If You Want To File a Complaint Against Higbee

[icepick]

If you want to file a complaint against Higbee I've compiled links for each of the states he is licensed in. All can be done online except 2. I'll probably put together pre-filled PDFs for those 2 later. If you plan on doing more than one, cut and paste the narrative part so you don't have to keep re-typing it. You can file a complaint anywhere and everywhere, I'm not aware of any residence requirements.

If you want help on how to identify the ethics rules he may be violating in your case, send me a private message and I may be able to pull out the key points to hit in your case.

You must have written or recorded evidence: either letters, e-mails, or voice-mails. He said/she said doesn't get very far. His being mean to you doesn't get very far.

But some of the deception he has employed in dealing with his victims can get very far with the right evidence. For example, if he has solicited you to give him a copy of your business insurance so they can help you get them to pay him. That is a big red flag and potential actionable violation. I can only imagine the other kinds of things he's done after hearing that one.

Here is the link

https://docs.google.com/document/d/1iSKN9w4ztliMzN-L1UE7tVsVPfmOR268C-ZCGNGZqYE/edit?usp=sharing

Update 10/3 - I did some more digging. For every state on that list except Texas and California the rules Higbee is probably most likely violating are Rule 4.1 and 8.4 in each state. Higbee violates 4.1 if he makes misstatements of material facts to non-clients and some of his written statements I've seen might cross that line. Higbee violates rule 8.4 if he engages in conduct involving deceit, dishonesty, misrepresentation, etc which is a bigger gray area that he might be in violation of with several of his tactics. I think that request for business insurance "so he can help you" can easily fit in 8.4.

In Texas, the rules are 4.01 and 8.04. Same rules, just numbered differently. I actually could not find a black letter rule for California, but when I called them they said to file the complaint anyway and they will review it for any violations if applicable.

I'm pretty sure, but not positive, that if he is found in violation in a state where he is licensed in it gets reported back to California and they can take a look that way for any California discipline. And one last twist, the downside of being a "national law firm" is he is subject to ethics rules of every state he is licensed in which can then rubber band back to his home state, the cost of trying to run a big scam.

[Robert Krausankas (BuddhaPi)]

folks should also know that they have the right if they feel they are being wronged to filed a complaint with the states attorney general, this could be done in every state he is "licensed" in.

[kingkendall]

  For example, if he has solicited you to give him a copy of your business insurance so they can help you get them to pay him. That is a big red flag and potential actionable violation. 

Can you expand on this?  What specific rule is in violation here?

[icepick]

It depends on the details but the general rule is a conflict of interest. He is representing someone who wants to sue you. He has a certain result he wants which may conflict with giving you the independent advice that your attorney is supposed to give you about the insurance in this example. It is an ethical violation in many states for an attorney to hold himself out to you as representing you and doing what is best for you when he is obviously conflicted since he represents your adversary who wants to sue you. It won't get him disbarred or suspended on the first complaint, but the grievance committees would certainly take a closer look at how he is interacting with his targets and it may scare him straight from becoming a repeat offender.

Most attorneys fear the grievance committees more than anything else because they impact your ability to work more than consumer complaints and civil suits as well as raising insurance premiums.

  For example, if he has solicited you to give him a copy of your business insurance so they can help you get them to pay him. That is a big red flag and potential actionable violation. 

Can you expand on this?  What specific rule is in violation here?

[Matthew Chan]

Icepick,

You have me very intrigued. I am tracking reports people are submitting to me. And the Higbee folks are getting bolder with reports of their outbound phone calls/voicemails.

Regarding the business insurance aspect, this tactic has been used by a number of the copyright extortion industry. However, you have perked my ears up by your implication that this may actually be a potential State Bar violation.

I heard (and spoke) with a lawyer who reached out to me with some new information and updated which I need to publicize in regards to the Higbee/Nick Youngson situation.  He feels that some Higbee's clerks are walking a dangerous line of practicing law without a license negotiating on behalf of Higbee.

It does appear that a few copyright defense lawyers are reading ELI and helping their clients defense against some of the shadier/edgier tactics that is being reported by some victims.

I invite you to contact me directly at matt30060 / gmail.

[icepick]

Here is a link to a pre-filled California bar complaint form. The blank portions are at least fillable electronically.

https://drive.google.com/file/d/0B6ZBMFkSS0ADZ3BFeHBwczRjbE0/view?usp=sharing

[Matthew Chan]

OMG, this is just what every young lawyer looking for street cred needs on their record.

Actually, this happened to a couple of Getty Images lawyers a few years ago who were overly aggressive. A Getty victim filed a bar complaint against one of Getty's outside lawyers and I was told she found herself having to answer the complaint against her and defend the accusations to the local State Bar. (This is what was told me by the victim)

A bar complaint for allowing their underling clerks to practice law, asking for business insurance, or any other plausible complaint would likely be "inconvenient". So which young copyright lawyer in California is going to get their first state bar complaint?

P.S. I just saw that your complaint form was "pre-filled out" against Mathew Higbee! 

Here is a link to a pre-filled California bar complaint form. The blank portions are at least fillable electronically.

https://drive.google.com/file/d/0B6ZBMFkSS0ADZ3BFeHBwczRjbE0/view?usp=sharing

[icepick]

Edited the first post to add in the specific Rules he is most likely violating information for each state on the list.

[icepick]

For all the people out there dealing with Higbee's firm, has anyone gotten a letter, call or e-mail from Higbee himself or is he trying to shield himself by having lower attorneys be aggressive with the dishonesty and deceptions? I know he sends out the opening form letters, but anything beyond that or is he hiding?

Well, anyway, my point is under the rules of many states Higbee is licensed in he and his copyright "supervising attorney" can also be subject to discipline for the misconduct of their no name attorneys. Usually this is in Rule 5 of the state's ethics rules.