Without getting into too much detail, let’s just say that I see all kinds of crazy stuff in my line of work. Some of the things that come across my desk make me frustrated with society and you probably know that I blog about Fighting Fair on the Internet because of the things that I see. In addition, sometimes the things that I see that frustrate me include others that are part of my profession. Like any profession, there are certain shit bags (okay, maybe they aren’t all shitbags…just most of them) out there that give us lawyers a bad reputation and quite frankly, it pisses me off.
Some things that I see warrant a full blog article – so I write those. Others just warrant a short mention because I find the conduct both outrageous AND funny. I’ve decided to start a collection of true stories, with some identifying facts modified so I don’t have to deal with the psychos, and will be continually adding more of those to the #MORONFILES for your reading pleasure:
09/10/2018 #MORONFILES ENTRY:
If you are a lawyer and your website boasts that you are the top “insert any law practice not having to do with civil internet defamation matters here” and that is ALL that it is listed that you practice on your website…perhaps you should stick with what you know. More often than not, dabbling makes you look like an unprofessional asshole to those who do practice in the area you are dabbling in and you are really doing a disservice to your client. Don’t get me wrong, I’m all for learning new areas of law… I wouldn’t be doing what I am doing but for me learning new stuff…but I could do reasearch on my own and I also found mentors. And if you don’t have a mentor, you should be damn smart enough to conduct basic research first before you go sending your little nasty grahams. Have a leg to stand on for crying out loud! Be smart enough to know what you don’t know. When in doubt, refer it out!
So client gets a letter from a law firm, from a foreign jurisdiction (but not THAT foreign – like this country likes to cite to our case-law on occasion) that basically provides the run of the mill demand letter and threat of litigation if the client doesn’t comply. Sounds rather standard; so what’s the problem? This particular lawyer has not a f*cking clue what he/she is talking about. This is evident by the fact that they cited to a local statute that would ONLY make sense if it was filed some 2+ years ago…and if they applied to someone OTHER than this particular client. *Sigh*
I don’t care what area of law you practice in – claims have some sort of statute of limitations. If your law school education didn’t teach you that – go get your damn money back! It’s basic legal analysis 101. If you are going to make a demand, you should probably look that up first to see if your threat of litigation is going to make you look like a tool or not by being outside of the statute of limitations for the claim you are asserting. Now, I know that some attorneys argue that it is okay to bring a claim that is outside of the SOL and wait to see if the Defendant raises that defense. I do not subscribe to that kind of lawyering and some State Bar opinions are with me on this. Second, you should see if such liability actually even extends to the person/entity that you are threatening…and if your own jurisdiction didn’t just create some law that is totally opposite of the position that you are trying to pursue. Yeah, because I can do research too…and that happened here. *Asshat*
This is a prime example of a person/firm that I won’t forget…and it is a person/firm that I would NEVER refer anyone to…because they have already proven they don’t do necessary research to adequately advise a client. That is true of anyone who makes my #MoronFiles list (the list is getting longer by the day – though I don’t write about them all). This is why I think it’s important that clients and lawyers understand statute of limitations and other pertinent aspects that should be contemplated before sending such threats. It’s not just your client that is watching you (and that you could be harming by wasting their resources)…so are others in the profession. I remember who are above-board and who aren’t…and I’m happy to refer to colleagues in the space, even if they are opposite of a client of mine, if they show professionalism. To be clear, this isn’t the first of it’s kind…just felt like venting regarding this one today.
Until next time friends!