The Probate Lawyer Blog

Former Lawyer of Britney Spears Officially Restrained

The Britney Spears Conservatorship legal battle has taken some interesting twists and turns.  I discussed some of them in my prior post about the case, including the attorney who claimed he had been hired by Spears to fight her father in court.  This lawyer, Jon Eardley, told the court that Britney's father, Jamie Spears, was wrongly controlling her and that she should have her legal rights to make her own financial decisions returned to her. 

Not only did Eardley lose, but Jamie Spears sought the extraordinary step of a restraining order against the attorney, seeking to protect Britney from him for years.  Yesterday, this request was granted.  A California judge issued an order preventing Eardley from trying to take any action on her behalf, including filing legal pleadings for her.  He was also ordered to stay at least 100 yards away from her and her kids, and refrain from all contact.  Eonline obtained a copy of the restraining order, which you can read here.

Eardley had tried -- unsuccessfully -- to force Britney to appear at the court hearing to help him defend against the restraining order request.  He argued that if she was well enough go on tour, she could appear in court and support his claim that she voluntarily hired him. 

Britney Spears Conservatorship Case

Many people assume that probate and estate planning issues are only for the elderly.  They think that it's nothing to spend time worrying about until they're at least 80.  Seasoned probate litigation attorneys know better.  Every family has to address these important legal issues sooner or later; sometimes much sooner than they think.  And when proper planning isn't done, it can often lead to trouble.

The Britney Spears case presents a good illustration.  At the tender age of 26, she became subject to a court-ordered conservatorship and guardianship.  Her father, Jamie Spears, has the legal right to make decisions for her, including controlling her finances (which are extensive).  The judge allows him to pay himself more than $16,000 every month, from his daughter's money.  Given the remarkable turnaround in her life and her career, this fee may be well worth it.

In fact, Britney now seems to be in favor of her father's control.  In October of 2008, she agreed not to oppose her father's request to continue the conservatorship indefinitely (it was originally set to expire at the end of 2008).  Think this means the court case is done?  Not so fast.

Last week, an attorney named Jon Eardley, returned the case to court.  Eardley, just over one year ago, claimed that Britney had asked him by telephone to represent her to fight the conservatorship.  He even took the highly unusual step of trying to move the case to Federal Court, arguing she was denied a fair trial in the California Superior Court where the case was pending.