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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:
                1. Communicate or cause another to communicate on the subject of the representation with a party the lawyer knows to be represented by a lawyer in that matter unless the lawyer has the prior consent of the lawyer representing such other party or is authorized by law to do so.
                2. Give advice to a party who is not represented by a lawyer, other than the advice to secure counsel, if the interests of such party are or have reasonable possibility of being in conflict with the interest's of the lawyer's client.

        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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