Larry Birkhead: Sue Your Lawyer

Posted on Jun 5, 2007 in Celebrity Justice

larry_debra2.jpgLarry Burkhead has his own website, www.larrybirkhead.net.   The majority of its posting involves Larry Burkhead clarifying legal issues, including his silence on the issue of his attorney’s bills.  Based upon other information on the page, these postings may be somewhat dated.  The lawsuit that Burkhead filed last Friday is not mentioned.

What we do know, thanks to TMZ.COM and others, is that Larry Burkhead has sued his former attorney.  CNN reports that the lawsuit is based upon malpractice, based upon factual allegations that, among other things, Debra Opri misrepresented herself as a family law specialist, and that she promised to work on the case without a fee and then held over a half million dollars from Burkhead as payment for legal fees.   Fraud allegations are involved, as well.

Want to sue a lawyer, too – just like Larry Burkhead?  You have the legal right to sue your lawyer, just the thought may make you smile, but there’s a thing or two to consider before you take the plunge.

First, you will need to find a lawyer willing to sue other lawyers.  Sometimes, that’s not easy — particularly if the lawyer you want to sue is popular, or powerful, or both.  It may be necessary to travel to another community – maybe another county, city, even state – to find the right attorney to take your case.

Second, you will have to face a big burden in court.  To prove legal malpractice, you essentially have to prove two lawsuits:  first, the way the underlying lawsuit should have gone if everything was done right; then, in this new, second suit, the errors that were made by the former attorney, and how it’s harmed you after the fact.

As for DannieLynn’s daddy, several bloggers are on the job.  HotMomma is asking folk to choose sides (she says leave Larry alone); Celebrity Weasel is monitoring the action; and a group of law professors headed by Texas Tech Professor Gerry Beyer are discussing all this “collateral lawsuit” stuff.�

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