Legal Question in Civil Litigation in California

I am currently in a civil lawsuit. Myself vs. my ex-buisiness partner (let's just call him Barney for fun). Barney and I are 50/50 equal owners to a television show and we executed a collaboration agreements that states that. Barney attempted to remove me from our show during the 2nd season of production. I hired a contractual attorney to explain to me if I still had rights to our show and she confirmed yes, we are still 50/50 partners no matter what. I brought info this to Barney's attention and when he dismissed my concern I had my attorney send a demand letter. Barney's attorney responded with a faxed "Work for Hire Agreement" with my signature on it. I did NOT sign this agreement, but it was my signature on the agreement. I was suspicion of foul play so I began to go through my emails to compare other documents that had my signature on them that I sent to Barney. I found an old document I sent Barney with my signature on it that matched EXACTLY to the one on the Work For Hire agreement his attorney faxed. Despite the fact that Barney cannot produce an original of the agreement or an email with the signed agreement, he still defends that this phantom Work for Hire agreement was authentic. My attorney fees are really piling up now so I hired a certified handwriting expert and she confirmed my suspicion that the signature was photoshopped. Despite all this Barney is STILL fighting and unwilling to settle on reasonable terms. His attorney said, "How do we know that your client didn't photoshop it himself? You can't prove Barney did it." So I have 2 questions:

1) After this case is concluded and if he is found guilty at the end of trial, do I have any way to recoup my lawyer fees since he committed a crime during our case that heavily prolonged the length of our case?

2) If we settle out of court, can I still pursue criminal action against Barney even if we have a confidentiality clause in our settlement terms?


Asked on 5/06/11, 5:43 pm

3 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You own a television show and you are on here asking for free legal advice? Do you sneak into soup kitchens and get free food that is meant for the homeless?

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Answered on 5/06/11, 5:48 pm
Edward Hoffman Law Offices of Edward A. Hoffman

1. Only if your contract says you can, or if your complaint alleges a violation of a law that provides for attorney fees.

2. A confidentiality agreement might prevent you from reporting Barney to the police, but it would not prevent you from answering questions if the police approach you about him.

Note that you don't have to wait until you and Barney settle before reporting him. You can do so now if you want. In fact, if he committed a crime, the statute of limitations is ticking away. For all I know, it may already have expired. If it hasn't, it might expire before you and he settle.

You should think carefully about why you want to wait before reporting Barney to the police. You might have perfectly good reasons. But don't threaten to report him if he doesn't settle with you. That would be extortion -- and then Barney could complain to the police about you.

3. I'm a bit less skeptical than Mr. Roach, since I realize that some TV shows do not generate huge amounts of money and since it's not clear how much you have already paid your lawyers.

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Answered on 5/06/11, 6:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I would have your lawyer get an ex parte court order to seize his computer and have it forensically inspected. If he used it to Photoshop or otherwise alter a document, there will be traces left on his machine even if he tries to erase everything. Maybe you can get the police interested in this approach, although it's a long shot.

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Answered on 5/06/11, 9:50 pm


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