Guest Column: Spector demands return of part of $1 million retainer

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(To hire or not to hire a famous lawyer)

By Burton S. Katz

Retired L.A. Superior Court Judge

Some say it goes with the territory. Simple etiquette dictates that a celebrity accused of murder requires a high-profile celebrity lawyer. After all, hiring a “nobody” reflects poorly on the celebrity’s social standing, if not the perception that he or she has been consigned to the dreaded “B” list or worse, forgotten. And so it was that Rock Impresario Phil Spector, the man who brought us the “wall of sound,” once the darling of the rock music industry, vanished into an opaque shroud, only to be resurrected by the bizarre circumstances surrounding an alleged murder of an actress.

Under the glaring light of his newly recovered celebrity, Spector did what any other self-respecting notable would do; he hired a celebrity lawyer, his friend Robert Shapiro. (Here, I must insert a disclaimer. Shapiro is a friend of mine. But that will not affect my analysis.)

I know there are some of you out there who believe, as A. P. Herbert once said, “Laws are made to be broken so that lawyers may drive Daimlers and drink Mumms.” Regardless of our personal opinions about lawyers, none of us could survive in this litigious society without the aid of highly competent attorneys. And were we to find ourselves in the unfortunate position of being charged with a heinous crime that threatened to destroy our life and our family’s lives, we would certainly seek out the best lawyer we could afford.

Shapiro received too little credit for the victory in the O.J. Simpson case. And while Johnnie Cochran of the “if the gloves don’t fit, you must acquit” fame deserved the accolades he received, (Cochran is also a friend of mine), insiders, who understand what he brought to the table, knew that Shapiro’s shrewdness made the O.J. victory possible. Upon being hired, he immediately put together a “dream team” of lawyers and experts. Before the prosecution could even begin to piece its case together, Shapiro retained experts such as world-renown criminalist Henry Lee and famed forensic pathologist Michael Baden. He brought to the team DNA experts Barry Scheck and Peter Neufeld. He hired DNA labs that would refute the prosecution’s DNA evidence. He retained renowned private investigators. He brought in F. Lee Bailey, whose cross examination of Detective Mark Fuhrman destroyed his credibility and, ultimately, the district attorney’s case. He assembled a group of outstanding lawyers, which included Alan Dershowitz. This was all done before the prosecution could secure its own experts and nail down its evidence.

Now, what is that worth? Well, to O.J. it was worth his life. How much would you pay for your life? When Spector hired Shapiro, he knew of Shapiro’s reputation and ability to take proactive action rather than wait to respond to the inevitable charges. He retained a lawyer who by reputation had the ability to shape the defense case and frame the issues at trial on defense terms. He hired a man who has influence with many important players that ultimately could affect the quality of the defense and prosecution cases. That is worth money. That is what money can buy. Your average lawyer cannot pick up the phone and talk to Michael Baden or Henry Lee, let alone get them to testify for the defense. That is what you pay for. And as I have written in my book “Justice Overruled,” the criminal justice system is not always fair. Rich, influential people have a better chance to prevail than the average person. Worse, the middleclass often gets the worst representation, because they are unable to qualify for the services of the public defender’s office, which at least has lawyers who are intimately familiar with criminal justice. Ironically, Shapiro’s replacement for the Spector case, Leslie Abramson, spent years crafting her abilities in the Los Angeles Public Defender’s Office. The middleclass who does not qualify for the services of the public defender is obliged to sell or mortgage its assets to afford an attorney of nominal competence. They are unable to hire an attorney of Shapiro’s stature.

An attorney is entitled to the fair market value of his or her services. Who they know and what they know is part of that fair market value, no different than paying a surgeon substantially more for the same thing a lesser surgeon is paid to do. But there is a caveat-the legal profession requires that the fees charged are not unconscionable. If all Shapiro did was to make a few “insignificant” phone calls and a couple of appearances, it could be argued that some of the retainer should be returned to Spector. The California State Bar has in place a process whereby all attorney-client fee disputes are mediated before any further legal action can be taken to recover paid retainer fees or additional fees owed by the client.

Whatever the State Bar decides in determining what is “conscionable,” it must factor into the equation the reputation, accomplishments and skills of Shapiro. Now that Spector has returned from anonymity he just may have to pay the “A” list fees he contracted for.