Brooklyn Lawyer Marina Tylo Deserves a Good Spanking

From the annals of the truly stupid comes this latest attempt to shut down a blawger. Andrew Lavoott Bluestone at New York Attorney malpractice Blog posts about legal malpractice cases. Andy’s approach is quite straight forward, providing salient facts without much by way of commentary. Certainly nothing as snarky as here.

And what does he get for his efforts? Sued!

Last September, Andy posted about a malpractice case, Khlevner v. Tylo, in which the attorney, Marina Tylo, served a summons before purchasing the index number, which renders it defective. So Tylo ends up the defendant in a legal malpractice suit. The case was ultimately dismissed, not because Tylo didn’t screw up but because there was opportunity to undo the damage, thus leaving the plaintiff client without the necessary causation.

But Brooklyn lawyer Tylo apparently doesn’t like the fact that her name showed up in Andy’s blawg, letting anyone with access to Google know that she’s slightly less than perfect. So the case in which plaintiff’s attorney served a summons before buying the index number. Khlevner v. Tylo, 10733/07

I kid you not. This is the entirety of her claimed defamation.

Now it’s one thing to get a passing mention in an attorney malpractice blawg for having screwed up on the purchase of an index number, but it’s another entirely to think she’s going to scare off another lawyer with lunacy like this. If Tylo was worried before about her reputation, she should have given that some far deeper thought before pulling such a ridiculous, bone-headed move like this.

For those non-lawyer bloggers who harbor fears that someone is going to go after them no matter how frivolous the claim, and thus put them to the expense and aggravation of having to defend some piece of utter idiocy like Tylo’s, the good news is that Tylo has left her flank wide open for a good spanking on the counterclaim for this, and Andrew Lavoott Bluestone is just the lawyer to give it to her.

While our legal system allows any moron with a word processor and the price of an index number (or maybe not, if you happen to be like Tylo) to start a lawsuit, that doesn’t mean that they’re going to have their way.

And if the rest of the blawgosphere feels similarly, then let’s make sure that those inclined to try to use the courts to shut blawgers down and keep lawyers’ screw-up as their dirty little secret, learn that such vapid efforts to undermine speech in the blawgosphere is going to backfire on them. Perhaps Tylo will regret her decision to try to silence Bluestone as her misbegotten effort spreads across the internet.

16 thoughts on “Brooklyn Lawyer Marina Tylo Deserves a Good Spanking”

Oscar Michelen August 29, 2008 at 12:34 pm

Incredible. I know Andy Bluestone and have litigated several major matters with him. Lawyers are quick to sue anyone who makes a mistake yet cringe at the idea of suing a lawyer when they make a fatal error in a client’s case. We have to face the fact that is a adouble standard. Ms. Tylo was fortunate that the client had a remedy and it sounds like the lawyer that sued her might have jumped the gun. But besides all thatto sue for that comment is frivolous and I hope Andy gets sanctions against her. By the way, Scott, I will donate my services to you when she sues you for your comments.

SHG August 29, 2008 at 12:59 pm

I can only hope. For us, this is laughable, but for the non-lawyers, this is a serious threat, no matter how frivolous. They have a very real fear that the cost of defending, no matter how frivolous, will put them out of action. That’s why this sort of crap can’t be allowed to happen unnoticed.

Indypunditway August 29, 2008 at 2:38 pm

Thanks for your concern about us non-lawyers. I’ve seen a couple of civil lawsuits up close, and despite settling before depositions, each one was more expensive than my new car.

SHG August 29, 2008 at 5:16 pm

See, I pay close attention to everything you say. And you need to get a more expensive car.

Mike August 29, 2008 at 10:33 pm

I can’t wait to blog this. Great catch, Scott!

Mike August 29, 2008 at 10:42 pm

Agreed. I have no fear of being sued – especially for what I blog about. I know the score. Years ago, though, I would have been terrified.

Incidentally, I purchased a defamation insurance as rider to my renter’s insurance. It’s only $25 a year or something. It’s definitely something every blogger should at least look into.

SHG August 30, 2008 at 1:17 am

Thanks Mike. I couldn’t let this go by. Bennett’s on it too.

Crime August 30, 2008 at 7:42 am