Wednesday, September 22, 2010

Embattled lawyer for Los Angeles Dodgers owner Frank McCourt and wife Jamie McCourt retakes stand in divorce trial

LOS ANGELES -- The embattled lawyer who prepared the post-nuptial agreement at the heart of the fight between Frank and Jamie McCourt for ownership of the Los Angeles Dodgers retook the stand Wednesday morning after health concerns prompted the judge to excuse him Tuesday afternoon.

Larry Silverstein, an attorney for the Boston-based Bingham McCutchen law firm, testified that he "did not have any certainty" on the issue of whether the Dodgers would have become community property had the McCourts moved to California without a marital property agreement.

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Embattled lawyer for Los Angeles Dodgers owner Frank McCourt and wife Jamie McCourt retakes stand in divorce trial

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Yesterday, Silverstein testified that the marital property agreement he drafted was meant to give Jamie McCourt sole ownership of the couple's homes, and make the Dodgers Frank McCourt's separate property. The couple signed six copies of the agreement.

Three of the six copies divided the assets the way Silverstein testified the McCourts intended, but the other three excluded the Dodgers from Frank's separate property. Silverstein testified that he corrected the three copies that gave Jamie claim to the team after they were signed and notarized because he believed they were made in error.

In a pivotal exchange moments before the morning recess, Jamie McCourt's attorney David Boies asked Silverstein:

"Having reflected on what you did, do you still think that it was anything other than an ethical breach for you to switch this schedule after it was signed and notarized without ever telling Jamie McCourt?"

Silverstein answered: "The answer is no."

Boies will resume examining Silverstein after the morning recess.

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