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Cornell sues over negligence

Audioslave frontman claims ex-lawyer and accountant negligently allowed his ex-wife to co-own his musical works.

Audioslave frontman Chris Cornell has filed suit in Seattle against his former divorce lawyer and accountant, claiming they negligently allowed his ex-wife to co-own his musical works rather than simply have the right to half of the royalties.

Cornell and Susan Silver separated in October 2002 and divorced in March 2004. Silver was the manager for Cornell's former band, Soundgarden, as well as many other Seattle bands, including Alice in Chains.

For 10 years, Cornell, several Soundgarden band members, and the band's partnership used accountant Lee Johnson of Voldal Wartelle & Co. (VWC) as financial manager and accountant. Silver also used the accounting firm and Johnson for her other bands.

According to the lawsuit, when Cornell and Silver split, Johnson and VWC were unqualified to provide proper representation of Cornell in divvying up the couple's assets due to a conflict of interest. As a result, Silver allegedly continued to receive commissions for the 1992 Temple of the Dog side project that Cornell did with other musicians beyond the date she would have been paid, and was overpaid in the dissolution agreement.

Cornell, who has hired new accountants, also claims VWC and Johnson improperly accounted for Soundgarden's royalties.

Further, Cornell claims his attorney, Janet George, failed to hire a forensic accountant to dig into the couple's finances. If George had, Cornell claims, the accountant would have found that VWC and Johnson transferred a total of $100,000 from the couple's joint account to Silver's personal account a year after they separated.

Additionally, the divorce settlement agreement included a handwritten provision that Cornell and Silver would each own 50 percent of the rights to works created prior to the filing of the divorce petition.

But Silver now claims she is the co-owner with the right to coadminister any music written or recorded by Cornell prior to the dissolution date.

George "should have known that Cornell's major asset was the multimillion-dollar value of his music catalogue, past and future, and that the protection of his interest in ownership and administration of that catalogue was of paramount importance in any marital property settlement agreement with Silver," the lawsuit states.

"The adequate protection of intellectual property rights is a complex and specialized area of the law and drafting a document that resolves competing ownership interests, and other issues such as the right to administer, in intellectual property is outside of the competence of attorneys who do not practice in the area regularly."

George did retain an intellectual property attorney, but she allegedly failed to use him when it came time for the settlement agreement to be signed.

The lawsuit, filed in King County Superior Court by Seattle attorney Mark Johnson of Johnson & Flora, claims professional negligence against all the defendants as well as breach of fiduciary duty and a demand for accounting against VWC and Johnson.

George did not return calls seeking comment. Johnson could not be reached for comment because he is on vacation.

The case is Cornell v. Voldal Wartelle & Co., 06-2-24639.