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Birkhead, Lawyer Battle over Legal Bill

Wed., May. 30, 2007 3:23 PM PDT by Josh Grossberg

Larry Birkhead is in another legal tussle—but this time Dannielynn and Howard K. Stern aren't involved.

Debra Opri, the high-powered lawyer who represented the celebrity photographer in his paternity battle with Stern over Anna Nicole Smith's daughter, Dannielynn, is seeking court-ordered arbitration to get Birkhead to pay more than $600,000 in outstanding legal fees.

According to the petition, filed in Los Angeles Superior Court Tuesday and obtained by E! News, the 34-year-old Birkhead "refused and continues to refuse to pay [Opri] for any of her services." (View the court papers.)

Opri wants to enforce a clause in their contract in which both parties agreed to settle any disputes via binding arbitration.

"The legal services provided by Opri were extensive, entailed hundreds of hours of work and required Opri to travel to multiple states and outside of the country," the court filing reads.

"The arbitrator instructed Ms. Opri to secure a court order via a petition for arbitration because Mr. Birkhead was continuing to ignore all requests to resolve this matter. Mr. Birkhead's statements are not correct that he notified anyone of his unavailability. He simply refused to participate at any level," a spokesperson for the attorney added.

In his own statement to TMZ, Birkhead brushed off the lawsuit, saying, "The only question at the end of the day is, how much money will Debra Opri be paying me?

"At this time, the public is not aware of the unbelievable circumstances which led to me firing Ms. Opri," Birkhead continued, before giving props to another lawyer. "Thanks to the efforts of my Bahamas attorney, Emerick Knowles, I am fortunate enough now to be spending time with my daughter, Dannielynn."

Although Opri's complaint acknowledges that Birkhead terminated her services in March, a month before a Bahamian court used DNA tests to determine Birkhead was Dannielynn's father, Opri insists she still "obtained all of the relief that he was seeking in that action."

She contends that since taking Birkhead's case last September, he not only ignored the terms of their contract but also failed to reimburse her for money she advanced him to cover court costs. Opri also says he owes her after she accompanied him to Florida and the Bahamas in February following Smith's death to dispute Stern's custody over the former Playmate's remains.

A Florida court subsequently turned control of Smith's body over to Dannielynn and her guardian ad litem, Richard Milstein, who in turn agreed with Stern and Birkhead that Smith should be buried in the island nation beside her 20-year-old son, Daniel. Daniel died three days after Dannielynn's Sept. 7 birth.

At $475 per hour, Opri's "usual hourly rate," with the addition of travel expenses, court filing feels, subpoena costs, deposition costs, accounting and appraisal fees, etc., etc., the total bill amounts to a whopping $650,000.

Despite a very public falling out, Opri states in the complaint that she technically remained in Birkhead's employ up until last month because he failed to sign a release form agreeing to her withdrawal.

A Los Angeles judge finally signed off on her release Apr. 23.

There was no further comment Wednesday from Opri, who has moved on to run point for Pamela Bach in her high-profile custody fight with David Hasselhoff. The next hearing in that case is set for Friday.

Birkhead, meanwhile, remains in his native Kentucky, where he's been since returning to the States with Dannielynn. He is due back in the Bahamas June 8 for what should be the final legal step in his being granted complete custody of the girl.