March 11, 2013

Felice P. Congalton Associate Director Washington State Bar Association Office of Disciplinary Counsel 1325 Fourth Ave., Ste. 600 Seattle, WA 98101-2539 Re: WSBA File: 13-00400 Dear Ms. Congalton: I have received your response regarding my complaint about lawyer Lauren Kingston. I understand that I am not an attorney and that I am asking attorneys to judge the behavior of other attorneys with whom they may work in the future. I get how the deck is stacked, but I want my complaint on record. I expect that your quick turnaround is the result of the fact that this is not the first time Ms. Kingston and McCormack Intellectual Property Law have been accused of un-lawyerlike behavior. Attorneys are taught in law school to argue semantics. And I am certain that Ms. Kingston could put forth the argument that she is advocating strongly on behalf of her client, Getty Images. And I am not going to waste my life arguing semantics with a professional in the field. But let me try to make it clear to you what is going on here. Wikipedia defines extortion as follows: Extortion (also called blackmail*, shakedown, outwresting, and exaction) is a criminal offence of unlawfully obtaining money, property, or services from a person, entity, or institution, through coercion. I have no contracts with Getty Images and yet Ms. Kingston is offering to settle the crime that she alone has accused and convicted my firm of for $48.710.00. She offers me a payment plan and the threat of litigation (both forms of coercion). When I ask for proof of Gettys standing in regard to the images in question, she sends me copies of each image along with the name of the original photographer and more harassing demands for payment. That is not proof of Gettys standing. If extortion is a crime and Ms. Kingstons actions fit the definition of the crime, then she has violated Washingtons Supreme Courts Rules of Professional Conduct section 8.4 (b) and (c) which state:
It is professional misconduct for a lawyer to: (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

From the beginning over one year ago, I have tried to make it easy to settle this matter. I offered a fair settlement based on what similar images license for. If they chose not to accept that, I asked for proof that the images at the time of use were property of Getty Images and subject to registered copyrights. No such proof was forthcoming only additional shakedown attempts. I guess the matter before your disciplinary counsel should be, Is the criminal offense of extortion, professional misconduct for a member of your Bar Association? Your Rules of Professional Conduct certainly indicate it as such. I ask that you review your initial dismissal of this grievance and take whatever measures you find appropriate to put an end to this unprofessional behavior. Sincerely,

Joseph Stangarone President