Music Download Lawsuit - John Deep v. RIAA, Boies, et al.

IV. FACTS COMMON TO ALL CLAIMS:

My Lawyers Represent Interests Adverse to Mine

68. In 1997, David Boies, Esq. (“Boies”), Chairman of Boies-Schiller, founded a law firm that, by the year 2000, would grow to become Boies, Schiller & Flexner, LLP, with offices in several cities and employing dozens of lawyers. By 2000 Boies was widely recognized as one of the best lawyers in America.

69. The level of Boies’s compensation increased with the successful performance of Boies Schiller and in 2000 the revenue of the firm was estimated to be over one hundred millions of dollars.

70. As my lawyer beginning in November 2000, Boies owed me fiduciary duties of honesty, good faith, care, and loyalty. Boies knew that I had given him an interest in my assets and litigation claims without his written disclosure to me of the terms of his engagement, and without any opportunity to consult independent counsel, and that I reposed great trust and confidence in him.

71. Boies was obligated to pursue and protect my interests as his client to the exclusion of his own interests or the interests of any other person. Boies was also obligated to advise me promptly of any instance in which his interests might conflict with mine.

72. Yet, through a pattern of conduct abundant with conflicts of interest, self-dealing, and other serious legal and ethical problems, Boies secretly devised means to enrich himself with my assets while concealing his misconduct from me.