Denny McLain’s lawyer fined as he fights next court battle

A hearing about assessing attorney fees against a former Detroit Tigers’ great was filled with tension Tuesday as an attorney continually defied a judge’s orders.

In the end, Judge Theresa Brennan in Brighton’s District Court assessed $1,300 against Bloomfield Hills attorney Barry Powers, who continually questioned and challenged the judge about her handling of a civil lawsuit against his client, Denny McLain, despite the judge’s numerous warnings to stay on track with the issues.

“I’ve never known anyone to try to bully me as much as you have,” Brennan told Powers, adding, “you’re lucky it’s only $1,300.”

The Tuesday hearing was to determine if McLain, who led the Tigers to the World Series in 1968, and his attorney are to pay Joe Dobson’s attorney fees in connection with a civil suit in which Dobson alleged McLain owed him $1,910 for breach of contract.

Questions at the heart of the Tuesday hearing were whether the hourly rate and total hours billed by Dobson’s attorney, Donald Neville, “are reasonable.” If Brennan deems they are, she can then decide how much of the estimated $6,275 bill should be assessed against McLain and Powers individually.

Brennan said she will make her decision at a later hearing. A new date for that hearing was not immediately set.

Powers believes the tension between him and the judge is the result of his seeking to disqualify her — which he renewed Tuesday — from hearing the case after she commented at the trial that her husband and others saw McLain, who has had legal trouble in the past, walking around Brighton despite his claim that he could not walk due to a foot injury.

“I was taught in the second year of law school, there is one rule of filing motions to dismiss - don’t do it, but if you do it know that filing a motion to disqualify the judge is like shooting at a charging elephant. You better not miss,” he said. “ ... You either get trampled or you don’t. ... How can you tell the judge (she) doesn’t belong there and then her not be biased?”

In July, a local jury reached a quick verdict for Dobson, who initially filed his lawsuit in Livingston County’s small-claims court alleging that McLain owed him money for unpaid wages for a sales job from October to November, but McLain counter-sued, seeking damages in excess of $25,000, which moved the case to Circuit Court.

McLain, who didn’t show for his one-day trial or Tuesday’s hearing, alleged Dobson, who assisted McLain with marketing and sales at trade shows, interfered with McLain’s business relationships and committed conversion and breach of contract.

Following testimony, Brennan granted the plaintiff’s request for a direct verdict, and dismissed McLain’s counter claims.

Neville then submitted a motion seeking reimbursement of attorney fees on the counter-claim.

Powers said Neville’s request is “premature” because the 21-day period for McLain to ask for a reconsideration or for the judgment to be entered had not expired.

Brennan rejected Powers’ argument and entered the judgment for Dobson then ordered the lawyers to hold the hearing on fees.

At Tuesday’s hearing, Powers repeatedly tried to question Neville about happenings in the lawsuit, but Brennan continually told him that the point of the hearing was to determine if Neville’s hourly rate and hours billed were reasonable. She continually reprimanded Powers as he arguably ignored the judge’s instruction and tried to continue with his same line of questioning.

At points throughout the hearing, Powers also accused Brennan of judicial misconduct, arguing she inserted herself into the proceedings, which “amplified the proceedings” by causing delays that she now blames him for creating. He asked for a stay in the proceedings to appeal her decisions, but the judge denied that request.

Powers also tried to address McLain’s absence from both the trial and Tuesday’s hearing by showing the judge a cellphone photograph of his client’s calf, ankle and foot, which were scraped, bloody and bruised and had pins sticking in it. However, Brennan said the time for that explanation was at the trial and at that time, Powers and McLain submitted no proof of his “alleged injury.”

“You had nothing, but what appeared to be a fake doctor’s note,” Brennan told Powers.

Powers said the letter came from McLain’s surgeon, but Brennan discredited both letters “because they were undated; she also said she was suspicious McLain made the letters up.” Powers said he asked for permission to present McLain’s testimony via deposition, which Brennan turned down.

McLain, who was sentenced to federal prison for embezzlement in connection with the theft of money from Peet Packing Co., a company in Chesaning that he owned at the time, said he has “not yet gotten my day in court” and he wants it when he recovers.

“I just can’t understand how, in our judicial system, the court could assume I was well enough to attend the trial when my doctors told me I couldn’t, and where we gave not one but two letters from the doctor that said so,” said the MLB Most Valuable Player and two-time Cy Young Award winner.

Powers tried to explain that he needed to call his client the day of the trial, but he couldn’t and when Brennan hammered him about why, Powers said his client was on painkillers that “took away his mental acuity.”

Powers told the Livingston Daily that McLain was the “victim of a horrific accident” in May in Clarkston in which most of the bones of his left foot were “crushed when a load of railroad ties fell on it.” As a result, McLain is taking prescription medications that “keep him from making major financial and other important decisions until he fully recovers.”

The judge again told Powers to move on, and he again tried to ask questions the judge told him were not pertinent at the hearing. At one point, Brennan muttered “oh no” as she buried her face in her hand while Powers continued talking.

Brennan bluntly told Powers that she did not believe him or McLain. She noted that she has continually given Powers plenty of opportunities in court to present his case, including tolerating his being 45 minutes late and unprepared. She accused Powers of preparing and filing a counter-claim that “had not a single fact” to support his client’s claim and of intentionally trying to delay and harass Dobson and the court.

“You don’t respect me,” Brennan said, cutting off Powers’ reply. “It is not my fault you weren’t prepared.”

Powers said he does respect the bench, but by then Brennan was clearly frustrated with Powers’ continual talking about points she ruled he could not mention.

“You do half truths,” Brennan told Powers, who replied: “We just keep locking horns.”

Contact Livingston Daily justice reporter Lisa Roose-Church at 517-552-2846 or lrchurch@gannett.com. Follow her on Twitter @LisaRooseChurch.