Sunday, October 24, 2010

Did you ever make $30,000 an hour?

One of the most exciting moments I experienced in my almost 20 years litigating cases in New York, was over before you could blink your eyes. About 6 years ago, I'm in my office doing paperwork on a very quiet "holiday day" when I get a call from a former[satisfied client] who tells me she was filming a tv commercial with a "major sports celebrity". During a break, in front of 200 people the celebrity ,(while my client was kneeling), bobbed her head up and down by his crotch mimicking oral sex. Extras on the set had witnessed it and my client was humiliated, scared and terrified that if she complained she would "be blackballed " forever in her industry.
She told me there was a"woman extra " on the set who would be cooperative, who had confirmed to my client that she saw every horrible little detail. I advised my client to immediately contact the witness and set up an interview where I could obtain a written statement. Next thing you know I'm with my client [ 1/3rd retainer in my bag]at the witness's apartment by the Seaport, taking and notarizing an ironclad written statment. Retainer signed , of course[hey!].
Immediately afterwards I did 2 things;
1. Dictated a complaint to my secretary to be filed in Supreme Court, New York County[from the cab] and
2. Contacted a childhood friend[agent in the sports business ]to get the sports celebrity's cell #.
My friend as it turned out was very close with the celebrity and he did try to mediate.I called the defendant on his cell phone, introduced myself in a very professional manner, explained our version and read him the "guts of the statement". I also became aware that he had a huge sporting event the next day and of course I had every intention of sending the filed complaint to the Post, Channel 4[I knew Ralph Pensa] and of course ESPN. I stated in no uncertain terms "we needed to settle today" or I would file the complaint at 5 minutes to 5 befote the Clerk's office closed. He listened , asked a question or two and said that they would be in touch shortly. Next call ,my friend begging us to go away for $20,000. Rejected! Next call the sports agent; " can something be worked out here "? Of course for $750,000, a letter of reference and a guarantee she would not be blackballed. Next call, fancy sports attorney from L.A. called. Let the games begin!
I immediately sensed vulnerability; i.e. irreparable damage to an ironclad reputation which could cause the end of a career and countless millions. So I came from a position of strength and played my best hand....the independent eyewitness's written, notarized account. That statement would carry the day and a $600,000 settlement consummated in the hallway in the Courthouse leading to the counter where complaints are filed at 4:55 p.m. Surreal moment.

Justice done, client gets her coop, her career is unblemished , celebrity no worse for wear[just $600,000] and Goldman makes $30,000 per hour($200,000 fee for 6 and a half hours). Not bad for a day's work!

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