Harvard Law professor and well-known trial lawyer Alan Dershowitz asked a New York federal court Friday to remove Boies Schiller Flexner LLP from a case in which the firm is representing a woman who claims Dershowitz sexually molested her as a child.
Dershowitz has been accused of being involved in billionaire pedophile Jeffrey Epstein's alleged sex-trafficking ring by an attorney for one of Epstein’s victims. The lawyer who represents the woman, Virginia Roberts Giuffre, in early March claimed in federal court that testimony from other witnesses will show Dershowitz's involvement in the alleged trafficking of "his close friend Jeffrey Epstein."
Dershowitz's request was filed by Imran H. Ansari and Arthur L. Aidala, his lead attorneys.
Dershowitz, who has called for all files and testimony to be publicly released in the case, said the firm should be removed due to "multiple related incidents of unethical conduct by the Boies Schiller firm that have caused severe conflicts and have implicated the advocate-witness rule."
The firm's chairman, David Boies, has been described as one of the nation's "superlawyers" and is one of the highest-paid defense attorneys in the country, according to The New York Times. He has represented clients ranging from Harvey Weinstein to former CBS CEO Les Moonves to the now-defunct blood analysis firm Theranos.
In a recent blog on Newsmax, Dershowitz wrote that for him the experience of being falsely accused of sexual misconduct was actually worse than being falsely accused of murder.
“In my case, two women I never met were put up to falsely accusing me for obvious financial gain,” he wrote. “They both had histories of making up stories about famous people for money, and of committing perjury.”
In March, Dershowitz called for the FBI and federal prosecutors to open a criminal investigation into allegations he sexually assaulted two women, including one who was underage.
"All three of us have filed sworn affidavits in federal court. These affidavits are in irreconcilable conflict: I have sworn that I never met either of them; they have both sworn that I engaged in sexual acts with them. Either I have committed perjury or they have,” Dershowitz wrote in an op-ed for The Wall Street Journal.
Dershowitz released this statement:
“David Boies, his law firm, and his client Virginia Giuffre, have falsely accused me of sexual misconduct with a woman I have never met. Giuffre, represented by the Boies firm, is now suing me for truthfully denying the false charge. Among the most important witnesses proving that I have been falsely accused by Boies’ client is David Boies himself, and his law partners, who have admitted that it would have been impossible for me to have been at places their client falsely claims to have met me and that their client is “wrong… simply wrong” in accusing me. They will be key witnesses in this case and thus can’t also be the lawyers in this case. Moreover, the Boies law firm offered to represent me while, unbeknownst to me, they were secretly representing my accuser. I accepted their offer and sent a partner in the firm confidential lawyer-client information which could now be used against me. Because of these reasons, and to maintain the integrity and fairness of the judicial process, the Boies law firm must be disqualified from representing Virginia Giuffre in this case.
In my Declaration, filed in support of my motion, I catalog a series of conflicts and ethical violations of which David Boies and his law firm have been credibly accused. For example, I quote the decision by the Chief United States District Judge of the United States District Court for the Southern District of New York, the Honorable Colleen McMahon, in a case where the Boies law firm was found to have substantial conflicts of interest. Her words are as applicable in this matter as they were in that case:
‘A clearer conflict of interest cannot be imagined. A first year law student on day one of an ethics course should be able to spot it. BSF [Boies Schiller Flexner], which holds itself out as one of the country’s preeminent law firms, did not. Not when it undertook a representation that would inevitably attack its own work... Not when its former client raised the issue – which occurred as soon as [the former client] learned that Plaintiff had retained BSF and read a copy of the draft complaint that its former lawyers had prepared. Not when... counsel in this lawsuit... formally notified BSF in writing that its prior representation... created a conflict. Not when the firm, after being warned about the conflict, filed a lawsuit containing allegations as to which its own attorneys (including quite possibly name partner David Boies, who billed time to both representations) were important – indeed virtually necessary – rebuttal witnesses.’ ”
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