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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 53
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36937 clicks; posted to Main » on 18 Jun 2013 at 4:28 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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Archived thread
2013-06-18 04:18:13 PM
13 votes:
The fact that lawyers, working for teh government no less, are legally allowed to threaten civilians like that in the first place is the real shame of our modern legal system.
2013-06-18 02:12:55 PM
11 votes:

vudutek: kxs401: Huh, it's actually the writer of the response letter who comes off as rather an asshole bully.

At least Freivald hired a bigger asshole to smack down the lesser asshole.


Which is precisely what you want in a lawyer.  Maybe it's a sad state of affairs, but it's absolutely true.  My divorce attorney was a sleazy despicable son of a biatch, but I'm damned glad he was MY sleazeball.
2013-06-18 04:52:06 PM
8 votes:

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

/this Freivald guy sounds like an asshole.


Actually no. The C&D letter was comically vague. And Freivald was using the domain he bought, albeit in his amateurish way.

And as Kaplitt strongly hinted, Trenk, the West Orange lawyer, was either breaking the law or getting dangerously close to breaking the law with that C&D. If Freivald had wanted to, he and Kaplitt could have made Trenk's life pure hell. But they let him off with a warning. Doesn't sound all that assholish to me.
2013-06-18 04:51:07 PM
8 votes:
A lawyer in a small town will make a decent living.

Two lawyers in a small town will both make a very good living.
2013-06-18 04:47:54 PM
8 votes:
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.
2013-06-18 04:55:35 PM
7 votes:

Dear Jerk: There was this guy who stole my gal and I stole her back


Why would you want such a disloyal tramp back?
2013-06-18 04:49:15 PM
7 votes:

Voiceofreason01: Domain camping isn't cool.


You don't seem to know what 'domain camping' is so I'll just point out that this particular instance isn't an example of it.
2013-06-18 04:39:47 PM
6 votes:

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 cease and desist letter referenced some other document so it was pretty clear we weren't getting the whole story. I think the safest assumption here is that something really dumb and petty is going on and everyone involved is a huge asshole.
2013-06-18 03:11:10 PM
5 votes:

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
2013-06-18 12:27:38 PM
5 votes:
I have tears in my eyes, it's so beautiful.
2013-06-18 04:23:01 PM
4 votes:
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
2013-06-18 04:02:14 PM
4 votes:
It's a little funny, but not very professional from what very little I know of this thing.
It reads like an overly defensive post on an internet message board, and that's not really a good thing.
2013-06-18 03:00:29 PM
4 votes:

nekom: Which is precisely what you want in a lawyer.


You want your broker to look poor and your lawyer to look rich, or something.
2013-06-18 01:15:24 PM
4 votes:

kxs401: Huh, it's actually the writer of the response letter who comes off as rather an asshole bully.


At least Freivald hired a bigger asshole to smack down the lesser asshole.
2013-06-18 12:48:39 PM
4 votes:
Huh, it's actually the writer of the response letter who comes off as rather an asshole bully.
2013-06-18 12:28:43 PM
4 votes:
The cease and desist letter was in pretty plain language. Domain camping isn't cool.

/this Freivald guy sounds like an asshole.
2013-06-18 04:42:20 PM
3 votes:

kxs401: Huh, it's actually the writer of the response letter who comes off as rather an asshole bully.


Using that logic I guess we bullied poor Hitler.
2013-06-18 04:39:43 PM
3 votes:
I would LOVE to see the snark-off continue. Is there any way we can bait the original lawyer to respond?
2013-06-18 09:14:02 PM
2 votes:
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 05:10:42 PM
2 votes:

4tehsnowflakes: ecmoRandomNumbers: vudutek: kxs401: Huh, it's actually the writer of the response letter who comes off as rather an asshole bully.

At least Freivald hired a bigger asshole to smack down the lesser asshole.

And that's what you want in a lawyer.

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.


It wasn't clear, but reread this part...

"P.S. Off topic, but as long as we're chatting, I hereby demand from the Township a refund in the amount of $28,763.22 for excess property taxes levied on 74 Terrace Avenue since my acquisition of ownership on August 9, 2010. Detailed calculations and legal authority available on request.

P.P.S. Wait, I have a better idea. I just learned that westorange.gov is still available and any state or local agency can license it from the U.S. General Services Administration for only $125 per year. Since the whole refund thing might trigger a stampede if word got around, instead how about if I form a limited liability company to conceal my identity, and then use it to license westorange.gov from the GSA - I'll just need a letter from Mayor Parisi designating my LLC as an authorized Township agent - and then my LLC will sublicense it to the Township for a paid-up royalty of $28,763.22 ! Pretty clever, huh ? Krakoviak will be a hard sell, but Sayers should like it. Just something to consider ..."

It sounds (to me) like he's implying in the P.P.S. that someone is already doing this, and that his claim for "excess property taxes" from the P.S. would be valid if this was brought to light for the public. Actually sounds like a veiled threat.

-I think we may have found one of the last lawyers in the states with balls.
2013-06-18 05:06:43 PM
2 votes:
4tehsnowflakes:

I still say, no matter how much bitterness there is between the clients, the lawyer should maintain a professional tone; the response to demand letter will likely be an exhibit before the court if a case is filed and proceeds, and most judges will not be amused by this kind of thing.

Please. Kaplitt could afford to be humorous because he knew that if West Orange pursued this case, they would be laughed out of court and then prosecuted for attempting to violate Freivald's civil rights. There was no case to be made, not from any angle on any point of law.
2013-06-18 04:58:52 PM
2 votes:

4tehsnowflakes: Just telling the other side that you have lawyered up is usually enough to get them to back off to some degree.


Even if you don't have a lawyer, usually knowing your rights and demonstrating that you're willing to use them scares a lot of people off.  See debt collectors.
2013-06-18 04:56:27 PM
2 votes:

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


LOL.
So the Cleveland Plain Dealer has to give up cleveland.com?  And whatever travel agency that owns newyork.com has to give that up too?

The law is clearly on this guy's side and his lawyer is both smart and funny.  And he's doing it pro bono.
2013-06-18 03:49:06 PM
2 votes:

ecmoRandomNumbers: vudutek: kxs401: Huh, it's actually the writer of the response letter who comes off as rather an asshole bully.

At least Freivald hired a bigger asshole to smack down the lesser asshole.

And that's what you want in a lawyer.


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.
2013-06-18 12:28:26 PM
2 votes:
farkin' lawyers, man.
It was kinda funny though.
2013-06-19 08:54:13 AM
1 votes:
Update:  Apparently the website in question's forum has noticed the gigantic influx of traffic.

One Gary Englert (apparently a well-known troll so venomous that they've set up a section of the website just for his posts) had this to say:


"No, and not by a long shot and this little Internet flurry is simply a flash in the pan.
If subjecting another human being to public ridicule in these ciecumstance is somehow laudable, I fail to see where and I think the beenfit to the Township, and its image, is fae better served when we recognize its heros."

Someone isn't familiar with the Internet much is he?
2013-06-19 07:56:43 AM
1 votes:

noitsnot: Kind of weird how his CSB has you so frantic. Anything you want to talk about?


Actualy, yeah. Have you seen Now You See Me yet? That was an awesome movie. Probably one of the best movies I've seen in some time. Sure it has some of the same forumla like in Lucky Number Slevin or Layercake where you know there is some sort of long con in play and that there will be some cool twist/payoff at the end, but I found it really entertaining. I had a smile on my face through the whole thing. If you haven't seen it yet, go check it out.

/Thanks for listening man, I feel so much better now.
2013-06-19 01:57:00 AM
1 votes:

Maestro1701: 4tehsnowflakes: Gabrielmot:

You know you're boring the crap out of us, right?


Ah, have I failed to amuse you in this thread?  Do you want a refund?
2013-06-19 12:49:00 AM
1 votes:

Ross E. Krushan: Internet Tough AW here, all of you pay attention to this broad so she can feel better about her douchey self.


Says some swingin' diack on Fark. Well done asshole.

/an asshole is just an asshole
//stop being one to women
2013-06-18 08:41:58 PM
1 votes:
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 08:07:50 PM
1 votes:
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 08:03:19 PM
1 votes:
Why do we have such a complicated farking legal system and still have flawed laws? Why?
2013-06-18 07:45:29 PM
1 votes:

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 07:27:03 PM
1 votes:

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 07:08:20 PM
1 votes:

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 06:05:47 PM
1 votes:

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.
2013-06-18 05:56:21 PM
1 votes:
It was great, then good, then got really childish for some reason.  Some people don't know when to quit when they're ahead, I guess.
2013-06-18 05:50:27 PM
1 votes:

uncle soondead: Theaetetus: uncle soondead: Can someone post the response letter?

That letter is blocked at work for some reason

======

Stephen B. Kaplitt
Member of the Bar in New York * New Jersey * Maryland * District of Columbia (inactive)
1271 Avenue of the Americas
Suite 4300
New York, NY 10020
www.KaplittLegal.com
June 17, 2013

VIA EMAIL ONLY

Richard D. Trenk, Esq.
Township Attorney for the Township of West Orange
Trenk DiPasquale
347 Mount Pleasant Avenue
Suite 300 West Orange, New Jersey 07052

Dear Mr. Trenk:

I am pro bono counsel to Jake Freivald and write in response to your "cease and desist letter," dated May 13, 2013, regarding his domain westorange.info. Obviously it was sent in jest, and the world can certainly use more legal satire. Bravo, Mr. Trenk !

Not that we didn't get the joke ... but since Mr. Freivald had not previously encountered a humorous lawyer, he actually thought your letter may have been a serious effort by the Township to protect its legitimate interests. Rest assured, I've at least convinced him that it was certainly not some impulsive, ham-fisted attempt to bully a local resident solely because of his well-known political views. After all, as lawyers you and I both know that would be flagrantly unconstitutional and would also, in the words of my 4-year old, make you a big meanie.

Nonetheless, to further allay my client's concerns, will you kindly forward to me copies of the prank cease and desist letters you have no doubt also sent to the owners of the following domains:
   westorangeinfo.com (don't tell me you overlooked this one ... ?)westorange.patch.comwestorangenj.net (now that sounds like a Township website !)westorangehistory.comwestorangetax.comwestorangnurseries.comwestoran geins.comwestorangebassanglers.com (my personal favorite)westorangephoto.comwestorangeparade.comwestorangenephrology.c omwestorangeplumber.comwestorangerotary.orgwestorangemassagetherapy.co m (hopefully not a euphemism, suggest you investigate)
Oh, and just to play along, had you intended for your letter to be taken seriously, even in some small measure, we would have sent in response something along the following lines:

* * *

Dear Mr. Trenk:

1) The suggestion that Mr. Freivald's website is "likely to cause confusion" or "falsely create the impression" of association with the Township is farcical. As is evident from the attached home page snapshots, the Township's website is a "virtual" masterpiece developed by Icon Enterprises, Inc., d/b/a CivicPlus, at a cost to West Orange taxpayers of $35,000 (plus $5,000 per annum for hosting and maintenance). By contrast, my client's rudimentary website (cost: $3.17,1 free hosting) is so minimalist that it arguably qualifies as modern art.

2) To date, all ICANN rulings in this area have held that geographic domain names, by themselves, are not protected marks - especially when claimed by government or municipal authorities.2

3) I can't believe I really have to explain this, but here goes ... after nearly a century of First Amendment jurisprudence, it is well-settled that content-based restrictions on free speech by the government3 are subject to "strict scrutiny", and will only be upheld upon a showing that such restrictions "promote a compelling [governmental] interest" and are the "least restrictive means to further the articulated interest". See, e.g., Sable Communications of California, Inc. v. Fed. Comm. Commission, 492 U.S. 115, 126 (1989), and about a kajillion other U.S. Supreme Court free speech cases.

4) Will you kindly explain exactly which of its "federally protected rights" the Township believes my client "may" have violated.

5) So that I may properly counsel my client, please also explain what in Sam Hill's name you meant by "anything else confusingly similar thereto."

6) Last but not least, will you kindly provide to me the specific legal basis or bases for the Township's demand that my client cease and desist from "use, ownership and maintenance" of his domain. To paraphrase the bar exam instructions, feel free to cite any authority you consider relevant, including Federal, state or local laws, rules, regulations, ordinances, etc. (even those voluminous Township playground rules no one pays attention to). Since New Jersey Rule of Professional Conduct 4.1(a)(1) prohibits a lawyer from making a "false statement of material fact or law to a third person", surely you must have persuasive authority for the Township's extraordinary demand that my client relinquish private property lawfully purchased and owned by him.

If you manage to produce supporting authority that even remotely passes the laugh test, I will donate $100 in your honor to the American Civil Liberties Union - NJ Chapter. I plan to make the donation online, assuming the State of New Jersey has not shut down aclu-nj.org.

* * *

But of course, only a humorless suit would have sent such a response to your literary gag gift.

Sincerely yours,
Stephen B. Kaplitt

P.S. Off topic, but as long as we're chatting, I hereby demand from the Township a refund in the amount of $28,763.22 for excess property taxes levied on 74 Terrace Avenue since my acquisition of ownership on August 9, 2010. Detailed calculations and legal authority available on request.

P.P.S. Wait, I have a better idea. I just learned that westorange.gov is still available and any state or local agency can license it from the U.S. General Services Administration for only $125 per year. Since the whole refund thing might trigger a stampede if word got around, instead how about if I form a limited liability company to conceal my identity, and then use it to license westorange.gov from the GSA - I'll just need a letter from Mayor Parisi designating my LLC as an authorized Township agent - and then my LLC will sublicense it to the Township for a paid-up royalty of $28,763.22 ! Pretty clever, huh ? Krakoviak will be a hard sell, but Sayers should like it. Just something to consider ...

-----

[1] Jake swears that was his actual cost. Looking at his website, I believe him.

[2] See, e.g., City of Dearborn v. Dan Mekled d/b/a ID Solutions, FA 99602 (Nat. Arb. Forum Nov. 12, 2001)(insufficient evidence that "City of Dearborn" is a protected common law mark); City of Myrtle Beach v. Information Centers, Inc. FA 0112000103367(Nat. Arb. Forum March 8, 2002)("The City of Myrtle Beach is a geographical place. There is insufficient evidence that the name has acquired any secondary meaning [to create a protected trademark interest]"); and City of Salinas v. Brian Baughn, FA 97076 (Nat. Arb. Forum June 4, 2001)(insufficient evidence that "City of Salinas" mark acquired secondary meaning such that the City of Salinas may claim the exclusive right to use as a trademark).

[3] Yes, that includes the Township of West Orange. See Herbert v. Lando, 441 U.S. 153, 168 n. 16 (1979).
2013-06-18 05:40:56 PM
1 votes:

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.
2013-06-18 05:31:49 PM
1 votes:

Gabrielmot: It sounds (to me) like he's implying in the P.P.S. that someone is already doing this, and that his claim for "excess property taxes" from the P.S. would be valid if this was brought to light for the public. Actually sounds like a veiled threat.

-I think we may have found one of the last lawyers in the states with balls.


Yes, he has balls and yes he is making a threat in the PPS.  He is alleging that the current administration did a sweetheart deal to line someone's pockets on the official website design and maintenance.

However, the threat to harass the township with an unrelated claim over the valuation of his personal property for tax purposes is out of place and inappropriate.  It has nothing to do with the case.  And the threat to expose corruption does not belong here either.  If you piss off the judge you do a disservice to the client.

And to those imagining that the lawyer who wrote the letter could be in trouble for doing that, think again.  No case has been filed.  Even if it were filed, the bar is set pretty high on sanctioning lawyers for filing frivolous cases.  It has to be obviously for purposes of harassment.  A weak trademark-based claim is not going to get you there.
2013-06-18 05:19:41 PM
1 votes:

Lost Thought 00: The fact that lawyers, working for teh government no less, are legally allowed to threaten civilians like that in the first place is the real shame of our modern legal system.


Actually, the response specifically says he *can't* threaten him without cause, or he can be disbarred.

Has nothing to do with working for the government.
2013-06-18 05:18:51 PM
1 votes:

p0nk: any particular reason lawyer #1 consistently spells 'domain' with a capital D?  Does he think 'domain' is part of a proper noun?  Mr. Tech-savy Lawyer esq.


Because in this case it is. He uses "domain" when referring to the domain ("you registered and began to use the domain name") but uses Domain in the context of the "Info Domain", in the same vein as referring to "the Defendant", "Township", etc.
2013-06-18 05:17:40 PM
1 votes:
Meh. If I was the guy's attorney, my letter would've read:

Dear West Orange Lawyer Guy:

Re: your C&D letter.

Ha ha, no.

Signed,
Uzzah
2013-06-18 05:13:19 PM
1 votes:
I think more lawyers need to write humorous, semi-serious letters to each other.
2013-06-18 05:01:24 PM
1 votes:

Gyrfalcon: gingerjet: Voiceofreason01: Domain camping isn't cool.

You don't seem to know what 'domain camping' is so I'll just point out that this particular instance isn't an example of it.

This.

Which would have been my reply, if I'd been the attorney.


Good thing you're not an attorney then. This wasn't a cybersquatting complaint, it was a trademark complaint. Still fails, but not for the reason you think.
2013-06-18 05:00:28 PM
1 votes:

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.


I own a lot of property, including rentals, and I have legal threats aimed at me all the time. Luckily for me, a friend of the family is also my attorney of record. He's one of those small-town, mild-mannered types. Church deacon. Family man. And also a fearless barracuda who knows state property law, especially titles and deeds, forward and backward. I've actually seen people in the tax office grow pale when I mentioned his name during a discussion over land-use regulations, and they soon restored the agricultural tax value to some land they had mysteriously re-valued as residential.

His yearly fee is one of the few checks I write with a smile.
2013-06-18 04:56:11 PM
1 votes:
I'm confusted!
2013-06-18 04:54:01 PM
1 votes:

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.
2013-06-18 04:48:42 PM
1 votes:
Well said on the response. But, in fairness, that's among the least legalese legal letters (fake tm) I've ever seen (even with the "confusingly" part)
2013-06-18 04:45:08 PM
1 votes:
For me the gold standard for these letters is this:

http://www.audioholics.com/news/industry-news/blue-jeans-strikes-bac k
2013-06-18 04:42:28 PM
1 votes:
www.allfordmustangs.com
2013-06-18 04:42:18 PM
1 votes:
Small town politics is really fun.
2013-06-18 04:37:11 PM
1 votes:
I liked that one, but here is one of my all time favorites:

A letter to Art Modell's attorney
img.fark.net

And the response
img.fark.net
 
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