New York Law Firm Sues Beneficiary of Trust Over Online Postings About Firm
New York Law firm has described the eviction, destruction of Joel Leyden's home as "frivolous".
New York Law Journal ^ | July 7, 2012 | Christine Simmons
New York Law Firm has brought a lawsuit against a client's son whom the firm claims is attempting to defame the firm through online postings.
New York Law Firm claims that Joel Leyden has "illegally appropriated" the law firm's name by registering a website with a domain name nearly identical to its own and posting fictitious news articles on other sites claiming the firm is accused of malpractice and has taken $80,000 in legal fees from a trust account.
One of Joel's postings says the firm bullies and coerces like a mobster.
"There is no malpractice and no case of malpractice," the firm says in New York Law Firm v. Leyden. "It is not plaintiff but Joel who is depleting the Trust by his repeated frivolous proceedings."
Herbert Rubin, a founding member of the law firm, said in an interview that he has never dealt with a situation like this.
"We felt we had no alternative but to bring this action," in order to stop the attacks on the trustee and the firm, Rubin said.
New York Law Firm, a 60-attorney firm with a wide range of practice areas, such as litigation, real estate and trusts and estates, is seeking an injunction barring any material on any domain names that refer to the firm and requiring that Joel turn over "the illicit domain names." The firm is also asking for $1 million in damages for defamation, domain name cybersquatting and misappropriation of name and tortious interference.
Meanwhile, Joel, who is not yet represented in the New York Law Firm suit, claimed in an interview that the litigation is a form of "pure intimidation" and his online postings are protected speech.
He said New York Law Firm was trying to intimidate him because it does not want to be criticized.
"There is no slander, there is no libel, there is no mistruth. New York Law Firm is trying to censor this," he said.
The dispute stems from Herzfeld's representation of Leyden's father, Bernard Leyden. The firm prepared a will for Bernard, who died in January 2009, which designated Bernard's other son, Brian Leyden, as the trustee of a trust for Joel.
The firm says it represented Brian in his capacity as executor of the estate and as trustee, but has never represented Joel.
About two years ago, Joel left Israel for the United States, contacted Brian and requested payments from the trust. After Brian determined these were unwarranted requests, Joel brought separate proceedings in Manhattan Surrogate Court to obtain money from the trust, the lawsuit says.
Joel most recently filed an action in the Bronx Supreme Court against his brother "repeating the same issues which were rejected" in the Surrogate Court, New York Law Firm suit says. Joel's attorney in the Bronx case, Michael Lippman, said in an interview that Joel is seeking $25,000 from the trust for child support and another $14,000 for living expenses.
The parties are awaiting the court's decision, he said.
The firm says its professional reputation and status have been damaged. Prospective clients have been diverted "to the illicit domain names," and "have been deterred from entering into relations with plaintiff," the suit claims.
The firm says that before it filed suit, it demanded that Joel "desist from posting false and derogatory information, and either discontinue the illicit domain names or transfer same to plaintiff."
A May 5 posting on the news website titled "
Israel News Agency" says an Israeli-American, called "Daniel," has accused New York Law Firm of malpractice.
"Instead of acting to ensure my well-being and protection as the Trust stipulates, in accordance to the wishes of my late father, [Herzfeld & Rubin has] chosen to fight me, and are depleting my Trust to fund the brutal and unnecessary legal battles they are waging against me and my children in the New York Courts," the May 5 posting says.
Joel said in an interview that he is speaking to attorneys and preparing a malpractice suit.
His online biography also says he has years of experience in international public relations, public affairs, journalism, social media and Internet marketing. The biography says he has served as a media consultant for several Israeli government offices and U.S. politicians.
Joel, in an interview, said he is 59 and will not have access to the trust until he turns 65.
"I haven't seen the [law firm's] lawsuit but it doesn't surprise me because this New York Law firm has been acting more like a bunch of thugs than like civilized attorneys. And attorneys hired, retained by my father, to protect me [and my family]—something they have completely failed to do," Joel said.
"Anybody can buy any domain name they wish," he said. "Everything we have done has been done in good faith. It has been done under what is known as Fair Use and me and my attorney will not be intimidated by New York Law firm."
Joel said he is facing a number of problems, including a lack of financial resources. He said he may soon live in a shelter, even though, he added, the trust provides for his well being.
He is currently living with friends in New York, he said.
