Emailgate: Attorney Doug Risen is Very Angry at PDQ For Posting His Shit

Remember 1701 South Street from Monday?   It didn’t take but 24 hours for word to reach back to attorney Douglas M. Risen that he’s the star of a settlement negotiation to develop 1701 South Street.   He is the most vocal of the appellants (and neighbors) who are absolutely-totally-against 1701 South Street being developed to ZBA-approved plans….  unless of course, one pays him and his co-appellants enough money and then they’ll stop whining about it.

Attorney and litigant, Doug Risen (click for bio at Berger & Montague, P.C.)

Yesterday afternoon, Mr. Risen fired off this screed to the developer, Eugene Bukh:

From: Doug Risen <drisen@bm.net>

Date: January 29, 2013, 12:46:14 PM EST

To: Eugene Bukh

Cc: “Craig R. Lewis” <rlewis@kaplaw.com>, {snip}

Subject: 1701 South Street

Eugene,

It has come to my attention that you have publicly posted selections from our confidential settlement negotiations on a blog.  Remove them immediately.

Each and every email communication stated specifically that:  “The information in this transmittal may be privileged and/or confidential.  It is intended only for the recipient(s) listed above.  If you are neither the intended recipient(s) nor a person responsible for the delivery of this transmittal to the intended recipient(s), you are hereby notified that any distribution or copying of this transmittal is prohibited . . .”

Your blog posts violate the prohibition against copying and transmitting confidential information.  They also constitute copyright infringement, and as unfairly presented, are potentially libelous.

Apparently you have no actual interest in settling the land use appeal.  So we will see you in Commonwealth Court.

Additionally, I intend to prepare a lawsuit against you for the egregious conduct described above.

-          Doug Risen

Poor Eugene.  Doug apparently doesn’t understand who wrote the post and he’s swinging his fists in dead air.   So here’s my personal message to Doug’s vapid legal threats.

This is for you, Doug:

• You aren’t the lawyer representing a client in this case, you are among the participating litigants.  (Yeah, you put in an entry of appearance as counsel on the case, but you own one of the non-conforming Rodman Street homes next to the lot–let’s not kid ourselves.)   You are being represented by attorney Craig Lewis of Blue Bell, PA.  You even copied him on your e-mail threat to Eugene.  Ergo, the e-mail you sent was not privileged attorney/client work product.   If this was an e-mail between you and Craig Lewis discussing the matter, THAT would be protected communication.
• E-mails between clients and their lawyers are INADMISSABLE documents, not “protected from publication” documents.  If the e-mails escape into the outside world, the only thing you are protected from is them being used against you in a prosecution.
• There’s nothing copyrightable about the e-mail demands for cash you’ve been sending to Eugene, and anyways… I am protected by publishing your screeds under the Fair Use clause.
• Your threat to Eugene for “you have publicly posted selections from our confidential settlement negotiations on a blog” is vapid.   Your e-mail threats to Eugene demanding cash to drop your zoning opposition were so idiotic, he couldn’t help but forward them to close confidants, who then forwarded the e-mails to me.   I reposted what I received in my own e-mail inbox.    Eugene didn’t post anything to any blog, anywhere.

And Doug, I am just a lowly layperson.  I am not a lawyer.   But wow… I sure know a SLAPP-threat when I see one.    Do you know what a SLAPP is?   Here, I’ll Google it for you.