On January 3, 2019 a disgruntled client filed suit against an attorney because his widely publicized racist rant was captured on video and the media publicly outed the names of his clients. In May 2018 Aaron Schlossberg, who practices law in Manhattan, was videotaped berating a restaurant employee for speaking Spanish. The videotape went viral and became an internet and news media sensation. One of Schlossberg's clients was Niche Music Group LLC who he represented in a breach of contract action against Sony Music. Niche Music was publicly identified by the media as a client of Schlossberg and recognizing the bad publicity of being associated with him, they promptly retained another attorney. However, they claim that "Schlossberg owed a duty to Niche to conduct himself in public in such a way as to not discredit himself or his client's".
Niche filed suit relying on theories of legal malpractice and breach of contract and seeks at least $50,000 in damages from Schlossberg for tarnishing its reputation and causing it to incur time and expense finding new counsel. Niche asserts in its complaint that:"Schlossberg knew or reasonably should have known that his multiple public racist outbursts would reflect poorly on himself, his clients and his profession." We will likely see a pre-answer motion to dismiss challenging the issue of whether there is a legal duty owed to a client by an attorney not to engage in wrongful conduct in matters outside the scope of legal services.