Nasty threats, lawyers and bluff

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Bobby

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This topic contains 2 replies, has 3 voices, and was last updated by PistolPete  PistolPete 3 years, 1 month ago.

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  • #367810
    +1
    Bobby
    Bobby
    Participant
    140

    A story from an acquaintance that I realize is a little off topic for mgtow.

    “After working twenty years in engineering a recession in my niche area hit. I ended up joining a private company in California specialising in handing some bureaucratic function of government. This private company had a tiny engineering department which amounted to 2% of the company. It was more a vanity unit for one high ranking director. The job I took was more of a poisoned chalice than anything.

    The company at one point transferred some of its workers to the engineering department. They had no engineering qualifications or real world experience. So what happened? Well they siphoned off large salaries and resigned en masse shortly before the deadline! That’s when I was hired.

    I spent most of my time frustrated at this company. Successful projects were sold off to clients at a tiny fraction of their real worth. Insane projects with design input from unqualified people with no common sense weren’t thrown away, but were given to competent people only to waste their time. Workers told me in private they knew the designs were bad, but refused to tell the director as they didn’t want to offend. One worker wrecked his own project and then moved on to wreck another project as he was given a critical, but small, part to do. This company could have been handed gold on a plate and they would still manage to trash it.

    Due to the out-of-date and old equipment, I got injured at work one day. I had to leave the company. I would have sued them, but I really didn’t want anything more to do with this company. Plus I thought it might ruin my reference from them. I just wanted to try to get better with no stress. Fortunately all many, many months I made a full recovery.

    I decided to go back to university and start up my own small business. Almost three years later, I had a small business running and was in the middle of a university assignment. Shortly afterwards I was due to sit university examinations.

    I then got a letter from a lawyer acting from this company telling me they would shortly take me to court for a variety of offences. The letter had no evidence it in whatsoever. No real explanations of the law to hand. It was just a huge pile of vaguely worded threats of how they would ruin my life via court action. I believe they were trying to use some intellectual property law. My business was in a different area to the company and I had no contact with these people for 3 years. Our clients and customers were totally different.

    The irony had me shocked. The company had practically shut down its engineering division and from what I heard they couldn’t even get a working product out the door. How could a defunct division of a company with no working project, sue someone with a working product? How can a working product infringe the intellectual property of a different product which doesn’t even work?

    They had a list of demands. They wanted my whole business turned over to them, lock, stock and barrell!

    I went to a lawyer. He didn’t think their case would ever go to court. Anyway the weeks and months rolled by. I found I could no longer get hold of my lawyer to talk to. He was always out of the office. My lawyer sent a letter back to the other side. We just got silence back. Six months later my lawyer eventually told me the other side had no time to pursue the matter. It was just left at that.

    Well the time has gone into years now. My lawyer had his practice closed down by a regulatory body as one of his other clients complained about him. The other side’s lawyer closed his practice down.

    Due to the stress at the time I told the university to cancel my examinations.

    I was greatly upset by this. I was surprised the old company would sue me given they injured me quite badly. I was surprised any lawyer would agree to take up their case against me. I made me think people just don’t care.

    When I feel blue I think back to this. I realize this is bad. In the end nothing happened. The other side just dropped the case and couldn’t be bothered to tell us in any sensible and timely manner. I cancelled my exams for nothing.

    I think it shows lawyers just take up cases regardless of their merit to get a bit of money in. I have no idea what the old company was trying to do. They wanted to make up for their lack of evidence, with threats and bluff. I’m surprised this sort of thing is allowed. Their letter to me was so over-the-top, it is difficult to see how they could have gone further with it.

    Perhaps a key point is to realize lawyers make up for lack of evidence, by threats and bluff. It is important to keep your cool. Your job is to point to the lack of evidence or the problems with their evidence. Your job is not to educate the other side or to provide them with new information. As some general advice, never say anything that could allow them to put their hooks into it or twist it.”

    #367831
    +1
    Greg Honda
    Greg Honda
    Participant
    6406

    I don’t know how it works in the states, but in the UK we have an awful lot of “No Win No Fee” corporate legal claims businesses. For the benefit of UK members I would like to pass on the following:

    I had two run ins with them.

    The first was an injury I got while riding. A car just pulled out on me and bust my foot. Open and shut case with witnesses. My insurance had a “Legal Protection” service built into the policy so when I reported the accident the lawyers were all over me. They sent me a contract to sign for them to represent my claim. It was like a telephone directory of small print. Most people wouldn’t bother reading it but I read the whole dam lot.

    What it boiled down to was this. We take your case and work on it for however long it takes. You are obligated to provide evidence at any time we demand. We take our fees from the opposing side, BUT, and this is the important thing, we take our Disbursements out of your compensation. What are Disbursements? They are any and all costs relating to the case, from making a phone call, writing a letter, to turning up in court if it gets that far. Their hourly rate was over £100/Hr.

    Added to this was a clause that stated if I failed or was late to provide any evidence they required of me they could drop my case at will and send me a bill for all the “work” they had so far done on my behalf. I talked to them on the phone and asked how long these cases went on for? They said a couple of years. Thats a long time to amass Disbursements. I asked what my compensation would be? About £1700.

    I told them I wasn’t signing and I would handle the claim myself. I had a hard time convincing the other guy’s insurance people that I wasn’t using my Law firm. They said this firm had already grabbed my case and were the only people they could deal with. Eventually they dealkt with me and I got my compensation in 2 months of £2000.

    The seccond time was when my wife was badly treated by the hospital. I was mad and wanted to sue their asses. However, I was pulled in by the police on a false accusation and had some time to speak to the duty solicitor. I told her I was going to sue the hospital and she said “DON’T”. She said it could go on for years and would eventually wear me down to the point that I would fail to take time off work to go to a “meeting” and then they would drop the case and bill me for all the fees.

    She said she had seen people loose their houses and go bankrupt with the size of the fees demanded by the lawyers.

    This was a Lawyer telling me “Don’t use Lawyers” unless your case is so watertight that no contest is possible.

    I believe a lot of peolple fall for these No Win No Fee guys and live to regret it.

    The system is stacked against the small guy everytime.

    It's Time to get Wise

    #367852
    +2
    PistolPete
    PistolPete
    Participant
    27143

    I think it shows lawyers just take up cases regardless of their merit to get a bit of money in. I have no idea what the old company was trying to do.

    Precisely—nothing matters to them but the money. What was the other company trying to do? easy answer: frighten you into some kind of settlement OR drain your resources by compelling you to respond in court. (Often they will have calculated the court cost for you–and the settlement offer will be JUST under that amount…hence the argument it will cost you less to settle than fight it.) They really do think this way. As an aside law school really isn’t that tough BUT they work very hard to weed out anyone motivated by principal or morality.

    When I was an attorney for the government I had many a Union Official call me a “hired-gun” for the brass. And there is some truth to that but not always. One reason I left the VA and went to work for the DoD was because of the things I was being told to do—things which were clearly unethical and could have been illegal so I quit.

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