Monday, February 2, 2009

Rationale for Action (Part 3 of 3)

At Exemplar, we work on a daily basis to help our customers build successful businesses. As a natural part of this, we also help protect both those business and the individuals behind them, including their reputations and their brands. As attorneys, we have a duty to do so. Therefore, we would be remiss in our mission to our customers if we did not protect our own business and its reputation from false and misleading statements. It is for these reasons that we feel that we must enforce our rights against those that would seek to destroy a legitimate business that has helped many others in their paths to success.

To gain perspective on our rationale and why we are moving forward to enforce our rights, we would like to cite to some a sample of specific false and/or defamatory statements made by Mr. Doug Millison, the individual referenced in our earlier blog, and how they are harmful to our business. This combination of tweets (a small sample of over 150 made within approximately 72 hours) and statements made to us via email clearly demonstrate Mr. Millison’s state of mind, his falsehoods, his overzealous determination to continuing defaming Exemplar, and his misunderstanding of the facts.







(via Email): “I suggest that in future, you instruct and train your employees to let people know, up front, that you are soliciting new clients for your fee-based services. You know as well as I do that legitimate agents do not charge a fee to authors when they are trying to help them put together a deal like this.”

As referenced here, a (book) “deal” was never discussed, nor was an agency relationship discussed because Mr. Millison knew Mr. Shapiro was an attorney, not an agent. Unlike an agent, Mr. Shapiro had no financial stake in Mr. Millison’s work. Exemplar did not offer to “represent” him, nor have we ever represented any artists as agents, nor do we ever promise “deals.” Mr. Millison is not telling the truth about such offerings and is encouraging others to do the same.

(via Email): “Exemplar Law did not disclose to me before our conversations and before soliciting a proposal from me, that they would need $1,000/month in order to answer a questions about the proposal.”

This is simply not true. Mr Millison was informed of our services and pricing structure during his first phone call with our attorneys.

Finally, Mr. Millison has made several statements which demonstrate that he will continue to spread his statements, regardless of their falsity:

“I will continue to tell and disseminate my story…you cannot stop that and you will only destroying your company's brand image.”



By responding to the above statements, among others, Exemplar is merely enforcing its rights. This can hardly be considered “bullying.” To those that “retweeted” Mr. Millison’s statements, we understand you did so to protect a fellow professional. However, as demonstrated above, Mr. Millison’s statements were false, and his state of mind is such that he will not stop. We hope you can understand why we must now protect ourselves. At this point, damage has clearly already been done and will not be remedied without action.

1 comment:

  1. Hmm, committing libel against a law firm: truly a recipe for success.

    For the record, I've met with Mr. Shapiro to discuss doing business with him and Exemplar, and he was nothing but forthright about everything. The same goes for the several other Exemplar folks I've met, spoken to, and shared a beer with.

    If anything, I was really shocked at the amount of free advice they were willing to give to help me figure out what services I needed!

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