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Backlit computer keyboard, file photo. REUTERS Kacper Pempel

Lawyer must remove allegedly defamatory comments from Web: court

10/4/2012 COMMENTS (0)

By Jessica Dye 

NEW YORK, Oct 4 (Reuters) - A Manhattan judge has ordered a lawyer to take down allegedly defamatory statements he posted on the Internet in response to negative reviews he believed had been written by a former client.

State Supreme Court Justice Cynthia Kern on Tuesday said lawyer Robert Feldman must take down the statements in which he described his former client -- Brooklyn law student Donald Glassman -- as "emotionally disturbed" and said he had "harassed or victimized several young women," according to the ruling.

Feldman also wrote,"'(Plaintiff) was found guilty after trial by a jury of his peers of RAPE (sic) in Manhattan. As his attorney, I got the verdict reversed...,'" the ruling said.

The judge said her ruling was based on Feldman's failure to appear for oral argument on a motion to force him to take down the statements.

Glassman hired solo Manhattan practitioner Feldman in 2007, after Glassman was convicted of non-forcible rape in the third degree, according to the ruling.

Feldman was to represent Glassman at a post-trial hearing on a motion to set aside the verdict, but Glassman fired Feldman in April 2008, saying Feldman had put his interests ahead of his own, according to Glassman's complaint.

A court ultimately set aside the guilty verdict, finding that Glassman's trial attorney, Howard Blau, had rendered ineffective assistance of counsel, according to a lawyer for Glassman in the defamation case, Alexander Levine.

Blau, who was disbarred in 2009, could not be reached for comment.

After a second trial, Glassman was acquitted of the rape charges, according to the complaint.

"UNSCRUPULOUS"

In 2010, two negative reviews of Feldman were posted anonymously to a website, www.RipoffReport.com, which publishes consumer complaints against companies and individuals, according to the ruling. One of the comments, posted in July 2010 and still available on the website, called Feldman "the most unscrupulous lawyer."

Feldman responded on www.RipoffReport.com to the comments in late 2011, saying they were authored by Glassman, whom he called "emotionally disturbed" and accused of "harassing and victimizing" several women, the ruling stated.

Feldman's comments also were posted on www.about-lawyers.com, a legal news aggregator, according to Glassman's complaint.

In June, Glassman sued Feldman, seeking damages for defamation and intentional and negligent infliction of emotional distress. Glassman denied in his complaint that he had posted the original comments.

Feldman's response on the website was unfairly accusatory and posed a threat to his future legal career, t he complaint said.

Glassman filed a motion seeking an interim injunction to keep Feldman from making future defamatory remarks and seeking to force Feldman to take the comments down.

On Tuesday, the judge directed Feldman to remove the statements from various websites or to direct the sites' editors to remove them.

Kern, however, declined to enjoin Feldman from making defamatory statements in the future, saying that Glassman's claim that the comments could damage his future legal career were "insufficient to merit a prior restraint on speech."

Feldman said he and his lawyer, Daniel Kim, had never been notified about oral arguments on Glassman's motion. But Glassman's lawyer, Levine, said that notice of the hearing had been sent out electronically by the court.

A 2009 malpractice lawsuit filed by Glassman against Feldman stemming from the 2007 rape case is pending.

In 2010 Glassman won a $500,000 judgment in a malpractice case against his original trial attorney, Howard Blau. Blau was disbarred from New York state in 2009 and could not be reached for comment.

The case is Glassman v. Feldman, New York State Supreme Court, New York County, No. 102988/2012.

For Glassman: Alexander Levine and Igor Vaysberg of Levine & Vaysberg.

For Feldman: Daniel Kim.

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