Associate Says Ex-Firm Misused His Name on Web Site



The Connecticut Law Tribune
January 11, 2006

With the proliferation of online directories and search engines, attorneys' names can remain connected in cyberspace to their former firms for months, even years. Rarely, does it become the subject of litigation.

A former Del Sole & Del Sole attorney, however, is suing the New Haven and Wallingford, Conn., defense firm for allegedly continuing to list his name, biographical information and e-mail address on its Web site long after his June 2004 termination. Robert P. Murphy claims that, when he went to open his own firm, the Berlin Law Offices, in nearby Berlin, Conn., the following February, he discovered his name had not been removed from Del Sole & Del Sole's Web site. On March 31, 2005, Murphy claims he sent a letter to the firm asking it to take his name off the site, but it allegedly did not respond to the request.

The following month, when he went to register with various online search engines, Murphy maintains he was widely listed as still being associated with the firm. He complained again, but Del Sole & Del Sole didn't get around to updating its site until June or July of last year, according to Murphy's recently refiled complaint.

"The conflict between the false light created intentionally and/or recklessly by the Defendant in clear disregard of the truth" caused Murphy "to appear as someone who is overstating and/or misrepresenting his current status as an attorney, manager and owner of his own law practice," the complaint asserts. It also allegedly confused prospective clients and misdirected them away from Murphy and his new solo practice, he alleges. Del Sole & Del Sole, Murphy contends "committed unfair and deceptive acts and engaged in unfair methods of competition" by using his identity for its own commercial purposes.

Murphy, who is representing himself pro se, is also suing the firm on numerous other grounds, including its alleged failure to take action to prevent violence, threats and other harassment allegedly made against him by a former co-worker not named in the suit.

"The claims have no merit," said attorney Kevin Murphy, of Bridgeport-based Murphy & Karpie, who is representing Del Sole & Del Sole in the matter. Murphy, who is not related to the plaintiff, would not specifically discuss individual allegations, and Del Sole partners did not respond to numerous requests for comment.

Plaintiffs employment lawyer Daniel E. Livingston, who is not involved in the litigation, said employers are expected to take reasonable steps to end their association with a former employee. Otherwise they risk misleading the public, said Livingston, of Hartford's Livingston, Adler, Pulda, Meiklejohn & Kelly.

Bethany solo attorney Lawrence B. Eisner, whose practice includes Internet law, said it would be difficult to establish damages stemming from the online misappropriation of someone's name. A plaintiff would have the onerous task of proving how many hits his former employer's Web site received through the use of his or her name, as well as the amount of business that was specifically steered away from him or her as a result. Still, Eisner said the use of a former associate's name, despite receiving requests that it stop doing so, could possibly be construed as gross negligence or misappropriation.

Murphy, a 1997 University of Connecticut School of Law graduate, who was hired by Del Sole & Del Sole in January 2002, also claims the firm didn't remove his voicemail greeting from its telephone system for nearly a year after his firing.