Ethics/Professional Responsibility,
Law Practice,
Civil Litigation
May 24, 2019
Plaintiff ex-client testifies against Edwards Wildman Palmer
A disbarred British solicitor and an expert witness testified in support of certain aspects of the solicitor's malpractice suit against Edwards Wildman Palmer LLP.
LOS ANGELES -- A superior court jury heard testimony Thursday from a disbarred British solicitor and an expert witness in support of certain aspects of the solicitor's malpractice suit against Edwards Wildman Palmer LLP.
Shahrokh Mireskandari, disbarred in Britain after the Daily Mail wrote articles about him in 2008, testified about his interactions with Edwards Wildman attorney Dominique Shelton, who is named as a defendant in the current case before Los Angeles County Superior Court Judge Terry A. Green.
The account of a series of meetings beginning in March 2012 previously detailed by his wife, also a solicitor, were also explained by Mireskandari. He said a budget approved by Shelton was sent to him that suggested a price range of $338,250 to $601,170 that would cover the invasion of privacy suit he wanted to bring against the Daily Mail.
Two months later, Mireskandari said Shelton described a new plan for the case that would involve defense of an anti-SLAPP motion, a process he claims she falsely described to him as simple and utterly necessary.
At a follow-up meeting in June 2012, Mireskandari said he received anti-SLAPP papers, a negligence waiver and a revised budget totaling $66,000 more than the top previous estimate just to deal with the anti-SLAPP aspect of the case, not the entire proceeding.
Around the time of these meetings, Shelton sent several emails an expert witness characterized as problematic.
Attorney Robert L. Kehr, of Kehr, Schiff & Crane LLP briefly finished his testimony from the previous day. He commented on a series of emails between Mireskandari and Shelton he said seemed to show her putting undue conditions on her service.
"This appears to be a statement that the firm is not going to prepare the work that needs to be prepared," Kehr testified after reading an email from Shelton that said she could not continue working for Mireskandari if he did not replenish a retainer and pay outstanding invoices for attorney fees.
"What the firm is doing is placing conditions on its performance and its duty to protect the client's interests by performing necessary work," Kehr concluded.
"Would the duties change if a client complained about a bill?" plaintiff's attorney Becky S. James of James & Associates asked.
Kehr replied the duties would not change.
Mireskandari is suing Edwards Wildman for alleged breach of fiduciary duty. Shahrokh Mireskandari v. Edwards Wildman Palmer, BC517799 (filed Aug 9, 2013, L.A. Sup. Ct.).
John M. Moscarino of Valle Makoff LLP is representing Edwards Wildman Palmer.
Carter Stoddard
carter_stoddard@dailyjournal.com
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