A Pro Bono to Pick

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Larry Birkhead won a paternity suit that pitted him against the lawyer of former girlfriend Anna Nicole Smith, but now he finds himself in a battle with the lawyer who represented him during much of that contest.


The lawyer, Debra Opri, who stopped working for Birkhead in March, handed him a legal bill for more than $600,000. Birkhead claims she had agreed to take his case for free because representing him in the high-profile matter would be a boon to her practice.


Opri, through her publicist, denied the allegation. The truth will likely be determined during a trial or arbitration hearing, but the claim opens a window into a practice in which celebrities or in Birkhead’s case, even quasi-celebrities receive free or discounted legal services.


In a city where a cottage industry of marketers and gift bag makers has developed solely around giving celebrities free stuff, lawyers said it should come as no surprise that they, much like restaurateurs and clothing designers, realize the informal celebrity endorsement can have a huge and positive impact on their businesses.


“It doesn’t matter if you win or lose the case,” said one attorney who asked not to be named. She has represented many celebrities, including hip-hop musicians and those among the young Hollywood crowd. “Just being seen on television is a benefit. It is a powerful medium,” she added.


Several Los Angeles-area attorneys said it was difficult to estimate how often lawyers work for free or at a discount because of the private nature of fee agreements.


And some celebrity attorneys found the practice odd, given that many stars are quite wealthy.


“Celebrities make money and they should be able to afford a good lawyer,” said Santa Monica-based Steven Levine who, along with Richard Hutton, represented Paris Hilton on charges she violated the terms of her probation.


Levine said he is being paid his normal rate for his services on the case.


But other attorneys admitted to working for free or for a discount on high-profile matters. And others said they have been pressured when representing celebrity clients to reduce their rates based on the premise that the representation would lead to more business.



Pro bono outrage

Over the course of her 30-year legal career, Los Angeles-based attorney Gloria Allred has represented many high-profile individuals, and in some instances she has taken on those matters for free.


One such situation was Allred’s representation of Amber Frey, the mistress of now convicted murderer Scott Peterson, who was called to testify during the 2004 trial where he was charged with murdering his pregnant wife.


Allred denied representing Frey for marketing reasons. She said Frey was a “victim” and wouldn’t exploit her or anyone else.


The attorney said that in many instances she represented victims called as witnesses for free because, “it has value to me as a human being to know that I helped someone do what is right by testifying in a criminal case.”


But Allred admitted there are benefits to publicity that came from representing Frey and handling other high profile cases.


“Of course, clients come to the firm because they see me on television,” Allred said during an interview on her mobile phone as she drove to CNN’s Hollywood studios for an appearance on “The Larry King Show.”


Attorney Steven Gruel has not become a staple of the cable news circuit, but the San Francisco-based attorney, who also practices in Los Angeles, has seen his one-man legal shop benefit from his involvement in a high profile Hollywood case that he has taken on for free.


Gruel and Los Angeles based attorney Michael Artan are representing one-time celebrity sleuth Anthony Pellicano in a more-than-100-count racketeering and wiretapping case in Los Angeles federal court. The case, postponed several times, is scheduled to go to trial next year.


Federal prosecutors allege that Pellicano, who before his fall from grace counted entertainment lawyer Bert Fields and entertainment industry powerbroker Michael Ovitz as clients, illegally wiretapped the subjects of his investigations, one of which was actor Sylvester Stallone.


Gruel, a federal prosecutor for 16 years before entering private practice, said he knew representing Pellicano would be costly but could also benefit his not yet 2-year-old old practice.


Gruel said that typically representing someone in a multi-year, multi-defendant, wide ranging federal racketeering case would cost more than $500,000.


“Of course, when you have a case of this high profile,” he said, “there are obvious tangible benefits that derive from it and I have received those benefits in the form of clients that have Googled me and seen that I am in this big Hollywood case.”


Gruel could not articulate the benefit in numerical terms, but acknowledged: “This case has been helpful to expanding my practice.”


He added, much like Allred, that the exposure to possible new clients is not a sole motivation for taking the case.


“What prompted my representation of Anthony was my friendship with him,” said Gruel, who has known the former private investigator since 1996, when he used Pellicano as an audio forensic expert witness during a trial.


Gruel dismissed persistent rumors that his fee is being covered by anonymous Hollywood figures.


Several attorneys said these arrangements were prevalent in criminal law because those cases usually garner the greatest media attention.


The number of lawyers taking celebrity cases for free might be relatively small, but this practice has a broader impact.


Criminal defense attorney Thomas Mesereau, who has represented Michael Jackson, Mike Tyson and Robert Blake, does not take celebrity cases for free but he is familiar with the practice.


“No client I ever represent said that I should reduce my fees,” he said. “But people around them have suggested that.”


Mesereau added, “My response was always ‘you get what you pay for.'”


Birkhead, who is also seeking a return of more than $600,000 from Opri, representing what remains of proceeds from a Bravo network interview, was hoping to pay nothing but ended up with two attorney bills.


“It was Larry’s belief that Debra Opri was going to represent him free of charge,” said Michael Trope, Birkhead’s lawyer in the matter.


Trope is not working for free.

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