*See update below
Jamie McCourt wins! This is exciting news for ex-wife of Dodger owner Frank McCourt. But it could be bad news for the McCourts’ former attorney, Larry Silverstein. Mr. Silverstein, a veteran lawyer admitted to practice in the state of Massachusetts, may have committed malpractice in this case, a situation that will cost Frank McCourt hundreds of millions of dollars. It was probably Mr. Silverstein’s testimony during trial that tipped the case in Jamie’s favor:
Silverstein testified he botched the language in the agreement — three copies said Frank was the sole owner of the Dodgers; three more said the couple jointly owned the team — and then switched out the latter three copies without informing the McCourts. [More]
Ooh la la. I smell a malpractice lawsuit. Even assuming Frank appeals this decision, (and he will although, I would advice him not to waste his time and money) he is also going to sue Larry Silverstein for a lot of moolah – and he will likely win. Because Larry screwed up. He really, really did. OMG. And this guy is as Harvard graduate. He’s a superlawyer in Massachusetts. A SUPERLAWYER!!! How could he have made such a stupid mistake as to switch these documents without informing the clients? What was this guy thinking for god’s sakes?
Notably, if you read Larry’s CV, he’s really a tax, corporate, estate planning and distressed real estate guy. He’s not a family lawyer. He’s a partner in a highly respected law firm in New England. How did he get himself involved in this prenup mess? How could he have made such a stupid mistake? I mean, he’s human. We all make mistakes, I know. But I look to guys like this for guidance and lessons. Not to do dumb things like this.
Hopefully, Frank and Larry are good pals and Frank won’t sue for malpractice. And that will be the end of it. And I don’t know that it will necessarily tarnish Mr. Silverstein’s reputation as a superlawyer. But would you go to him to do your prenup after this?
* Here’s what Larry’s law firm said today according to AmLawDaily.typepad.com:
The Court’s decision turns upon a very technical analysis of complex issues of Massachusetts and California marital property law. These are issues on which the lawyers and the foremost legal experts have differing opinions,” the firm said. “The order clearly does not make a finding, nor base its conclusions on any finding, that Larry Silverstein engaged in any misconduct. Instead, the opinion places the focus on the proper question of what did the parties intend in doing their property arrangements in 2004. It is our hope that the McCourts will resolve their differences amicably.”