Jury hears final arguments in Edwards Wildman Palmer malpractice trial

LOS ANGELES -- Instructing a jury to decide whether international law firm Edwards Wildman Palmer LLP breached its fiduciary duty when it represented a disbarred British solicitor in his suit against a tabloid, the superior court judge asked the panel Wednesday to also consider whether the litigious plaintiff had "unclean hands."

Judge Terry A. Green further instructed the jury that it couldn't allow a misdemeanor previously admitted to by plaintiff Shahrokh Mireskandari to decide the case.

Defense counsel reiterated to the jury testimony about Mireskandari's previous lawsuits against his lawyers, confusing finances and character.

Mireskandari retained Edwards Wildman for an invasion of privacy suit against the Daily Mail tabloid newspaper over 2008 articles, saying he misrepresented his legal qualifications and hid criminal convictions, which led to his disbarment in Britain.

He accused the law firm, and named defendant Dominique Shelton, of misrepresenting their expertise and overcharging him. Shahrokh Mireskandari v. Edwards Wildman Palmer, BC517799 (Filed Aug 9. 2013, L.A. Sup. Ct.).

Becky S. James of James & Associates restated her client's case Wednesday, describing him as a habitual foe to power structures and injustice in his home country, such as London Police and the authority that disbarred him.

James reviewed Shelton's testimony that she chose not to advise Mireskandari about the near certainty of the newspaper filing an anti-SLAPP motion, which led to her raising the estimated costs of the case by tens of thousands of dollars once it happened.

"It was an insubstantial risk in my judgment, having worked in the area for 20 years, having worked on privacy really for decades. That was my professional judgment that his risk was minimal." Shelton testified during the four-week trial.

James told the jury Edwards Wildman beached its contract with Mireskandari when Shelton emailed him, "I will not be able to authorize further work on your matter until the outstanding invoices are paid and the retainer is replenished." She later sent an email to her team saying, "pencils down," meaning they should stop work on his case, but she testified they continued to work on his case though he stopped paying fees.

Defense attorney John M. Moscarino of Valle Makoff LLP argued the plaintiff had not satisfied the burden of proof regarding breach of fiduciary duty and read from the jury instructions: "To establish the defense of unclean hands, Edwards Wildman and Ms. Shelton must prove by a preponderance of the evidence that Mr. Mireskandari's conduct was wrongful, inequitable or unconscionable and resulted in prejudice to the defendants."

Moscarino said prior actions taken by Mireskandari against the Carter-Ruck law firm in London shared the same facts of this case in that it involved fee disputes and attempts to get work for free.

"Does it sound familiar? It's exactly the same," Moscarino said. "That's the Mireskandari play book and that's unclean hands."

Citing the jury instructions, Moscarino also said in order to levy damages against the firm, the jurors would have to find Edwards Wildman knowingly acted against Mireskandari's interest, Mireskandari was harmed, and the firm's conduct was a substantial factor in causing him harm.

Moscarino also brought Mireskandari's credibility into question, namely his claims of having suffered severe cardiac issues during the course of his legal woes, which he claimed was contradicted by statements taken from a dental malpractice suit Mireskandari brought in which he claimed to not have ever suffered cardiac issues.

"Does the man have a pattern of saying whatever is convenient for his present purposes?" Moscarino asked the jury.

Regarding Shelton, Moscarino said the plaintiff's counsel "wanted to portray her as the dragon lady," and that her testimony set the matter straight on her character.