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(Above the Law)   Epic response to letter full of legalese from lawyer who's apparently sick of this shiat   (abovethelaw.com) divider line 172
    More: Amusing, Latin phrases, SAT Scores, town council, injunctions  
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36836 clicks; posted to Main » on 18 Jun 2013 at 4:28 PM (43 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-06-18 06:10:25 PM

MNguy: I think he said 'pro bono' when he meant to say 'pro se'.  Rookie mistake.


'Pro lulz', from the look of it.
 
2013-06-18 06:17:33 PM
Now there's a lawyer I'd get drunk with.

And I don't even like drinking!
 
2013-06-18 06:24:25 PM
Hmm.  That's pretty mild.  I think patent lawyers can take the cake with this one.  I've seen entire pages of language that can be summed up as "an HTTP connection".
 
2013-06-18 06:29:38 PM

Somaticasual: MythDragon: I would send back a Xeroxed copy of my middle finger. But that's me.


But god help you if you scan to email..


The company that was harassing us for license fees for our network printers, scan to email, scan to network folder, recently sent us a letter.   They are no longer pursuing licensing.   Canon got involved and now their patents are in doubt.
 
2013-06-18 06:31:14 PM

ChaosStar: pute kisses like a man: it was the second letter that skirted (if not crossed) the rules of ethics.

from the few times fark has directed me to "above the law", I have to admit, that's the worst law blog/journal/website ever.  first, it totally dropped the ball on that 5th amendment issue the other day, and today it's picking the improper response over the harmless one (albeit, overprotective, but shiat, law is the business of managing risk.  you're going to be overprotective if risk is in your job description).

and if there is a person who could not make sense of the first letter, then you've found a person who cannot read.

I bet you drink tepid water and think saltines are "the bee's knees" don't you?
If you consider trying to bully someone from exercising their first amendment rights harmless, and can't understand that the C&D letter was an attempt to harass someone with political views they (the council, council member, or lawyer) didn't like then I think you're more ignorant than someone who can't read.


i considered the letter harmless in its ineffectiveness.  the letter says, stop these shenanigans, or in 10 days... we reserve all our rights.
 
2013-06-18 06:31:55 PM

Voiceofreason01: I think the safest assumption here is that something really dumb and petty is going on and everyone involved is a huge asshole.


Ding! Ding! Ding!

We have a winner.

The only thing more brutal and petty than small-town politics is politics in a volunteer organization.   The lower the stakes, the nastier it gets.
 
2013-06-18 06:35:45 PM

Nina Haagen Dazs: farkin' lawyers, man.
It was kinda funny though.


Would it be inappropriate to point out I feel your fark handle is missing a word? It should be "Nina Haagen Dazs Dallas".   Yes? It's inappropriate?  shiat, too late.
 
2013-06-18 06:40:53 PM

clyph: The only thing more brutal and petty than small-town politics is politics in a volunteer organization. The lower the stakes, the nastier it gets.


Genealogists.  I swear to Cthulhu, they're the absolute god-awfulest.  Probably because the stakes cannot possibly go lower.
 
2013-06-18 06:45:00 PM

DirtyDeadGhostofEbenezerCooke: Lawyer problems.


Q: What do you have when you have seven lawyers buried up to their necks in sand?

A: Not enough sand.

Please cease and desist all lawyer humor.

What...? That was a landscaping comment
 
2013-06-18 06:50:53 PM

LonMead: DirtyDeadGhostofEbenezerCooke: Lawyer problems.

Q: What do you have when you have seven lawyers buried up to their necks in sand?

A: Not enough sand.

Please cease and desist all lawyer humor.

What...? That was a landscaping comment


Definitely wasn't a tide joke.
 
2013-06-18 06:51:45 PM

The Pope of Manwich Village: From 2008, Blue Jeans Cable responds to Monster Cable's cease-and-desist letter on certain patents and trademarks:

http://www.bluejeanscable.com/legal/mcp/response041408.pdf

"If Monster Cable proceeds with litigation against me I will pursue the same merits-driven approach; I do not compromise with bullies and I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds.

 "

My father said these exact same words when he was getting sued by the real estate attorney that bought his house.   Apparently if you buy a house in North Idaho, ignore all the advice the owner gives you about prepping for North Idaho winters, and your pipes freeze and break, that's your fault.

He also said "I want this shiat in front of a jury of North Idaho rednecks."

Jury took about half an hour to find for him.
 
2013-06-18 06:58:34 PM
Jesus, $5,000 per year for hosting an maintenance? How much bandwidth could the city possibly need?
 
2013-06-18 06:59:59 PM
Kaplitt Legal Consulting's logo looks like 1986.
 
2013-06-18 07:04:39 PM
Used to be an awesome boobie bar across town in East Orange...of course East Orange is a real shiat hole.
 
2013-06-18 07:08:14 PM

Moosecakes: Jesus, $5,000 per year for hosting an maintenance? How much bandwidth could the city possibly need?


"Maintenance" means all page changes, because the township was too stupid to insist on a full content management system when the site was delivered.
 
2013-06-18 07:08:20 PM

Begoggle: Not to many real lawyers do "pro bono" work for some domain squatter.
What's the real story here?


I think the real story here is that you and a few other people don't know what the fark domain squatting is.
 
2013-06-18 07:10:08 PM

Moosecakes: Jesus, $5,000 per year for hosting an maintenance? How much bandwidth could the city possibly need?


Based on my experience with small town IT solutions, the site is hosted by a local ISP reseller who charges 10 times what he buys the service for.
 
2013-06-18 07:13:37 PM
As a lawyer who works at a firm full of bigger assholes that enjoy smacking smaller assholes, I truly appreciate the artistry of this one.  And the "Pro Bono" mention is basically just a veiled threat that "hey - this guy isn't paying for his counsel, you are.  Ergo, you will lose even if you were to win."  Most of the time I take a Pro Bono case it's because it's something I truly believe in, and thus it's like a chance to use your powers for good (for once) to help out a little guy.
 
2013-06-18 07:16:17 PM

Tom_Slick: Moosecakes: Jesus, $5,000 per year for hosting an maintenance? How much bandwidth could the city possibly need?

Based on my experience with small town IT solutions, the site is hosted by a local ISP reseller who charges 10 times what he buys the service for.


Bingo. I recently took over a site from a local non-profit that was being charged out the wazoo for such services, and getting shiatty service in the bargan. Six days to update a phone number? $300 a month for "hosting" when a simple search revealed their site was hosted at HostGator for about $5 a month given their low level of needs.

A number of small-town IT "solutions" are the logical descendants of the old shysters who sold burial insurance to the folks on the poor side of town.
 
2013-06-18 07:20:35 PM

mongbiohazard: Begoggle: Not to many real lawyers do "pro bono" work for some domain squatter.
What's the real story here?

I think the real story here is that you and a few other people don't know what the fark domain squatting is.


If(as the city claims) his site is masquerading as the official city website what would you call it?
 
2013-06-18 07:25:22 PM

Voiceofreason01: mongbiohazard: Begoggle: Not to many real lawyers do "pro bono" work for some domain squatter.
What's the real story here?

I think the real story here is that you and a few other people don't know what the fark domain squatting is.

If(as the city claims) his site is masquerading as the official city website what would you call it?


It's not, and additionally... that's not what they were claiming.
 
2013-06-18 07:26:31 PM

Voiceofreason01: mongbiohazard: Begoggle: Not to many real lawyers do "pro bono" work for some domain squatter.
What's the real story here?

I think the real story here is that you and a few other people don't know what the fark domain squatting is.

If(as the city claims) his site is masquerading as the official city website what would you call it?


Have you been there?  It doesn't masquerade in any way as an official website.  No government seal or logo.

It even says "Here's the official government page"
 
2013-06-18 07:27:03 PM

Voiceofreason01: mongbiohazard: Begoggle: Not to many real lawyers do "pro bono" work for some domain squatter.
What's the real story here?

I think the real story here is that you and a few other people don't know what the fark domain squatting is.

If(as the city claims) his site is masquerading as the official city website what would you call it?


Jesus did you read the article? The guy has a website where he has a crummy discussion board up and local business contacts. Even the city isn't alleging he's squatting; they don't want his "westorange.info" domain, they are saying it's too similar to the town's website. Given that there are other websites that are much closer in name to the town's and using ".com" and ".net" they are targeting this guy for petty small-town reasons.

The town doesn't want "westorange.info", they just don't want this guy to have it.
 
2013-06-18 07:33:12 PM

MythDragon: I would send back a Xeroxed copy of my middle finger. But that's me.

CSB:
Went into business with my brother and dad (note: don't ever do this). Eventualy they farked things up enough that we went out of business. Guess who was on the hook for most of the loans? Me, of course. I didn't even collect salary the first and last year. (Meanwhile my brother lands a six figure job at Cap One because of his buddy. He gets a job as a lead SQL server programmer. After which he calls me up and asks "What's SQL?" "Do you know anything about UNIX?" "Oh by the way, you never paid the last bill for your cell phone, so can you get that too me?" Oh sure, no problem. I just paid off $15,000 worth of company loans and am paying back 250 bucks a month on my second mortage which you wasted, but sure.) But I am getting off point here.
 One of the banks we used for a $450,000 loan (that I was against) decided I owed them the money.
They had a personal guarantee with my name on it that I didn't remember signing. (my dad wanted me to put my house up, and I told him to go screw. So he put his up). Signature looked like mine, but the initals were WAY off. When I went to the title company for a copy of all the documents, THAT particular document wasn't in there. Don't know where the bank got it from. Well their lawyer filed to have a judgement against me. With the gracious help of a JAG attorney (who was limited in what he could do, but gave me a great start) and copious amounts of google, I drafted a pretty decent response letter saying (basicly) I though they were full of shiat.

The bank's lawyer contacted me and says "What are you trying to do here? We've got you. You've got no recourse. If you fight this, you are only going to increase the cost of my legal fees which you will be responsible for"
I told him "well, first of all...you're after me for half a million. You think 20 thousand or so in extra legal fees means anything to me at this point? Ar you familiar  with the phrase 'If I owe ...



That's all fine and dandy but you've now got a potentially legitimate title claim for $450,000 against your house such that you can never sell it. Hope you don't need to move or plan to leave it to anyone in the future.

"Don't remember signing?" I hear it all the time and 99.9% of the time YOU signed it.

And seriously, you have a half million dollar legal problem and you're NOT hiring a lawyer?

And finally, are there any pictures of your family or the bank holding a gun to your head wherein they forced you to sign all those bad promissory notes? I'll guess that's a no.

You sound like someone who made a business deal, finally recognized it and is still looking for a way to not pay back what you said you would.
 
2013-06-18 07:34:42 PM

show me: Voiceofreason01: The cease and desist letter was in pretty plain language. Domain camping isn't cool.

/this Freivald guy sounds like an asshole.

I think the story behind this is that some member(s) of this board has a personal vendetta against Frievald and sent this to harass him. I'm not so sure he's domain camping, either; for FSM's sake, the city hasn't even put up a website at westorange.gov and westorange.com comes up blank for me.

/too lazy to do a whois


The towns actual site is .org   http://www.westorange.org/
 
2013-06-18 07:36:57 PM

Rent Party: He also said "I want this shiat in front of a jury of North Idaho rednecks."


Much as I may not always like rednecks, I will always approve of their theory that "Being a dipshiat is your own damn fault".
 
2013-06-18 07:40:52 PM

nickerj1: Hmm.  That's pretty mild.  I think patent lawyers can take the cake with this one.  I've seen entire pages of language that can be summed up as "an HTTP connection".


Being asked to contribute and/or review material for software patent applications makes me super stabby.

I get that the company needs IP to defend itself against other companies - but the stuff they try to patent is such tremendous bullshiat.  It's either ridiculously trivial or obviously existing art, or total bullshiat and/or violates basic laws of nature.
 
2013-06-18 07:42:47 PM

Voiceofreason01: The cease and desist letter was in pretty plain language. Domain camping isn't cool.


is it a rule in America, then, that only government bodies may provide information about places?
 
2013-06-18 07:44:38 PM

jmr61: MythDragon: I would send back a Xeroxed copy of my middle finger. But that's me.

CSB:
Went into business with my brother and dad (note: don't ever do this). Eventualy they farked things up enough that we went out of business. Guess who was on the hook for most of the loans? Me, of course. I didn't even collect salary the first and last year. (Meanwhile my brother lands a six figure job at Cap One because of his buddy. He gets a job as a lead SQL server programmer. After which he calls me up and asks "What's SQL?" "Do you know anything about UNIX?" "Oh by the way, you never paid the last bill for your cell phone, so can you get that too me?" Oh sure, no problem. I just paid off $15,000 worth of company loans and am paying back 250 bucks a month on my second mortage which you wasted, but sure.) But I am getting off point here.
 One of the banks we used for a $450,000 loan (that I was against) decided I owed them the money.
They had a personal guarantee with my name on it that I didn't remember signing. (my dad wanted me to put my house up, and I told him to go screw. So he put his up). Signature looked like mine, but the initals were WAY off. When I went to the title company for a copy of all the documents, THAT particular document wasn't in there. Don't know where the bank got it from. Well their lawyer filed to have a judgement against me. With the gracious help of a JAG attorney (who was limited in what he could do, but gave me a great start) and copious amounts of google, I drafted a pretty decent response letter saying (basicly) I though they were full of shiat.

The bank's lawyer contacted me and says "What are you trying to do here? We've got you. You've got no recourse. If you fight this, you are only going to increase the cost of my legal fees which you will be responsible for"
I told him "well, first of all...you're after me for half a million. You think 20 thousand or so in extra legal fees means anything to me at this point? Ar you familiar  with the phra ...


Kind of weird how his CSB has you so frantic.  Anything you want to talk about?
 
2013-06-18 07:45:29 PM

leevis: I bet they'd stop laughing when they get hit with a lawsuit. Regardless of whatever disclaimers they put on the ticket, you can still sue a sports team if you get hurt at their stadium.


You can sue just about anybody for just about anything. Doesn't mean you'll win.
 
2013-06-18 07:46:19 PM

meyerkev: Rent Party: He also said "I want this shiat in front of a jury of North Idaho rednecks."

Much as I may not always like rednecks, I will always approve of their theory that "Being a dipshiat is your own damn fault".


The Casa de Rent Party motto is "There is no sympathy for self inflicted wounds."
 
2013-06-18 08:03:19 PM
Why do we have such a complicated farking legal system and still have flawed laws? Why?
 
2013-06-18 08:07:50 PM
I know the attorney who sent the C&D, and he is a good guy.  The letter he sent looks pretty benign and routine to me.
That being said, the response is pretty funny.
Back when I was a young'un in the practice, I had a case involving a claim of a dead mouse in a food product.  In response to my initial claim letter, the carrier for the manufacturer sent me a letter enclosing a small baggie, and asked me to send them the mouse (presumably, they wished to perform a bogus mouse autopsy).
My response letter in its entirety was "Send a bigger bag."
 
2013-06-18 08:11:21 PM

Skywolf the Scribbler: Why do we have such a complicated farking legal system and still have flawed laws? Why?


Because you intentionally want to leave room for interpretation so the law is flexible enough to cover what it needs to in cases that might not be easy to imagine but those who draft the laws.
 
2013-06-18 08:19:22 PM

Lollipop165: Egoy3k: When the mere threat of legal action is enough to make a huge number of people back down due to fear of high legal costs, pro-bono attorneys talking smack to assholes who send groundless C&D letters is just fine with me.

I work in real estate and building management and get "threatened" with legal action all the mother farking time. I have a lawyer on retainer (just in case) but once I explain to the threatening lawyer that I'm not scared, know real estate law, and have a lawyer on retainer should I need it, they always back down. The lawyer's career is that of dick wagging. Once they realize I'm not a farking idiot in this business they put their tails between their legs and run.


Internet Tough AW here, all of you pay attention to this broad so she can feel better about her douchey self.
 
2013-06-18 08:22:24 PM

LonMead: I liked that one, but here is one of my all time favorites:

A letter to Art Modell's attorney
[img.fark.net image 500x511]

And the response
[img.fark.net image 640x612]


Nice. I like this one.
 
2013-06-18 08:27:41 PM

Voiceofreason01: mongbiohazard: Begoggle: Not to many real lawyers do "pro bono" work for some domain squatter.
What's the real story here?

I think the real story here is that you and a few other people don't know what the fark domain squatting is.

If(as the city claims) his site is masquerading as the official city website what would you call it?


I'd call it "you should read the farking article before posing pointless hypothetical questions which have nothing to do with it". But that's just me, I tend to be precise.
 
2013-06-18 08:28:54 PM
noitsnot:
I get that the company needs IP to defend itself against other companies - but the stuff they try to patent is such tremendous bullshiat.  It's either ridiculously trivial or obviously existing art, or total bullshiat...If your company's programmers only come up with things that are ridiculously trivial or obvious existing prior art, then why is your company paying their salaries? Sounds like they could be replaced with a couple of Internet searches.... Or maybe it's only trivial in hindsight and they're making valuable contributions that are beautifully simple, but that needed hard work to come up with originally? and/or violates basic laws of nature.


I want to see the software patent that violates basic laws of nature./"A computer-implemented method for teleportation, comprising..."
 
2013-06-18 08:41:58 PM
Unprofessional, but hilarious. It's like the two girls who talk trash to each other then slap fight.

It's two lawyers, they should duel at sunup.....one less lawyer means we all win.
 
2013-06-18 08:47:22 PM
I don't get it...
 
2013-06-18 08:52:36 PM

Quantum Apostrophe: For me the gold standard for these letters is this:

http://www.audioholics.com/news/industry-news/blue-jeans-strikes-bac k


Damn. Read the whole thing. That was brutal.
 
2013-06-18 09:14:02 PM
Dear Warner Brothers,

Apparently there is more than one way of conquering a city and holding it as your own. For example, up to the time that we contemplated making this picture, I had no idea that the city of Casablanca belonged exclusively to Warner Brothers. However, it was only a few days after our announcement appeared that we received your long, ominous legal document warning us not to use the name Casablanca.

It seems that in 1471, Ferdinand Balboa Warner, your great-great-grandfather, while looking for a shortcut to the city of Burbank, had stumbled on the shores of Africa and, raising his alpenstock (which he later turned in for a hundred shares of common), named it Casablanca.

I just don't understand your attitude. Even if you plan on releasing your picture, I am sure that the average movie fan could learn in time to distinguish between Ingrid Bergman and Harpo. I don't know whether I could, but I certainly would like to try.

You claim that you own Casablanca and that no one else can use that name without permission. What about "Warner Brothers"? Do you own that too? You probably have the right to use the name Warner, but what about the name Brothers? Professionally, we were brothers long before you were. We were touring the sticks as the Marx Brothers when Vitaphone was still a gleam in the inventor's eye, and even before there had been other brothers-the Smith Brothers; the Brothers Karamazov; Dan Brothers, an outfielder with Detroit; and "Brother, Can You Spare a Dime?" (This was originally "Brothers, Can You Spare a Dime?" but this was spreading a dime pretty thin, so they threw out one brother, gave all the money to the other one, and whittled it down to "Brother, Can You Spare a Dime?")

Now Jack, how about you? Do you maintain that yours is an original name? Well it's not. It was used long before you were born. Offhand, I can think of two Jacks-Jack of "Jack and the Beanstalk," and Jack the Ripper, who cut quite a figure in his day.

As for you, Harry, you probably sign your checks sure in the belief that you are the first Harry of all time and that all other Harrys are impostors. I can think of two Harrys that preceded you. There was Lighthouse Harry of Revolutionary fame and a Harry Appelbaum who lived on the corner of 93rd Street and Lexington Avenue. Unfortunately, Appelbaum wasn't too well-known. The last I heard of him, he was selling neckties at Weber and Heilbroner.

Now about the Burbank studio. I believe this is what you brothers call your place. Old man Burbank is gone. Perhaps you remember him. He was a great man in a garden. His wife often said Luther had ten green thumbs. What a witty woman she must have been! Burbank was the wizard who crossed all those fruits and vegetables until he had the poor plants in such confused and jittery condition that they could never decide whether to enter the dining room on the meat platter or the dessert dish.

This is pure conjecture, of course, but who knows-perhaps Burbank's survivors aren't too happy with the fact that a plant that grinds out pictures on a quota settled in their town, appropriated Burbank's name and uses it as a front for their films. It is even possible that the Burbank family is prouder of the potato produced by the old man than they are of the fact that your studio emerged "Casablanca" or even "Gold Diggers of 1931."

This all seems to add up to a pretty bitter tirade, but I assure you it's not meant to. I love Warners. Some of my best friends are Warner Brothers. It is even possible that I am doing you an injustice and that you, yourselves, know nothing about this dog-in-the-Wanger attitude. It wouldn't surprise me at all to discover that the heads of your legal department are unaware of this absurd dispute, for I am acquainted with many of them and they are fine fellows with curly black hair, double-breasted suits and a love of their fellow man that out-Saroyans Saroyan.

I have a hunch that his attempt to prevent us from using the title is the brainchild of some ferret-faced shyster, serving a brief apprenticeship in your legal department. I know the type well-hot out of law school, hungry for success, and too ambitious to follow the natural laws of promotion. This bar sinister probably needled your attorneys, most of whom are fine fellows with curly black hair, double-breasted suits, etc., into attempting to enjoin us. Well, he won't get away with it! We'll fight him to the highest court! No pasty-faced legal adventurer is going to cause bad blood between the Warners and the Marxes. We are all brothers under the skin, and we'll remain friends till the last reel of "A Night in Casablanca" goes tumbling over the spool.

Sincerely,

Groucho Marx


img.fark.net
 
2013-06-18 09:17:33 PM

OldManDownDRoad: Groucho Marx did it first.


That one was hilarious
 
2013-06-18 09:20:59 PM

Skywolf the Scribbler: Why do we have such a complicated farking legal system and still have flawed laws? Why?


Laws do not go away.  There is effectively no mechanism for removing old laws.  However, there are lots of people who are motivated to make new laws.  So the body of law can only grow and become more complex.  Often all these laws don't agree very well.

Back when I took flying lessons, I was introduced to the world of aviation regulations and how in certain situations, the regs conflict and anything you do puts you in violation.  Luckily, nobody really cares as long as you follow established conventions.
 
2013-06-18 09:27:14 PM

Theaetetus: noitsnot:
I get that the company needs IP to defend itself against other companies - but the stuff they try to patent is such tremendous bullshiat.  It's either ridiculously trivial or obviously existing art, or total bullshiat...If your company's programmers only come up with things that are ridiculously trivial or obvious existing prior art, then why is your company paying their salaries? Sounds like they could be replaced with a couple of Internet searches.... Or maybe it's only trivial in hindsight and they're making valuable contributions that are beautifully simple, but that needed hard work to come up with originally? and/or violates basic laws of nature.

I want to see the software patent that violates basic laws of nature./"A computer-implemented method for teleportation, comprising..."


Yes, I get that you are a patent attorney.
 
2013-06-18 10:46:33 PM

leevis: I bet they'd stop laughing when they get hit with a lawsuit. Regardless of whatever disclaimers they put on the ticket, you can still sue a sports team anyone if you get hurt at their stadium for anything and everything.


Fixed that for you.
 
2013-06-18 10:46:53 PM
cpshaw.files.wordpress.com
I'm a lawyer and frankly I find the responding lawyer's letter to be quite unprofessional in the circumstances. I'm sure he was right but he didn't need to adopt such a needless condescending, insulting and smarmy tone. He could have cited those authorities, asked the author to provide any authorities to the contrary, told him they disagree with this position, etc. without being such an insufferable farking arshole. M

Most lawyers from small towns have to deal with the same small group of lawyers on a regular basis. You may think they're incompetent or foolish but you will have to deal with them again and again so its in your best interests to try to remain as civil and cordial as possible towards them or else they can make your life, and the lives of your client, very difficult. If a lawyer regularly wrote letters like that on a regular basis than they would quickly alienate all of their colleagues really, really quickly which would definitely NOT be in their clients best interests since, instead of trying to settle things in a reasonable, cost effective manner, you would turn everything into a ego fueled pissing match which would waste your client's time and money and which in turn would damage your reputation in the area.

I've been tempted to write letters like that but the adult in me prevents me from do so. Oh and god forbid someone say "hereto, herein, thereto"
 
2013-06-18 10:47:10 PM

Tom_Slick: traylor: It's funny because he's just earned his client a lawsuit?

This lawyer wants a lawsuit, he wants to air the town government's dirty laundry.  If the town files suit, then they will go into discovery mode and he will request stuff the town does not want made public record.


===========
That's it exactly. The responding lawyer knows what kind of bullshiat is going on in town.  Did he make a veiled threat against the town?  Yup.  Could the town do anything about it?  Yup.  Are they going to do anything about it?  Do I have to answer that for anyone?
 
2013-06-18 11:26:14 PM

The Voice of Doom: 4tehsnowflakes
As one of the assholes who does this kind of thing, 4ts says the second lawyer Kaplitt was right that the domain name claim is weak, but the letter is unprofessional. For example, a footnote referring to a personal property tax issue the lawyer has with the municipality, really? The fact that he is doing the case pro bono does not excuse the arrogance. Just telling the other side that you have lawyered up is usually enough to get them to back off to some degree.

Having read a bit across the forums where they have the biatchfight in public, it's pretty obvious that there's a lot more going on and I would say the tone of the letter fit the rest of the discussion.

Apparently the guy who got the c&d is also active in local politics and one of the responses he got when he asked the major(?) about who actually was responsible for sending the c&d instead of just talking to him, was that it was done on the request of the members of some PR(?) commission - which the cease&desisted guy himself happens to be a member of. So that was either BS or it was done not as a request of that body but some random dude(s) sitting on it.
Then it went to "maybe it was some intern at the lawyer's office acting on his own".
It reads a lot like dirty small town politics and someone being caught and called out for abusing their power.
http://localforums.org/westorange/forum/index.php?topic=86.0


Now that was a fun read. Empty logic all over the place.
 
2013-06-18 11:49:05 PM

noitsnot: And what was the deal with the property taxes?  Did he sell a property and then get billed for the rest of the year's taxes or something?  Or did he catch the town overbilling, and he's threatening to let the cat out of the bag?


The joke there was that his client made a website for a buck, a Taco Bell anecdote, and sofa change yet the C&D lawyer's entire case rests on it being easily confusited (amidoingitright?) with the nearly $30,000 official one.
 
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