Aug 4, 2011, 10:00 AM EST
Of all of the litigation in which Frank McCourt is currently involved, the one in which I’m most staunchly on his side is his malpractice action — or malpractice action to-be — against the lawyers that handled the property distribution agreement between him and his wife.
As became clear during the divorce trial, one lawyer’s switching out copies of the agreement to fix what appeared to be a drafting mistake, rather than have Frank and Jamie re-execute a corrected agreement, was the turning point. It gave Jamie McCourt the opportunity — disingenuously in my view — to argue that she was always entitled to half of the Dodgers. But because of lawyer’s actions the judge was left with little choice but to set the agreement aside and treat the Dodgers as community property. That’s malpractice, pure and simple.
We’re not quite to the point where that’s being litigated, but Frank McCourt is in court today to make sure that day comes. The law firm sued him first, actually, claiming unpaid fees and hoping to head off the malpractice claim. Today Frank is trying to have the fee claim dismissed so he can proceed. And it’s important that he win it: he took a $30 million personal loan from Fox earlier this year, secured by the proceeds from the lawsuit. Risky as hell, but that’s Frank.
Anyway, Bill Shaikin, as usual, has the full story. Let us all enjoy the brief period in which we can actually root for Frank McCourt.
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