Sample of intimidating lettersfrom attorneys Only unregistered free sex chat
Ultimately, the author hopes that you will be so frightened by the strength of his legal claims and the damning nature of the evidence he’s collected, you’ll stop whatever it is you’re doing to avoid ending up in an expensive trial. A C&D is the opinion of one attorney who is representing the person who feels harmed by you.
Attorneys are sworn to tell the truth and not make false claims, but we’re not prohibited against having bad or even wrong opinions.
The Cease and Desist Factory that sent you the letter hopes you’ll just do what they ask and leave it at that. Unless all of the elements exist, you ain’t got no claim.
But if you see an attorney, they want your attorney to know C&D Factory has a strong case. So in a C&D, the author will try and show that all of the elements of the claim he’s making exist. You’ll want to find an attorney who has experience litigating that kind of law. See if your area has a volunteer lawyers for artists program. Even if they can’t find you a pro bono lawyer, they’ll be in a good position to help you find an attorney with the kind of experience you need.
Lawyers aren’t mind readers and you may want a totally different result than the last client did.
(If you have been hiding under a rock, or aren’t a nerd, you can get caught up on the whole fiasco here.) There are quite a few good posts about the legal issues involved and why the letter is a flaming pile of legal poo, but I haven’t seen any posts about what a cease and desist letter is, and what to do if you aren’t Matthew Inman with millions of rabid internet fans and you get one of these nasty grams. The second purpose of these letters might help explain why they often sound as if they were written by an angry pedantic badger.
So they cite laws and court opinions that support their view of what’s happening. The opinion is the result of a court case and is the judge’s determination of how the laws at issue are properly interpreted in such situations. Rather than creatively rephrase those elements, attorneys regurgitate the legal language word-for-word like a Mama bird. But before you call just any attorney, do some homework. Another option is contacting your state Bar organization and asking about their referral program.
C&D Factory cites those laws and legal opinions in hopes of convincing you and your attorney that the law is on its side. It might sound stupid to normal people, but it helps make sure other lawyers know exactly what’s being claimed. : read through the letter and do your best to figure out what kind of law the author is talking about. Many Bars (they kind lawyers pass, not the kind they drink at) have programs where attorneys agree to take cases on for a discount or offer a free evaluation.
If you remember nothing else from this post, remember this: .
While it’s likely the person writing the C&D will say they’ll sue you, and they might even genuinely have plans to do so, getting a C&D does not mean you will definitely be sued.