You've Been Googled! Now You Have To Shut Down Your Web Site, Urged Defense Counsel

Well, it finally happened. I'd been Googled. Not by myvery case we were about to try. This was the only
friends, but by my adversaries in a medicalposted deposition in an active case. Even though it
malpractice wrongful death case. Their googlingwas de-identified and you could not determine who it
apparently caused apoplectic seizures that rippledinvolved, he asked me to remove it from my site for
through the defense firms representing the doctorsthe duration of the trial because of the possibility
in my case that was marked final for trial on April 10,that a juror could find the de-identified transcript
2006 in Kings County, here in New York.The firstwhile doing a search and read it during the trial. After
inkling of trouble was a telephone call by adversarymuch debate, and knowing that there is no case law
#1- someone who up until that time, I thought I hadon this topic anywhere in New York, I agreed to
a good working relationship with. "Gerry, I want tovoluntarily remove the deposition from my site. You
give you a heads-up about an order-to-show causewould think that my willingness to be courteous and
that you'll be getting shortly," he said. "What's itprofessional to my adversary would have ended this
about?" I asked."Your website. We want you to shutissue. It did not.He was still insistent that my website
it down for the duration of the trial," he answered.be shut down, because there was material on my
"What are you talking about?" I asked incredulously.site, "That if viewed by a potential juror, would
"What could my website possibly have to do with aprejudice that juror," he wrote in his motion
trial that we're supposed to start in one week'spapers.On April 10, 2006, when we appeared in the
time?" I stated, having difficulty controlling my tongueMedical Malpractice Trial Ready Part in Brooklyn, NY,
and the tenor of my voice."We think that potentialmy adversary was insistent that the Court shut
jurors might be prejudiced if they read the materialdown my site. He referred to three articles I wrote
on your website, and that's why we want you toas being somehow prejudicial: "Insurance Companies
shut it down," he responded.Let me digress aand how they protect their profits," "5 Typical
moment. On my website which currently gets overDefenses in a Medical Malpractice Case," and "Medical
3000 unique visitors per month, I have over 65Malpractice: 10 Reasons Why Most Victims Won't
articles that I have personally written, I have 200Recover a Dime." The last article he cited because I
frequently asked questions, I have 213 links to otherinclude discussions about jurors biased by the
resources, and over 285 news articles about verdictsinsurance industry, the plaintiff's inability to hire good
and settlements across the country. In addition, Iqualified experts, and the basic premise that 'juries
have posted deposition transcripts of doctors inlike doctors'.Defense counsel's arguments were,
cases I have handled that are de-identified. I haveimpressively, based on total speculation. He argued
removed all identifying features in each of thethat a potential juror might ignore the trial judge's
depositions I have posted. The reason I postedinstructions not to discuss the case with anyone, that
these transcripts is to show people what I do, how Ihe might go online and perform a search about the
do it, and it makes for interesting reading.If oneattorneys or the topic involved in the case, that he
Google's my name, "Gerry Oginski" you will get 953would actually find information about the case, and
sites that refer to me and my website, my blog andthat he might be prejudiced by reading such material.
other writings I've posted online. If you take off theHe wrote:"We live in the 'Google' world where nearly
quotations, you'll get 12,500 references to my name.everyone has access to the internet and many
If you do a Yahoo search with the same name inpeople perform internet searches as a means of
quotations, you will get almost 8,000 sites that referobtaining information. Jurors, in fact, often attest to a
to my name.The original Google search that mydesire to 'research' the issues or attorneys on the
adversary performed "Anesthesia, wrongful deathinternet.
and Oginski" revealed his client's deposition in the