In combative cross-examination, witness acknowledges suing multiple law firms over fee estimates

LOS ANGELES -- After a combative cross-examination Wednesday, the defense attorney for Edward Wildman Palmer LLP extracted testimony before a jury considering a malpractice suit that the plaintiff had sued many law firms, often over his demands for fee paybacks.

The snapping retorts between John M. Moscarino of Valle Makoff LLP and disbarred British solicitor Shahrokh Mireskandari eventually brought an intervention from Los Angeles County Superior Court Judge Terry A. Green, who urged them to stick to the proscribed question and answer format.

Moscarino, clearly frustrated over linguistic quibbles with Mireskandari toward the end of his testimony, attempted to make the case that the plaintiff had a track record of retaining law firms such as Carter-Ruck in Britain and several American firms including his own client, securing a quote for their services and then suing them when these estimates were overshot or not delivered upon satisfactorily.

Moscarino pointed out that Mireskandari previously sued Greenberg Glusker Fields Claman & Machtinger LLP, to which he responded, "Correct, and they reduced their bill by $270,000, so I was right."

Mireskandari agreed he had sued many firms that represented him in the past, referring to them collectively as, "All of those monkey tea party members," and testifying that in at least two of these suits he had gotten his fees reduced by hundreds of thousands of dollars. "All of them absolutely raped me and went down the wrong path," he concluded.

Mireskandari retained Edwards Palmer to sue the British tabloid Daily Mail over articles it published about him that led to his disbarment. The relationship deteriorated as Mireskandari said the firm misled him about its expertise, did not anticipate that the newspaper would respond with an anti-SLAPP motion, and then raised his estimated fees by $60,000 just to deal with that. He had testified Tuesday that when he questioned a bill of 23 hours to file a single complaint he was referred to the firm's general counsel who suggested he seek new representation. Shahrokh Mireskandari v. Edwards Wildman Palmer BC517799 (filed Aug 9, 2013, L.A. Sup. Ct.)

When cross-examination of Mireskandari began Wednesday, Moscarino pressed the plaintiff to admit he had "hounded" Edwards Wildman by repeatedly calling and emailing its representatives in an attempt to get clarity on the status of his case.

"You think its normal behavior to abandon your client?" Mireskandari replied in an incredulous tone. The former solicitor then noted that the firm had not billed any work in the two weeks leading up to him repeatedly reaching out to them.

"They were not billing somebody who hadn't paid his bills," Moscarino snapped.

"They were not due," Mireskandari spat back, urging the defense attorney to contradict him. He further criticized Moscarino for attempting to paint the actions of Edwards Wildman as noble rather than predatory.

"You sir are lily white yourself, correct?" Moscarino retorted.

After the largely unproductive back and forth of the morning's testimony, Moscarino focused on the interplay between Mireskandari and various other firms that had represented him before and after Edwards Wildman.

The defense attorney then questioned what fees Mireskandari had paid to various firms, and who was facilitating these payments, saying, "You've never produced any shred of paper that documents a payment to any law firm."

Mireskandari responded, "I have not personally paid any of the checks but I am liable for the fees, as is my wife," adding, "The invoices make it very clear that they were paid, Mr. Moscarino."

Mireskandari testified that his wife handled all payments through the law firm she owned, Baxendale-Walker LLP.

Paul Baxendale-Walker, who goes under the pseudonym Paul Chaplin, is a talk-show host and legal author in Britain. "The guy Baxendale-Walker is not the one that owns it?" Moscarino asked, adding, "Does Baxendale-Walker loan money to your wife?"

Mireskandari said he didn't know but expressed he and his wife would ultimately be liable for his legal fees.

Before the jury was called in Green said Moscarino of Valle could ask the plaintiff whether he had been convicted on a telemarketing fraud charge.

The judge ruled after hearing arguments from plaintiff's attorney Becky S. James of James & Associates, that allowing questions about Mireskandari's conviction would be prejudicial since it was not at issue in the current case over whether the firm breached its fiduciary duty to him.