Birkhead Cries Fraud, Disputes Legal Fees

Larry Birkhead is feeling bilked.

The Los Angeles-based, Kentucky-born photographer sued attorney Debra Opri Friday for fraud, conversion and legal malpractice, claiming that his former ally in his custody battle over daughter Dannielynn cheated him out of hundreds of thousands of dollars.

Shortly after Anna Nicole Smith's death, according to documents filed in Los Angeles Superior Court and obtained by E! News, Opri presented Birkhead with a "project" offer from NBC Universal (multiple appearances on multiple shows, basically) for which he'd receive compensation "of no less than $1,050,000." (View the lawsuit.)

In his complaint, Birkhead alleges that, without his consent or any legal authorization, at least $865,000 of that paycheck ended up in Opri's client trust account and/or other accounts of hers. After he demanded that she fork over the diverted sum, she only gave him $200,000 and "wrongfully retained possession and control of the balance of the funds from the project."

Since then, Birkhead says, Opri has ignored multiple demands on his part to pay up.

Birkhead's action comes just two days after Opri filed papers requesting court-ordered arbitration to enable her to collect $650,000 in supposedly unpaid legal fees (hundreds of hours of work, international travel, etc.) from Birkhead. (View the petition.)

A publicist for Opri downplayed the lawsuit Friday, saying: "Ms. Opri will allow the arbitration to resolve any issues regarding his bill."

Birkhead ended up firing Opri before a Bahamian court ordered DNA tests for him and Dannielynn, which ultimately proved that he—and not Smith's most recent paramour, Howard K. Stern—was the child's father. Birkhead says that any statements on Opri's part indicating that she had terminated their attorney-client relationship were false.

Additionally, any public bashing of Smith that Opri may have engaged in was also carried out without his consent, Birkhead says, adding that he specifically asked her to respect the mother of his child.

During an appearance on MSNBC, the lawsuit states, Birkhead was surprised when the reporter who introduced him to Opri in the first place questioned him about information he understood to be confidential. Opri told him that she had fed the info to the reporter—a good friend—as "payback for the client referral," per the suit.

In his lawsuit, Birkhead states that, also without his knowledge, Opri set up a fund for which she solicited public donations to put toward his legal bills, money that he never received. Once he learned of the so-called fund, he told her to cease and desist immediately.

Birkhead contends that some of the so-called legal fees he has incurred include expenses racked up for "dinners with friends and associates of Opri's that cost thousands of dollars, travel expenses, entertainment expenses for Opri, her friends and family," as well as other charges that went toward her "personal aggrandizement."

Throughout the process, which began in October when Birkhead filed his originally paternity suit, "Opri placed her own career desires and needs as a priority over the needs, interests and desires of her own client," the complaint states.

He is seeking at least $885,000 in damages.

On Friday, Opri's publicist insisted Birkhead has "refused to participate on any level" toward getting this matter resolved and that's why she petitioned for arbitration. A hearing on the matter is set for July 9.

Birkhead "has now admitted, however, that he can pay his legal bills having received over $1 million in a media deal. This does not include the untold millions he has received for selling photos of his daughter," Opri's rep dished Friday, before continuing in the next sentence:

"Ms. Opri will continue to take the high road and not sling mud back at Mr. Birkhead."