We read a blog blurb from Eric Turkowitz at his New York Personal Injury Blog which caught our eye and interest. He discusses a unique warning letter by the Dozier internet Law firm, and the potential legal malpractice consequences.
"Some lawyer at an outfit calling itself Dozier Internet Law sent a cease and desist letter on behalf of one of its clients, along with this threat:
Please be aware that this letter is copyrighted by our law firm, and you are not authorized to republish this in any matter. Use of this letter in a posting, in full or in part, will subject you to further legal causes of action.
Right. So Public Citizen, after publishing the entire letter on its website, tossed down the gauntlet on behalf of their client with this repsonse:
By this letter, we are inviting you to test the validity of your theory that the writer of a cease and desist letter can avoid public scrutiny by threatening to file a copyright law suit if his letter is disclosed publicly on the internet.
The writer of the original letter, Donald Morris, seems to have clearly done his client a grave disservice with this stupidity. (I mentioned this the other day in my personal injury law round-up, but thought this chuckleheaded conduct needed its own post.)
Perhaps his threats have succeeded before, but the result is that the letter, and the claims against his client, are now being re-broadcast across the internet."can only think of two reasons for Dozier to publish such a letter on their site: The first is sheer folly, since it draws yet more attention to the charges against the company they wish to defend.
The second is more troublesome. Is Dozier simply trying to create more controversy, and thus more links to their website and hopefully more business? That will surely be one result of publishing a letter to Public Citizen on their website instead of reaching out to them privately. But this would also raise very troubling issues regarding attorney ethics and legal malpractice since this is seems to me clearly detrimental to their client. I prefer the first explanation — that it is sheer folly and not an ethical breach — though a savvy Internet based business must surely anticipate the repercussions to their client of additional commentary on the subject.