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44 ¦ DECEMBER 9, 2019 EXPERT OPINION

¦ From BOIES AND POTTINGER on PAGE 43 behalf of our clients. I am not going to character-
reads: “The NYT intentionally and inaccurately ize the nature and extent of our interactions.”
conflates the actions of a lawyer who does not Clearly, Pottinger is indicating that he and Boies
practice at or with BSF—and who has different cli- were a team. He added: “Because we were pursu-
ents with different claims and different economic ing justice for our clients, I do not believe that my
arrangements than BSF—with the actions of Da- actions, or his, have compromised either of our
vid Boies.” reputations.”
(In response to our request for comment, Jor- And Pottinger, too, claimed that he exercised
dan Cohen, the Times’ communications director, lawyerly caution: “I myself went to the U.S. At-
issued this: “We’re confident in the accuracy and torney’s Office to report Kessler two days after he
fairness of our story.”) met with me and lawyers from
So, we’re back to this question: A recent New York Times the Boies Schiller firm at their
article portrays Boies and office.”
Was Boies careless in affiliating
himself with Pottinger? And his old friend J. Stanley Moreover, Pottinger said, “I
why was Boies so out of the loop Pottinger as suckers of a then called the FBI and reported
about what Pottinger was up to? con man who goes by the Kessler in the same manner, and
(According to the Times, Boies also conferred with the Bureau
didn’t know about Pottinger’s name Patrick Kessler. on how to create a safe harbor in
text exchanges with Kessler the event that Kessler delivered
in September until the Times videotapes that might contain or
showed it to him in November. constitute contraband.”
And it was at that meeting with
the Times that Boies reported Ultimately, both direct their
came to the conclusion, “I think anger at the Times. To support
[Kessler] was a fraudster who his view that the Times was bi-
was just trying to set things up.”) ased, Pottinger also sent me a
much more measured commu-
Though the firm’s statement nication he had with Kessler
seems designed to distance itself about his concerns that he said
from Pottinger, Boies doesn’t the Times chose to disregard.
sound so sure, even now. “Pot- Pottinger said the Times prac-
tinger and [his partner] Brad ticed “shoddy journalism.”
Edwards have been representing
Epstein’s victims longer than I Of course, it’s possible that
the Times cherry-picked certain
have. They probably represent more victims than episodes to write a zippier story. But one thing is
anyone else.”
When I described Pottinger as a wild guy, Boies certain: If you’re the brilliant David Boies and it
responded: “If you talk to him, he’s not quite as looks like you’ve been conned by a con—expect to
wild.” be pounced. ¦

And what about Pottinger? Does he feel respon-
sible that he sullied his friend Boies’ reputation Vivia Chen is a senior columnist at The
with those text messages he sent Kessler? American Lawyer and the creator of The Ca-

Pottinger emailed me this response: “David reerist blog. Contact Vivia Chen at vchen@alm.
Boies and I worked together on this matter on com. On Twitter: @lawcareerist.

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