 12:59 pm ET

A nobody wants to be a somebody. She figures if she gets the money, she'll be somebody. GREED. That price tag is ridiuclous! She's not even a good attorney!

cregis   April 30th, 2009 1:08 pm ET

I don't see how Opri can defend her bill. I remember the Florida hearing with that insane judge. That action should never have been brought; Florida had no jurisdiction over anything. I felt at the time that Opri and Vergie brought suit just for publicity.

Betty Phillips   April 30th, 2009 1:12 pm ET

Wow!! this woman has a bowel full of gall!!! she is more than a disgrace to all attorneys, she even makes Casey Anthony's attorney Bias look good, now I can understand the old saying of "there is no good attoney but the dead ones". Larry Birkhead is a gentleman, but, I would love to see him break all ties with "Howard", now there is one very large crook, shame on "Howard" for sponging off of his parents, Larry Birkhead needs to set "Howard" on a straight and Narrow path, it sickens me to think of all the horrible things Birkhead had to endure to just get his precious baby girl!!!! Opri and Howard should start their own practice together. Bety

terri   April 30th, 2009 1:24 pm ET

Sounds to me that Opri injected herself into this case to gain the national spotlight and leech onto the potential Birkhead gravy train. She apparently believed she could dominate Larry Birkhead, thereby building him a financial empire that she would promptly usurp. Is this woman on a power trip, or what??? I think Larry's demeanor and good looks are deceiving. He's nobody's fool and I believe if Opri pursues this she is doomed to prove herself no better and no smarter than a common criminal.

alumette   April 30th, 2009 1:34 pm ET

The connection between greed and expectations is fluff with crop in between.
That lawyer is unattractive, a bully and will grasp at any straw. She did very little for Larry B. I hope he will be able to prove that she was in fact a liability to him. He did great after he dumped her. In my opinion, she deserves nothing. I would give her a big fat zero on all levels.

Lisa   April 30th, 2009 2:01 pm ET

Birkhead will win.

Jeff   April 30th, 2009 2:36 pm ET

This is a very fine example of how Attorney's can get away with unprecedented fee's. This is pure malice and an attempt to profit off of a clients grief and in the event of any forthcoming inheritance. But, hey what do I know, I can't write any laws to protect myself such as Political Lawyers do. Maybe once the people of America can come to realize were led by a Government that's full of Lawyers, then and only then it would be time to think twice about who you vote into Office.

JUSTICENYC   April 30th, 2009 2:43 pm ET

clients are supposed to pay some disbursements such as parking, telephone calls, mailings, etc. but your dinners and husbands laundry? I seriously doubt any of that is reflected in the retainer agreement he signed to have her initially represent him. I am certain she will have to return a bulk of that money with statutory interest and probably all this bad pubicity will prevent other people from retaining her in the future. Terrible misuse of attorney privileges.

michelle   April 30th, 2009 2:52 pm ET

Deb Opri is a greedy pig! Geez!

GiGi   April 30th, 2009 3:18 pm ET

Poor Larry. He's been through so much and now this. This lawyer should be disbarred. She has shamed herself for displaying such greediness. I hope they make her give that money back and then some.

maggie   April 30th, 2009 3:21 pm ET

This whole ordeal about Nicole and the rest of them is far from over. Larry should have looked for an average lawyer, instead of a celebrity lawyer. Most average lawyers can do the same job, have billable hours and get the same results done. He also liked the spotlight, and he does not work. What is he living on? Nicole's money or what's left of it. He needs to get a job, and stay out of the public spotlight also. The child's life is runied, just like OJ's.

Gus   April 30th, 2009 3:44 pm ET

Apparently she must not have any clients due to people having a clue and now she needs to get money this way. I hope she doesnt get a dime. She is ridiculous and gives good lawyers a bad name.

Ketielynn   April 30th, 2009 3:46 pm ET

I also believe she in injected herself in the case because she thought Larry would be an easy mark. I remember her well in court and interviews; she was rude and egotistical. Her attitude sucked and probably still does. She thought she was smarter than everyone else. I remember her billing something like hundreds of dollars for a steak dinner for her and her husband and it seems she even billed Larry for her husbands dry cleaning, etc. I hope he gets the last laugh. She should be sited/suspended-whatever you call it when the BAR discipline Attys.

Annette   April 30th, 2009 4:14 pm ET

Talk is cheap until you hire an attorney!

mfyffe   April 30th, 2009 4:41 pm ET

I just wanted to clairfy that Larry does work, he is a photographer and has never not been working.

jake   April 30th, 2009 6:58 pm ET

Birkhead should kiss the ground Opri walks on. She got him his child and should forever be grateful. It is apparent Opri worked hard on this matter and should be compensated for her hard work. I wonder if the roles were reversed would Birkhead walkaway from his fees?

Ex-CPA   April 30th, 2009 7:12 pm ET

If NBC did pay that amount into the attorney's account, Birkhead owes income taxes on the amount of the deposit. Receipt by the attorney is considered receipt by him.

The IRS should jump on this.

Massachusetts Cares   May 1st, 2009 11:50 am ET

Give Larry the money it is his to raise his daughter, there is no way she will winn this case!!!!!! Everyone loves Larry !!!!

Spider   May 1st, 2009 4:29 pm ET

Come on Jake.

She worked hard? Chatting on the phone for 15 minutes every day, with who knows who. Flying to the Bahamas, uninvited. Gorging herself on big meals. Hiring someone to wash her husband's shorts.

I could have got him his child. Just get the DNA testing done, and presto, another one in the win column for Spider!!! And, all I would have charged was a beer and a handshake.

She's a blood sucking leech. But, then again, aren't all lawyers?Birkhead will win and she will get a fraction of what she billed for.

lotusjani   May 1st, 2009 5:11 pm ET

This woman attorney is something else! Like one of the writers above said, she was loud, very rude, no manners, no professionalism, just a greedy B that wanted to participate in a very publicized case for fame and rob money from the guy. She should not get one penny! Her husband's laundry? Come on! How crooked can you get!

Noodlemonkey   May 1st, 2009 8:40 pm ET

It seems like every. single. person. involved with this case is shady. Larry, Howard, the mother, the father, the sister, the friends, and now the lawyer. It's sort of sad and pathetic...

David Bradley   May 1st, 2009 10:34 pm ET

She sure gives Attorneys a bad rap and should be disbared

AME   May 2nd, 2009 12:14 am ET

I worked with attorney's and the bill is so jacked up, not only would I sue to get my money back, I hope he reported her to the State Bar so that they can hear the case too. I truly believe that she just used him now it's back firing. Also, whats this she is charging him for her husbands laundry....

LauraJ   May 2nd, 2009 8:26 am ET

Unbelievable,greedy indivdual- I have seen Opri on several talk shows/news shows very aggressive & obviously greedy individual.We do not all love Larry,however we know he is raising & loving his daughter well–I wonder what Anna would think of all this ??? It will drag on for years

Tammie   May 2nd, 2009 8:36 am ET

She thought this was going to do for her what OJ's dream team did for them. She just wanted to be a part of this case to make herself a household name.

Anne of Port Charlotte, Fl   May 2nd, 2009 10:57 am ET

No Cares, not everyone loves Larry. I don't. I thought he was an opportunist, and obviously Anna Nichole thought there was lots else wrong with him; enough to dump him and run like the devil was after her. She did not want him to have anything to do with her little girl. Remember that, folks? She was even willing to lie and claim HKS was the child's father.

And no, HKS is not the all bad person he is portrayed to be. He loved ANS, so much so that he would do anything she wanted just to be in her presence. She kept him on a short leash, and she kept him broke. She barely paid him enough to live on. Heaven's! He even had to ask her for a new pair of shoes. I wish he had never gave over to her whims and provided her drugs as she demanded, but having said that, otherwise my heart goes out to HKS, and his family.

And NO! Larry should NOT remove HKS from that child's life! He loved her, and he loved her mother. He was willing to raise that baby for the rest of her life and for Anna, he fought to do so. He deserves every consideration in that child's life.

As for Debra Opri, she ought to be disbarred. Entitled to her fake legal billings? In a pig's eye! She filed many erroneous filings, traipsed all over the globe when Larry asked her NOT too. She's a curse of a lawyer, a bully and a con. She should be paid $1.00 for her legal services. That's all she was worth. Not even that, really.

Tom   May 3rd, 2009 10:56 am ET

I think that Larry Birkhead is a jerk who uses the fact that he fathered a famous baby to keep himself in the limelight but that bill against him is pretty ridiculous. Who charges someone to go to a funeral?! Thats pretty sick. And its even worse hearing that Birkhead apparently didn't even want her to go.

JakeandChris   May 3rd, 2009 4:52 pm ET

Jake and Chris are Opri's mom. Look at the comments! Hilarious. It's a 'face' only a mother could love. Opri's "hard work". Yeah, $475 an hour for phone calls is hard work all right. Maybe if she were digging ditches or something I could see her calling it hard work. She is a disgrace as a human and an opportunist. Why did she bill her husbands dry cleaning again? Why did she need to bill lavish dinners? Oh yeah, she earned it right. I'm a nurse. NEVER once did I bill a patient for a new uniform if I could not get blood or poop out of my uniform. I tossed it out and used my OWN $ to buy another uniform if it was beyond the point of return. I worked over time, breaking my back, for LITTLE compensation and went to funerals for FREE. Get a clue. You are not of the human kind Opri. You're an animal.

sue   May 3rd, 2009 10:57 pm ET

The lawyer is definitely greedy and I'm sure that a judge will see that without a doubt. Larry will prevail. I'm sure he will have to pay some of the cost, but not anything near the $600,000 plus that she's asking for. Also, some have commented on him not having a job or having to find a job, the last I knew he was still working as a photographer.. no matter how lucrative or not he's working and the single dad deserves credit for that. Also Dannielynn shouldn't be compared to being ruined like O.J. . She doesn't remember anything about the circumstances surrounding life before Larry, and I'm sure that when the time comes to explain things to her he'll know just what to say. He fought hard for that little girl and with the lack of tabloid influence she'll probably be the most well adjusted celebrity child out there. Give the man credit where credit is deserved.

Chante' Vaughan   May 4th, 2009 7:57 am ET

Good for Birkhead. I remember when this first started ( the custody fight) she approached him and told the media when asked how was he paying for it, that she would represent him pro bono. What happened that made her change her mind?

Kathryn   May 4th, 2009 3:26 pm ET

Larry, win this case and then set the $$$$ aside for the little one. I have seen how happy she is and maybe with that $$$ she can have a stable life. Give her an allowance that is right for a child/teenager/yound woman - so she doesn't learn to scam others like this Attorney, or become a Paris or Lindsey.

Good luck !!!

dustin   May 4th, 2009 6:20 pm ET

Sounds like what it costs me everytime I go to the lawyer.. No but all kidding aside this is normal practice for lawyers the owe you money so they make the bill amount total up to the amount owed to you. I have had this happen to me once with a lawyer I over paid $10,000.00 after he added more expense and etc. etc. I ended up getting about 5000.00 back ( remember I paid an extra 10,000.00 on top of what I owed him realisticly but they find ways to screw you) Everyone hates lawyers until they need one themselfes.

tom   May 6th, 2009 10:23 am ET

I do believe that the attorney profession may be at the bottom of the list of those due respect for their honesty and intregrity. Darn, I wanted to put both houses of congress there. Maybe they can share last place, and if there is prize money for attaining that goal, they can share the rewards!!

Spider   May 7th, 2009 10:30 am ET

I agree with your "bottom of the list". One problem though. Expecting lawyers and congressmen to share in any rewards.

mm   May 21st, 2009 7:37 am ET

Larry Birkhead was a failed actor whom wanted fame and money through Anna Nicole. He wanted big money from day one, he had a agenda. He knew Anna was a drug addict and impregnated her on purpose! Opri and Birkhead are greedy scoundrels. Birkhead sells pictures of Anna's daughter to tabloids, he doesn't have any job for years.

Leave Your Comment


 

Comments are moderated by CNN, in accordance with the CNN Comment Policy, and may not appear on this blog until they have been reviewed and deemed appropriate for posting. Also, due to the volume of comments we receive, not all comments will be posted.


subscribe RSS Icon
About this blog

Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

Contact us
  • Questions or comments? E-mail
In Session Team
Jean Casarez
Correspondent
Jean Casarez
Beth Karas
Correspondent
Beth Karas
Mike Brooks
Law Enforcement Analyst
Mike Brooks
Midwin Charles
Legal Contributor
Midwin Charles
Sunny Hostin
Legal Contributor
Sunny Hostin
Powered by WordPress.com VIP