FILE PHOTO: Harvey Weinstein departs New York Criminal Court following another day of jury deliberations in his sexual assault trial in the Manhattan borough of New York City, New York, U.S., February 21, 2020. REUTERS/Lucas Jackson
Former Hollywood producer Harvey Weinstein is suing to recover $1 million in legal fees he paid a criminal defense attorney who dropped him as a client after six months.
Weinstein, who was convicted in February 2020 of sexual assault and rape, alleged in a state court complaint in Manhattan late on Tuesday that his former attorney Jose Baez botched their initial contract and the invoicing for the legal work he performed, violating professional conduct rules and New York law, and is refusing to refund the fees.
Weinstein in his lawsuit said he agreed in January 2019 to pay Baez $2 million to cover trial and post-trial proceedings in his criminal case. The agreement allegedly called for payments in $200,000 monthly installments on a "work on a fee-for-service basis."
Baez was paid $1 million under the engagement agreement, the complaint says, but Weinstein now alleges the agreement contained an "unlawful and misleading non-refundable retainer clause" and other violations of the New York Rules of Professional Conduct.
The lawsuit says Baez delegated most work to Weinstein's other attorney, Harvard University law professor Ronald Sullivan. After Sullivan withdrew in May 2019 following an outcry at Harvard, Baez allegedly threatened to quit unless Weinstein immediately paid him another $1 million, contravening the terms of the agreement.
Baez asked for the court's leave to withdraw a month later. In a letter to Manhattan Supreme Court Justice James Burke obtained by The New York Post, Baez wrote that "Mr. Weinstein has engaged in behavior that makes this representation unreasonably difficult to carry out effectively and has insisted upon taking actions with which I have fundamental disagreements."
Weinstein alleges that Baez never provided him with any invoices until October 2020. Baez's colleague, Michelle Medina, allegedly produced a spreadsheet with an accounting of the firm's work that was riddled with problems, such as being vague and duplicative, and "was clearly designed to unlawfully retain Weinstein's $1,000,000.00 refundable payment."
Weinstein alleged that the defendants have not refunded him or responded to his objections about how he was billed. The complaint alleges breach of contract, unjust enrichment and fraud, among other claims.
Jospeh Tacopina, a New York litigator who is representing Baez, Medina and their firm, slammed Weinstein's claims as "audacious lies" in a statement.
"Harvey Weinstein’s lawsuit against Jose Baez and his firm is nothing more than yet another predatory act by a vile fiend, utterly lacking in credibility," Tacopina said.
Tacopina is the senior partner and lead trial attorney at Tacopina Seigel Trial Lawyers, and has counted Washington Football Team owner Dan Snyder, rapper Jay Z, and Fox News' Sean Hannity as clients.
Gary Kavulich of Kavulich & Associates, who represents Weinstein, said his client "is entitled to fair and legal treatment by his own attorneys and that is all he wanted here."
Baez is known for previously representing Casey Anthony, who was found not guilty in 2011 of murdering her 2-year-old daughter Caylee in a high-profile criminal case.
The case is Harvey Weinstein v. Jose Baez, et al., New York County Supreme Court, Index No. Unassigned.
For Harvey Weinstein: Gary Kavulich, of Kavulich & Associates.
Our Standards: The Thomson Reuters Trust Principles.