Benjamin Brafman in his midtown New York law office. (Photo: David Handschuh/NYLJ)

The bold headlined article, published on Monday, June 4, 2018, entitled “Suit Against Weinstein Claims Brafman Firm Deceived Client,” was astoundingly inappropriate.

The federal complaint in question, drafted by attorneys for alleged victims of Harvey Weinstein, demonstrates how people with law degrees and access to the federal courts are able to insulate themselves from what, in any other forum, would be rank libel. The suit alleges that a “partner” of Ben Brafman misled some of the alleged victims by indicating that he was desirous of representing them in an effort to receive their  information for proposed actions against Weinstein, while at the same time—it is claimed—Brafman was in the throes of an egregious conflict of interest because he was already representing Weinstein. The attorney in question, however, was never a “partner.” Rather, he was an associate who had already left the firm at the time of his claimed misrepresentations to the alleged Weinstein victims.

I have been “of counsel” to Ben Brafman’s firm for 24 years, and have known him, and been close friends with him since 1973. He is far and away the most ethical, gifted and passionate attorney I have ever known in my own 44 year career, as both a prosecutor and a defense attorney. The lawyers who irresponsibly drafted this complaint, without ascertaining the facts, have taken egregious cheap shots at the reputation, ethics, and professional standing of one of this country’s foremost and most reputable attorneys, ostensibly in a rather repugnant effort to garner greater publicity.

The Law Journal only compounded this impropriety by its decidedly  misleading headline. This should be rectified.

Mark M. Baker Of Counsel, Brafman & Associates, P.C.