I have no idea whether Kesha was raped by Dr. Luke.
But I do know the singer has a bad lawyer. This is the same guy who represented Winona Ryder, who was accused of shoplifting. Rather than copping a plea and having it go away, he turned it into a cause celebre that resulted in a media circus and ultimately Ms. Ryder's career was devastated. Is Mark Geragos doing the same thing for Kesha here?
A good lawyer looks at the desired result, what he wants to achieve for his client.
What did Geragos want to achieve for Kesha?
It doesn't appear to be a conviction of Dr. Luke on charges of rape. Because there is no criminal case. Rather this is a purely civil matter, it appears Kesha just wants to get out of her contract.
But this is nearly an impossible thing to do. At best you can make a deal, have another label pick up the rights and pay back the original owner. But Geragos is playing the long ball, with Kesha's career at risk. He wants the contract invalidated on a rape that was once denied by his client and will be hard to prove.
This has got nothing to do with whether the rape happened or not. This is about goals, and how to achieve them.
One can argue the result proffered by Sony and Dr. Luke is a pretty good one, the ability to record without Dr. Luke's involvement. As for Kesha's allegation that benefits will go to her "rapist"… A good attorney tells his client not to try for everything, but to get as much as she can.
I won't walk you through the mumbo-jumbo of what the judge said yesterday. There are issues of jurisdiction, but there are also instances wherein the judge says Kesha's case was not supported by enough evidence, which also indicates shoddy lawyering.
But, once again, good lawyers focus on result.
Marcia Clark, et al, were so busy entering all evidence, boringly, that the O.J. Simpson jury tuned out. Whereas Johnnie Cochran knew a trial was a drama, a play, that had to entice and convince the jury. Who wants to watch a bad show?
But that's a criminal case. But I bring it up to show just because you believe someone is guilty, and they just might be, a bad lawyer will have a hard time convicting them.
I can't think of a single instance wherein an artist under contract has been able to walk away with impunity, not one. This is a novel theory, that Kesha should be able to do this because of rape. It could possibly be won, but what are the odds, and at what cost?
The odds are low.
And the cost to Kesha is her career.
Didn't Kesha's team allege that musical careers are evanescent?
Did George Michael's career ever recover from suing Sony?
This is business. I sympathize with those who say rape is hard to prove. But, once again, Kesha is trying to get out of her contract, that's her main goal. Is her attorney helping her achieve this?
Right now, no.
And the clock keeps ticking and ticking.
"New York State Judge Rejects Kesha's Claims in Dr. Luke Case": goo.gl/b47DvE.