|Tod Brody’s lawyers say they now not need to defend him for allegedly providing this image to be used at the cover of Vampire Weekend’s “Contra” album.|
Lawyers for the photographer who allegedly provided a photograph with an invalid model release to be used at the cover Vampire Weekend’s “Contra” album are attempting to quit the case.
The lawyers, who represent Tod Brody, complained to the court that Brody doesn’t reply to their phone calls or e-mails and has refused to pay his legal bills. In order that they need to drop him as a client.
Brody was accused of providing Vampire Weekend and its record company with a Polaroid image of former model Ann Kirsten Kennis. He allegedly charged $5,000 for the image, and provided a forged model release with it. It’s unclear who shot the picture or how Brody obtained it, but Vampire Weekend first stumbled on the picture on Brody’s flickr site, in keeping with court papers. Kennis sued the band and the record company for unauthorized commercial use of her likeness, they usually in turn sued Brody.
It took the entire parties weeks to find Brody last fall in order that they could serve him with court papers.
Now Brody’s Los Angeles-based attorneys say of their motion to withdraw from the case, “THERE WAS a complete breakdown within the attorney-client relationship that has made it impossible for Lavely & Singer to symbolize Mr. Brody in a meaningful fashion.”
The attorneys say Brody have been rarely reachable by phone, and that he has answered e-mail only sporadically. Weeks glided by without communications, the attorneys said, adding, “if and when he finally did respond, his responses became increasingly hostile and exhibited substantial animus toward the firm.”
The court initially denied the attorney’s request to withdrawal because they did not meet all of the administrative and legal requirements for dropping their client. That included providing an address for Brody so the court could serve him notice. Several days ago, Brody’s attorneys re-submitted their request, after hiring an individual investigator to determine the address of Brody’s residence.
A ruling at the second motion for withdrawal is pending.
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