Airport attorney lawsuit dismissed

A lawsuit challenging the city’s hiring of an out-of-state lawyer to

deal with litigation involving Bob Hope Airport was dismissed

Wednesday after city officials refused to produce a contract between

the city and the attorney, citing attorney-client privilege.

Burbank resident Mike Nolan, who challenged the city’s use of

Denver-based attorney Peter Kirsch on airport matters, was placed in

an unwinnable position by having to present the contract on what was

supposed to be the first day of trial Wednesday in the case before

Los Angeles Superior Court Judge William F. Fahey, said Nolan’s

attorney, Michael Bergfeld.

“But the city refused to produce it using the attorney-client

privilege as a shield,” Bergfeld said.

Assistant City Atty. Juli Scott said it was up to Nolan and

Bergfeld to show it was illegal for the city to use Denver-based

attorney Peter Kirsch to represent it in matters pertaining to the

Bob Hope Airport.

“You can’t rely on the other side to produce evidence that you

need,” Scott said.

It had always been his opinion the lawsuit had no merit, Kirsch

said.

“We’re pleased the judge agreed with us and that there was no

point in even going to trial,” Kirsch said.

His firm continues to represent the city when needed, Kirsch said.

Nolan, a frequent critic of the City Council, filed the lawsuit in

August 2004 to stop the city from paying Kirsch because Kirsch is not

licensed to practice law in California. He has represented the city

on airport-related matters since 1995.

“I never got my day in court,” Nolan said. “By extension the

people never got their day in court.”

The lawsuit contends that Kirsch’s work for the council does not

fall under any of the exceptions recognized by the California Supreme

Court that allow out-of-state attorneys to practice in the state.

The city argued Kirsch was not engaging in illegal activity.

“There are specific issues that only certain attorneys can

handle,” Scott said. “Peter Kirsch is a nationally recognized

aviation expert.”

The contract between Kirsch and the city had been listed on the

city’s evidence list in preparation for the trial, both Nolan and

Scott said.

“What magic reason is there that the contract was then covered by

attorney-client privilege,” Nolan said. “I am thoroughly disgusted

with attorneys protecting an attorney who doesn’t have a license.”

Often evidence is included in an exhibit list that is later not

used, and the plaintiffs should not have relied upon such evidence in

proceeding to trial, Scott said.

QUESTION

Should the city be using an attorney from out of state to litigate

on matters related to the Bob Hope Airport? E-mail your responses to

o7burbankleader @latimes.comf7; mail them to the Burbank Leader,

111 W. Wilson Ave., Glendale, CA 91203. Please spell your name and

include your address and phone number for verification purposes only.