A bruising day for Bingham McCutchen in McCourt divorce trial
Jamie McCourt and one of her attorneys, David Boies. (Nick Ut photo)
It's not just Frank and Jamie McCourt who are taking a public-relations hit in the couple's divorce trial currently underway in LA. The Boston law firm Bingham McCutchen isn't faring much better. The high-powered firm is suddenly at the center of the drama because of work done by its lawyers. At issue is the wording of a document signed by both McCourts six years ago. According to media reports, three copies of the marital property agreement use the word "inclusive," which would make Frank McCourt the sole owner of the Los Angeles Dodgers, and three copies say "exclusive," which would make Jamie McCourt the co-owner of the venerable Major League Baseball franchise. (Frank and Jamie McCourt have said they were unaware of the discrepancy until last year.) Bingham McCutchen lawyer Larry Silverstein prepared the document, and some legal experts believe the firm could face a substantial liability claim from either McCourt. "(Silverstein's) competence is being challenged here," Loyola Law School professor Laurie Levenson told the LA Times. "If he's shown to be incompetent at the trial, the next action could be malpractice." Legal experts say the losing McCourt could sue Bingham McCutchen for as much as $100 million. Frank McCourt's lawyers say Jamie's lawyers are seizing on Silverstein's error because they have no case. "We have conceded from the beginning that he should have picked up the phone and called his clients and said, ‘I made a mistake,’ ” lawyer Steve Susman told the Times. "They’re claiming it’s sinister because that’s all they have."
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Mark Shanahan joined The Boston Globe in
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