Thursday, November 29, 2018

Avenatti faces serious legal trouble if Stormy's telling the truth

Michael Avenatti may be in deep poo if what his porn actress' accusations are true. In a little over two weeks after he was arrested for alleged domestic violence, (which he vehemently and vulgarly denies and suggested that it's a vast right-wing conspiracy) Stormy Daniels accused him of having filed a failed defamation suit on President Trump against her wishes.


"Michael has been a great advocate in many ways," the porn actress told the Daily Beast on Wednesday. "I'm tremendously grateful to him for aggressively representing me in my fight to regain my voice. But in other ways Michael has not treated me with the respect and deference an attorney should show to a client. He has spoken on my behalf without my approval. He filed a defamation case against Donald Trump against my wishes. He repeatedly refused to tell me how my legal defense fund was being spent. Now he has launched a new crowdfunding campaign using my face and name without my permission and attributing words to me that I never wrote or said."

This does not bode well for the attorney.

According to legal expert Stephen Gillers in an interview with The Daily Beast, the shyster lawyer probably would not be disbarred for his behavior, but he could be facing a malpractice lawsuit.

"If he filed the case with her name when it was clear that she told him not to, then he could be sued for that," Gillers said. "He could be sued for malpractice. If true, she has a malpractice case against him. I emphasize if true. And if true, he would be subject to discipline but not as serious as disbarment."

This may be the least of Avenatti's troubles. The Senate Judiciary Committee referred him and his other client, Julie Swetnick, to the Justice Department for "providing false statements, obstructing congressional investigations, and conspiracy all violate federal law," Gillers told The Daily Beast.

Avenatti discussed Daniels' bombshell accusations about the crowdfunding accusations with The Daily Beast, but he didn't directly address her defamation lawsuit claim. saying only that he has "always been an open book with Stormy as to all aspects of her cases."

"I am and have always been Stormy’s biggest champion," he said in a statement Wednesday. "I have personally sacrificed an enormous amount of money, time and energy toward assisting her because I believe in her. I have always been an open book with Stormy as to all aspects of her cases and she knows that. The retention agreement Stormy signed back in February provided that she would pay me $100.00 and that any and all other monies raised via a legal fund would go toward my legal fees and costs. Instead, the vast majority of the money raised has gone toward her security expenses and similar other expenses. The most recent campaign was simply a refresh of the prior campaign, designed to help defray some of Stormy’s expenses."

When asked Avenatti about the two active crowdfunding pages for Daniels earlier this week, he claimed that he "reset the page as the focus of the case changed from when we first launched the site."

It was after Avenatti's arrest about two weeks ago on suspicion of felony domestic violence that Daniels began to back away from him publicly. The Los Angeles District Attorney's Office has since decided not to pursue the case but instead referred it to the city attorney's office.

"These are serious and obviously very troubling allegations, but right now that is all they are: allegations," Daniels said in a statement. "We should all reserve judgment until the investigation—an investigation Michael has said he welcomes—is complete, and that's what I'm going to do. But of course I do not condone violence against women and if these allegations prove true I will be seeking new representation."

But while Daniels does not "condone violence against women," she's apparently okay with the sexual demeaning of her gender.


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