Expert Agrees Britney Case Not Quite Kosher

Declaration from law professor says popster didn't receive proper notice of dad's intent to take over estate

By Natalie Finn Mar 20, 2008 1:11 AMTags

The attorney who persists in representing Britney Spears, despite having been given instructions to the contrary, is still on the court's case.  

New York-based lawyer Jon Eardley filed a new batch of documents Monday related to his appeal of the legality of Britney's conservatorship, including a declaration from a UCLA law professor that supports his theory that the 26-year-old pop star never received proper notice—as mandated by state law—that her father was seeking control of her estate. 

A Los Angeles Superior Court commissioner named Jamie Spears and attorney Andrew Wallet coconservators of Britney's estimated $100 million fortune on Feb. 1, a day after she was committed to the neuropsychiatric ward at UCLA Medical Center for observation.  

Since then, Commissioner Reva Goetz has ruled that Britney was not fit to hire her own counsel and, most recently, allocated a $1,500 weekly spending allowance for the "Toxic" singer and a $2,500-per-week stipend for her dad while he's managing her affairs and authorized Jamie and Wallet to sell some of Britney's cars. The conservatorship has been extended until at least July 31. 

Meanwhile, professor William McGovern stated in a declaration filed Monday that Britney should have been personally served notice of the court proceedings occurring while she was in the hospital because her case was not one where the rule of offering at least five days notice did not apply. In Britney's case, she was not facing imminent substantial harm. 

Because Britney wasn't notified, due process law dictates that Jamie's heightened status should have been good for no more than 30 days, the declaration says.  

Britney's right to pick her own lawyer was infringed upon by the appointment of her father as conservator, which allowed him to restrict and limit her visitors and who she can contact, McGovern continued. 

He stated that he arrived at his conclusion after reviewing Goetz's temporary conservatorship order and corresponding documents filed by Jamie and Lynne Spears. 

After a federal judge refused to remove the case from probate court, Eardley appealed the conservatorship and Jamie's court-ordered allowance on Mar. 11, despite U.S. District Judge Philip Gutierrez's previous finding that he had "no authority" to go to bat for Britney. 

Meanwhile, documents released Wednesday shed some light as to why Jamie's camp is looking to liquidate his daughter's vehicular fleet, which includes two white Mercedes, a white Mini Cooper convertible and a black Audi. (View related filings.)

Apparently Britney owns seven rides of various shapes and sizes and unloading the cost of maintaining, insuring and storing the vehicles will "save substantial expenses to the conservatorship estate."