Costs mount at BF&M trial: Star-studded trial could eventually add up to $20m
delays in the Bermuda Fire & Marine Insurance Co. Ltd. case and referred to the already "horrendous cost'' of the trial -- he wasn't kidding.
Some of the UK's top lawyers are involved in the case and they don't come cheap according to the current edition of Chambers & Partners, a sort of buyer's guide to the UK's legal eagles.
On a rough estimate of an average of $500 per lawyer an hour, the total tab is ticking away at an average of $16,000 an hour, $128,000 a day, $640,000 a week. Some lawyers are saying the case could eventually cost $20 million, a number which will make BF&M Ltd. shareholders shudder.
BF&M Ltd. president and chief executive officer Glenn Titterton won't say how much the company's defence team costs, but he said a reserve has been set up for expected legal bills.
BF&M's defence is after all being led by Elizabeth Gloster, one of the UK's most expensive lawyers. Ms Gloster was listed in Chambers & Partners as the only woman who made the 15-strong list of UK lawyers estimated to have earned over a 1 million (US $1.6 million) last year.
BF&M is paying for its legal team -- about five to six lawyers -- and part of the costs of the shareholders' defence. A total of 40 lawyers are involved in the case, the highest paid being the "silks'', those among the 15 barristers or "wigs'', who have been awarded the distinction as a Queen's Counsel (QC).
Under the UK system, barristers represent clients in court, while solicitors, who typically earn less, do the legal groundwork and research. In Bermuda both roles have been collapsed into one. A typical hourly fee for a Bermuda lawyer may range from $250 to $500 an hour.
According to Chambers & Partners a QC charges from 200 to 800 an hour ($320 to $1,280) and can expect to earn from 200,000 ($320,000) to 900,000 ($1.44 million)a year.
A case like Bermuda Fire, and the Thyssen-Bornemisza family feud over a $2.7 billion fortune, has attracted London's elite and they're not being skimpy about getting comfortable on the Island.
The Thyssen-Bornemisza case is set to get underway this year after preliminary matters are settled in the Court of Appeal.
Local lawyers involved in both cases have been keen to rent out their houses to these high flyers and move in with friends.
Egos are also not in short supply and there has been a fair amount of jostling for position and -- yes, name calling behind the scenes. But in court, with their wigs and gowns on, the polished wheels of justice rolls with only a few minor flare ups to indicate some of the ambitions lying underneath the politeness. All of them, after all, want to win.
For that kind of money what are the disputants in the Bermuda Fire case getting? Ms Gloster is regarded as one of the best lawyers among the lot. She is rated as among the top in six specialised areas of law, only surpassed by two other lawyers. Legal reviewers "consistently praised Elizabeth Gloster as `first rate' and a `star','', according to Chambers & Partners.
Under chancery law Ms Gloster "moves up in our tables after numerous recommendations as `a thorough cross examiner' and `has natural authority and judges listen to her''', according to the publisher. She was also cited as "very bright and good with clients''. Chancery refers to company, trust, insolvency and property law.
Among the publisher's "Top ten stars at the bar'' list Ms Gloster shared fourth place.
However her star wasn't burning brightly after she stood up to make her opening defence and promptly got admonished by Supreme Court Puisne Judge Vincent Meerabux.
Mr. Justice Meerabux was not amused by Ms Gloster's suggestion he take a day off and read all the documents she was going to present before she made her opening. Mr. Justice Meerabux told her to start right away.
Although she seemed to ramble at first, by the second day of her opening argument Ms Gloster was in full stride, getting good marks for pointing out that liquidator's lawyer Gabriel Moss, had made a mistake in believing that Bermuda Fire's contracts didn't contain exclusion clauses for pollution.
Mr. Moss and Ms Gloster at one time worked for the same client in another high profile Bermuda case which ended last year. Ms Gloster was the lead lawyer for the Electric Mutual Liability Insurance Co. (EMLICO) case in Bermuda last year. Mr. Moss acted for EMLICO in London. Now they're on opposite sides.
Mr. Moss, who represents Bermuda Fire's liquidator, was listed as the number one rated UK insolvency lawyer for 1997 and 1998 by Legal 500.
Mr. Moss, whose style is dry, monotonous and thorough, took 10 days to make his opening argument, referring in the process to about 480 documents. He exhibited an amazing memory, able to recall details of all the documents when challenged by defence teams.
He was also brash enough to protest against Ms Gloster's suggestion that the case be delayed by one day.
Chambers and Partners recommends him for chancery and insolvency matters. He belongs to 3-4 South Square, a firm led by Michael Crystal.
Mr. Crystal is one of the UK's top commercial barristers and the lead lawyer for Baron Hans Heinrich Thyssen-Bornemisza in the case due to be heard in a courtroom below the Bermuda Fire one.
The firm is cited as the "preeminent'' insolvency set by the publisher.
"There is `no need to go elsewhere' according to several practitioners,'' the publisher stated. "Some felt they were better at senior rather than junior level but "generally the whole chambers are approachable and have the respect of the Bench''. The "delightful'' Gabriel Moss is "approachable'' and a "good all rounder'', according to the book.
He has been involved in a number of major cases such as Air Europe, Barings, BCCI, and London United Investments, which was linked to Weavers, the London agency which ran Bermuda Fire's disastrous international business.
Working alongside Mr. Moss is Clare Montgomery, who is doing the cross-examination of witnesses. Chambers & Partners noted that she has moved to the top of the table of silks since her appointment last year. She is an "enthusiastic high flier with plenty of sparkle'' with a "very sharp mind'' who is "tough'' and "combative''.
The publication recommends her in crime and fraud trials. She specialises in commercial law, particularly commercial fraud and extradition.
Ms Montgomery defended Anthony Parnes in the Guinness trial and represented Kevin Maxwell in his trial. She was rated as one of the top five criminal talents by The Lawyer magazine April 19 edition.
Ranged against them is Ms Gloster, Robin Potts, Geoffrey Vos, and Ian Croxford. Richard Millett is assisting Ms Gloster and also represents BF&M's shareholders.
Big fees, big reputations drive cost of BF&M trial Mr. Potts, lawyer for the five Bermuda Fire directors accused of fraud, is full of fire and scathing, witty remarks toward his opponents. He easily goes head to head with Mr. Moss in knowing the documentary evidence.
Of the lot, Mr. Potts, 54, has the most years of experience behind him. He even took time to lecture Mr. Moss on the proper way to make an opening.
Mr. Potts, of Erskine Chambers, is recommended in banking, company, financial services, and insolvency matters.
He is the top pick among lawyers for company legal work, which includes directors duties. The firm is "The first port of call'' for company work and they continue to be "streets ahead of the rest'', according to Chambers & Partners.
Mr. Potts was recommended for dealing with company law. Ms. Gloster was rated sixth. Under insolvency law Ms Gloster was ranked first, Mr. Moss second, Mr.
Crystal third, Mr. Potts 13th, and Mr. Vos 28th.
Mr. Vos, who represents Conyers Dill & Pearman, seems a stickler for tradition in the court. He is one of the least likely to get up and interject during another lawyer's remarks.
He chided Mr. Moss for "unnecessarily'' interrupting his opening. Mr. Vos specialises in chancery and commercial litigation, particularly company law.
He was ranked number eight under chancery, and commercial law and was described as a "leading barrister'' who is "more and more prestigious all the time''.
Ian Croxford, lawyer for Cooper & Lines, can best be described as loud, loquacious and colourful, and he enjoys the description. He is recommended in construction, crime, and fraud matters and specialises in professional negligence, in particular accountants. He is ranked 26th in matters relating to the construction industry.
Sitting before the lawyers is Mr. Justice Meerabux, who is fond of drawing on quotable statements in an effort to quell disputes in court. He was appointed as Puisne Judge in early 1994 after working in the Attorney General's Chambers for about seven years drafting legislation.
Born in Georgetown, Guyana, in September 1937, he trained in the UK and was called to the bar of England and Wales in 1968. He became a magistrate in Guyana in 1971, and then moved on to the Ministry of Justice. In 1977 he became a law draftsman for the Attorney General in the Bahamas.
The following year he took over as head of the drafting division of the Trinidad and Tobago Law Commission. He held the post for six years.
In the two years prior to his arrival in Bermuda, he worked as legal advisor and legal draftsman to the Commonwealth Secretariat in England. In that period he also worked as Law Revision Commissioner assigned to the Ministry of Justie for Tonga.
Gabriel Moss Vincent Meerabux Elizabeth Gloster BUSINESS BUC
