With two criminal appeals and a second wire fraud trial pending, Michael Avenatti's busy 2022 also includes a case that could aid in his post-mistrial momentum: an ex-client's lawsuit against lawyer Mark Geragos over the Nike extortion plot.

Avenatti has cited the evidentiary violations that prompted his mistrial in August as a reason his three felony convictions in the Nike case should be tossed, and he warned in a recent filing that the criminal case involving Stormy Daniels is "faltering" because witnesses withheld evidence. 

Now the lawsuit against Geragos is giving Avenatti a chance to further establish a court record about Geragos' role as an uncharged coconspirator in the Nike plot, which U.S. District Judge Paul Gardephe said was a reason Avenatti deserved a light prison sentence. 

Avenatti told Law.com he was to begin testifying Tuesday in a deposition with lawyers for his ex-client, youth basketball coach Gary Franklin, whose claims against Geragos include legal malpractice, civil conspiracy, fraud and aiding and abetting.

Avenatti last week requested Gardephe lift a protective order on documents in the Nike case so they can be referenced in the deposition.

"I am agreeing to testify because I am tired of people lying about what happened in connection with the Nike matter. I want the truth and the facts to be known. Let the chips fall where they may," Avenatti said in an email sent through a paralegal in accordance with court restrictions on his Internet access.

The litigation also could come in handy should his bid to throw out his jury conviction succeed.

"Aside from his testimony, he may have an interest in seeing that litigation go forward," said Joshua Robbins, a former federal prosecutor and co-chair of Buchalter APC's white-collar and investigations practice, who is not involved in the case. "He's not a party, and he's already been convicted, so it can't hurt him. Unless there's a retrial, then it could potentially benefit him."

Geragos' lawyers did not immediately respond to a request for comment.

Deposition Comes Amid Possible Trial Delay

Filed in Los Angeles County Superior Court, the lawsuit reveals Geragos' full defense against accusations that he extorted Nike alongside Avenatti, saying Franklin "erroneously assumes that Avenatti lied to Franklin but was truthful with Geragos."

"Geragos valued his relationship with Nike, was never going to be adverse to Nike in a legal matter, and saw himself as a calming force on Avenatti," according to a July 23 filing. "Geragos was not comfortable with Avenatti's conduct, and terminated his involvement with Nike and Avenatti in relation to Franklin at the March 21, 2019 meeting or immediately afterward outside of Nike's presence."

Geragos never testified in Avenatti's 2020 trial after Gardephe rejected a motion from Avenatti to compel his testimony, or force prosecutors to grant him immunity. 

But the celebrity lawyer's involvement still loomed over the case: Gardephe said at Avenatti's sentencing that Geragos "suffered no consequences as a result of his conduct, and he was a central figure in the criminal conduct." 

Avenatti's current willingness to answer questions about Geragos under oath comes amid marked optimism about his own fate in his cross-country criminal proceedings. 

Politico Magazine on Dec. 22 ran a lengthy profile detailing Avenatti's belief that the government targeted him because of his willingness to take on then-President Donald Trump, which reignited interest in Avenatti in some political circles and generated big discussion online. And in his rejected request to be allowed outside for daily exercise, Avenatti said he "has significant reason to continue to fight the allegations against him, and remain fully compliant with all bail conditions," and cited his two appeals and the upcoming Daniels trial. 

Now the scheduling of that trial is in question: Avenatti's public defenders are asking Judge Jesse Furman in the Southern District of New York for a four-month delay after prosecutors subpoenaed information from Avenatti that he says is buried in the digital files recently released to him in his California case.

Prosecutors want the information, which includes firm financial data and records related to Avenatti's work with Daniels, to prepare for his possible testimony. And Avenatti's lawyers said in their trial continuance request, "There is a strong likelihood that Mr. Avenatti will testify in his own defense."

"Because the defense cannot possibly identify all of the materials relevant to Mr. Avenatti's defense or responsive to the government's subpoena in time for a January 24, 2022 trial date, a substantial adjournment is warranted," according to the filing, which also cites the Omicron COVID-19 variant. 

'A Danger to the Community'

Avenatti on Dec. 16 obtained permission to sit for depositions in the Central District of California from Senior U.S. District Judge James Selna, who has handed Avenatti a mix of rulings in the nearly three years Selna's had the client embezzlement and tax fraud case.