Diddy
Sean Diddy Combs leaves solitary confinement after a prison brawl at FCI Fort Dix as his release date shifts Nicolas Richoffer / Wikimedia Commons

Sean 'Diddy' Combs' lawyers have asked a New York judge for permission to quit his $100 million (about £74.5 million) defamation lawsuit. They told the court he has not paid a substantial balance of legal fees, costs and expenses for more than six months and claimed there has been a 'total breakdown in cooperation and communication' with their client.

The request concerns Combs' still-active civil case against Courtney Burgess, attorney Ariel Mitchell and Nexstar Media Inc, which operates NewsNation. Sher Tremonte LLP cannot formally stop acting in the case unless the court grants its pending motion.

Combs disputes the firm's account and says he decided to switch lawyers because of what he described as overcharging and bills for work that had not been approved. The fee dispute has not been decided by a court, and the withdrawal request does not establish that Combs owes the amounts alleged.

Sher Tremonte Seeks Court Permission To Withdraw

Sher Tremonte LLP filed its motion in the US District Court for the Southern District of New York, where the defamation case is being heard. The application relates only to who represents Combs and does not decide the merits of his lawsuit.

The firm alleged that Combs was 'in substantial arrears' and had not made himself available for timely, substantive and direct discussions about his legal matters for more than four months. It said the alleged communication problems had made continued representation 'unreasonably difficult'.

It was reported that Michael Tremonte, a partner at the firm, said Combs had not paid a substantial balance of attorney fees, costs and expenses. The outlet also reported that the parties may be open to mediation or a settlement conference in the wider litigation.

The motion does not resolve the parties' disagreement over billing or determine whether Sher Tremonte LLP's allegations are correct. A ruling on the application would decide only whether the firm has grounds to withdraw as counsel.

Read more

Combs Challenges Unpaid Fees Account

Combs said the decision to change lawyers was his. His representative, Juda Engelmayer, described the disagreement as a business dispute over charges Combs said were not authorised.

'I made the decision to switch lawyers because I won't let anyone take advantage of me by overcharging me and running up bills that were never approved,' Combs said. 'This is strictly a business matter, and any talk about unpaid fees is just part of our dispute over those unapproved charges.'

Tremonte disputed Combs' claim that the firm had overcharged him. He said Sher Tremonte LLP had represented Combs 'zealously and very efficiently under challenging circumstances' and described the invoices as 'long overdue'.

September Court Order Narrowed Lawsuit

The case had already been narrowed by an order issued on 4 September. US District Judge John P Cronan dismissed three claims against Nexstar, allowed one claim against the company to proceed, and denied Mitchell's motion to dismiss.

The order did not determine whether any statement about Combs was true or false, whether the defendants acted with actual malice, or whether any defendant is liable. It ruled only that parts of the case met the legal threshold to proceed at that stage.

Combs alleges that Burgess, Mitchell and Nexstar were responsible for false and defamatory statements aired on NewsNation. The claims concern spoken allegations and form part of a broader defamation action.

Telephone Conference Scheduled

The parties are due to take part in a telephone conference on 17 September to discuss the next stage of the case. Court directions identified possible mediation or a settlement conference among the matters to be addressed.

If the judge allows Sher Tremonte LLP to withdraw, Combs would need an attorney to assume representation in this particular litigation, unless another lawyer already acting for him formally takes over. The potential change of counsel would affect management of the case, not the validity of the surviving claims.

The current court application therefore adds a procedural dispute to a lawsuit that remains active in narrower form. The next developments are expected to be the decision on Sher Tremonte LLP's withdrawal request and the outcome of the scheduled conference.

Writer's pick