Are the Lawyers for Major League Baseball Properties being unethical? |
       
The Lawyer's Code of professional Responsibility is the
code of ethics for New York lawyers. Many of the rules are
consistant with those throughout the United States. We think
the lawyers representing Major League Baseball Properties
are being unethical.
        DR 7-104 [§1200.35] Communicating With Represented and Unrepresented Parties says:
       
A. During the course of the representation of a client
a lawyer shall not:
       
What this says is that every email and letter sent by these
New York lawyers to alleged "violators" of the trademarks and
copyrights of Major League Baseball should include the
admonition to consult their attorney, and if they do not have
an attorney, they should get one. Sort of a "Miranda" warning
because of possible court action.
       
And, these lawyers are making demands that the "alleged" infringers
supply them with information about their "alleged" activities
and any monies received, etc, all of which can later be used
in court against them. All without warning the "alleged"
infringer that they should seek legal advice BEFORE
replying to these demands.
       
The lawyers representing MLB Properties have not given warnings.
What they have done is make unethical monetary demands from
the alleged "violators" in return for not taking the dispute
to federal court. These demands are arbitrary amounts that
appear to be 50% of "earnings" from the alleged "violations".
Federal laws allow for the rights holder to be compensated but
AFTER a court hearing determining guilt and then by
direction of the court. Federal laws do not allow the lawyers
representing the rights holder to determine, or demand, any
monies. In our opinion, they have been using threats and
intimidation to extort money from folks engaged in perfectly
legal enterprise.
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