The Anthony Pellicano Trial: Will Patty Glaser Be a Witness or Defense Counsel?

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The Anthony Pellicano Trial: Will Patty Glaser Be a Witness or Defense Counsel?

Thu Feb 07, 2008 @ 11:32AM PST

Posted by Eriq Gardner

Pellicano_lit_20060628 We noticed an interesting motion yesterday out of the Anthony Pellicano wiretapping case.

The government is opposing a motion by Terry Christensen, the well-known entertainment lawyer and one of the indicted defendants, to add his law partner Patricia Glaser to his legal team. According to the government's motion, Christensen wants Glaser as part of his team in an attempt "to use privilege to suppress from public disclosure information adverse to his potential interests."

Christensen, managing partner of LA law firm Christensen Glaser Fink Jacobs Weil & Shapiro, is accused of using private eye Pellicano to wiretap the ex-wife of client Kirk Kerkorian. Trial is scheduled to begin Feb. 27 in downtown LA.

On Jan. 25, Glaser was served with a trial subpeona. The government says that six days later she called government counsel and agreed to testify. According to the motion, she asked to know what the substance of her testimony would be, and the government declined to answer. Two days after that, Christensen's counsel notified the government that Glaser would be joining the defendant's litigation team.

The feds want Glaser, who has developed a reputation as one of the toughest entertainment litigators in town, to be disqualified from representing her partner because it violates the "advocate-witness rule," prohibiting an attorney from serving both functions.

With Glaser involved, it's a good bet this will become a hotly contested issue.

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The Hollywood Reporter, Esq. blog focuses on how the entertainment and media industries are impacted and influenced by the law. It is edited by Matthew Belloni with contributions from veteran legal reporter Eriq Gardner and others. Before joining The Hollywood Reporter, Belloni was a lawyer at an entertainment litigation firm in Los Angeles. He writes a column for THR devoted to entertainment law. Gardner is a New York-based writer and legal journalist. Send tips or comments to Matthew.Belloni@thr.com

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