Birkhead's Lawyer to Anna: Brace Yourself

The photographer's attorney warns Smith that her questioning will be tough

The attorney for Larry Birkhead, who claims paternity of Anna Nicole Smith’s newborn daughter, is gearing up to take a deposition from Smith – and she warns that her questioning will be brutal and that she’ll try to get under the new mom’s skin.

Lawyer Debra Opri is expected to get permission to do the deposition after the next court hearing in the paternity case, scheduled for Oct. 26. Opri was knocked down in her initial attempt Wednesday to get a court order seeking a paternity test to prove that Birkhead is Dannielynn Hope’s father.

Smith’s longtime lawyer and companion, Howard K. Stern, with whom she recently held a commitment ceremony, says the child is his.

Opri says she’s prepared to go to the Bahamas to take the deposition herself. “I’ll be taking your deposition for a really long time – get ready,” Opri says, addressing Smith. “I’m going to crawl under your skin.”

Sources say Smith’s attorneys are expected to file a motion to quash at the next hearing, which would open the door for Birkhead to seek the deposition.

Smith’s attorney Ron Rale tells PEOPLE that Opri’s behavior is insensitive, inappropriate and unethical.

“On the human side, what kind of lawyer calls or tells somebody these kinds of threats when they are grieving the loss of a child?” Rale says. “I think it’s despicable.”

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