Judge asks lawyers to control plaintiff’s outbursts in law firm trial

LOS ANGELES — A judge asked the plaintiff’s attorneys to please control their client’s outbursts Monday in a case seeking to determine whether international law firm Edwards Wildman Palmer LLP breached its fiduciary duty when it represented the disbarred British solicitor in an invasion of privacy suit against a tabloid newspaper.

Plaintiff Shahrokh Mireskandari continually expressed opinions and refused to answer questions in a yes-or-no fashion during cross-examination about his health around the time of the breakdown of his relationship with Edwards Wildman Palmer LLP and other firms he had retained.

The day’s testimony, in a case that has reached its fourth week, was again punctuated with contentious back and forth between defense attorney John M. Moscarino of Valle Makoff LLP and Mireskandari. Shahrokh Mireskandari v. Edwards Wildman Palmer , BC517799 (filed Aug 9, 2013, L.A. Sup. Ct.)

After one particularly long monologue from Mireskandari in which he described the reasoning behind his medical issues, Superior Court Judge Terry A. Green, clearly exasperated, said, “How many times do we have to do this? If your counsel thinks it’s important they will bring it up.”

After the plaintiff ignored Green’s instructions to stick to simple answers, the judge addressed Mireskandari’s attorneys: “His continued editorializing is a tactically poor move. He is not scoring points with this jury at those periods of time when he is deliberately flaunting my directions.”

In his cross-examination, Moscarino appeared to be trying to characterize the actions of Mireskandari as disingenuous, comparing earlier claims of ill health to a later claim involving a dental medical malpractice suit where he said he was in good health and had no preexisting conditions.

“You’ll recall you testified numerous times about your ill health,” said Moscarino as he cross-examined Mireskandari about heart issues and hospital stays around the time of 2008-2009.

The former solicitor said before the events surrounding 2008, he maintained a vegetarian diet and felt good about his physical health, which deteriorated after he was disbarred when the Daily Mail published a series of 2008 stories alleging he had faked legal qualifications and hidden criminal convictions while representing celebrity clients.

He subsequently sued Edwards Wildman Palmer, alleging the firm overcharged him and misrepresented its expertise when representing him in a libel suit that eventually shifted into an invasion of privacy case he had against the British newspaper.

Plaintiff’s attorney Becky S. James of James & Associates objected to informing the jury that Mireskandari had pushed a dental malpractice case against a medical provider.

“I don’t like the fact that this is another lawsuit,” said Green.

Green said the fact that it was a medical malpractice case did not need to be illustrated but the facts surrounding it would be permissible because it could seemingly serve as evidence that testimony Mireskandari had previously given was false.

Moscarino then pursued a previous line of inquiry in which he attempted to indict Mireskandari for not paying other law firms he had retained. The exchange quickly devolved into personal attacks surrounding the efficacy of Mireskandari using the courts to get his legal fees reduced.

The exchange concluded with Moscarino roaring, “Isn’t it true that they were just complaining that you were a pain in the ass?”

“Not as big a pain as you,” Mireskandari retorted.