Court docket Punishes Copyright ‘Troll’ Lawyer for Consistently Lying to The Court

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Above the earlier quite a few a long time, impartial photographers have submitted additional than a thousand lawsuits versus providers that allegedly use their function without the need of authorization.

As several targets are mainstream media outlets, these can be seen as David vs. Goliath battles. Nevertheless, the mother nature of these instances is described as basic copyright-trolling by many.

The driving force guiding this copyright crusade is New York law firm Richard Liebowitz, a former photographer, who explained his motives to TorrentFreak when he just acquired his business started out additional than 3 a long time back.

“Companies are applying other people’s tough do the job and profiting off of it. It is crucial for photographers and the resourceful group to unite and stand up for their rights and protect their work,” Liebowitz stated.

In the many years that adopted Liebowitz filed hundreds of new scenarios a calendar year, attempting to get hold of settlements. Though a lot of of the photographers have a authentic claim, the lawyer’s antics had been more and more criticized the two in and outside of courtroom.

In recent months, matters only bought even worse.

In a situation that was submitted on behalf of photographer Jason Berger, targeting Imagina Consulting, Liebowitz failed to show up at a discovery hearing very last April, without having informing the court docket.

The attorney later on described that this was owing to a death in his family. Nonetheless, considering the fact that there were other troubles that put the lawyer’s trustworthiness in question, Decide Cathy Siebel made a decision to ask for proof or documentation about who died, when, and how he was notified.

In the next months, Liebowitz discussed that his grandfather experienced handed away on April 12, but he did not deliver any documentation to back this up. Even after the court docket imposed sanctions of $100 for each company working day he didn’t comply, almost nothing came in.

Instead of giving evidence, the lawyer appeared to retain stalling, even though stating that a death certification is a personalized issue.

This led some folks to wonder regardless of whether Liebowitz’ grandfather had in truth passed absent. Frustrated with the refusal to comply with her requires, Decide Siebel elevated the sanctions to $500 for every day earlier this thirty day period, criticising the law firm for his habits.

The buy (pdf), picked up by Regulation360, instructed the New York attorney to show up in court this week, to explain “why he ought to not be incarcerated” until he provides documented evidence.

“Failure to seem as directed will topic Mr. Liebowitz to arrest by the United States Marshals Provider with out more recognize,” Judge Siebel wrote.

It turns out that an arrest wasn’t necessary as Liebowitz did present up at the listening to this week. Noticing that there may perhaps be difficulty forward, he entered the courtroom with two felony defense attorneys at his side, for what would become a turbulent hearing.

After six months, the law firm eventually presented the loss of life certificate the courtroom experienced requested. This proved that he did not lie about the dying of his grandfather, but he hadn’t been truthful both as this transpired a few times earlier than Liebowitz reported, on April 9.

Judge Siebel wasn’t happy about this, to say the minimum. According to The Smoking Gun, which lined the scenario in detail, she said that Liebowitz “chose to repeat that lie 6, 8, ten times” as element of a “long-time period campaign of deception.”

“I problem Mr. Liebowitz’s fitness to follow,” Seibel extra at just one issue during the listening to.

Liebowitz’s attorney, Richard Greenberg, who has acknowledged the law firm and his family members for decades, discussed that his client’s misrepresentations were being not “intentional” and that he “was in a daze” adhering to the loss of life of his grandfather.

Nevertheless, Judge Seibel didn’t tumble for this and countered that it would be “completely implausible” that this “haze” would have continued for months. In accordance to her, Liebowitz intentionally lied to the courtroom, noting that it was obviously not an truthful oversight.

Greenberg also experimented with to get the sanctions lowered, which he stated had risen to $3,700 around the earlier months. According to a letter sent to the court earlier this week, the legal professional noted that Liebowitz experienced by now paid a high cost for his wrongdoing, which includes terrible publicity.

“Richard has experienced terrible publicity as a outcome of being held in contempt and threatened with incarceration by this Court. And of system Richard, a youthful and inexperienced attorney, is worried of the injury to his skilled job as a final result of his perform and these proceedings,” Greenberg wrote.

“At the chance of showing to decrease the seriousness of this subject, which counsel would not dare to do, counsel urges this Court docket to obtain that Richard has suffered or been penalized sufficient for his lapse or misconduct,” the letter (pdf) provides.

Judge Seibel didn’t appear confident by these arguments although, and Liebowitz had to cough up for sanctions. In accordance to Leonard French’s protection, he compensated $3,700 in court. That was $100 short in accordance to the Choose, but she accepted it nevertheless.

The before contempt rulings also carry far more terrible news for the law firm. He now has to disclose these to other courts as nicely as possible consumers, which possible does not enable his organization.

In addition, Decide Seibel has referred the matter to the Grievance Committee, which will choose if further more sanctions are ideal, which could direct to trouble at the New York bar.

Pointless to say, this is yet additional undesirable information for the legal professional. He can continue to exercise regulation, at minimum for now, but anyone would seem to concur that the legal professional needs support and not just on the lawful entrance.

Liebowitz’s possess attorney and family members buddy, Greenberg, recommended him to enroll in a CLE study course to master how to deal with a modest legislation business. In addition, he was encouraged to seek psychotherapy to offer with various other problems.

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Written by David Minister

By David Minister

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