Anonymous
Post 12/08/2011 20:51     Subject: Re:Question for Attorneys
some of the letter are probably hillarious I would just go ahead and post them. The irony is that it makes the people complaining about people's complaints look even worse.

Here's a really funny one:
The very special but also very real letter is from the National Pork Board, who claims we're infringing on the slogan "The Other White Meat," a slogan they're apparently thinking about phasing out anyways. A screengrab of the product page is below.

http://www.thinkgeek.com/blog/2010/06/officially-our-bestever-cease.html
Anonymous
Post 12/08/2011 20:50     Subject: Re:Question for Attorneys
Anonymous wrote:Same disclaimer as above. My area of practice includes privacy, confidentiality, and a little bit of copyright, and I can't think of any statute or regulation that would prohibit you from displaying these letters or disclosing their contents. There's no privacy interest in a cease-and-desist letter from an attorney regarding a web site that's open to the public. As the recipient of such letter, you have no duty of confidentiality to the attorney or the client. Any copyright in the letter would be minimal, and I agree with PPs that your display of the document on the web site would be permitted as fair use.


IP lawyer here. I agree with this post.
jsteele
Post 12/08/2011 20:44     Subject: Question for Attorneys
Anonymous wrote:Probably not legally actionable, but if I were your attorney I would advise you not to do it. It looks malicious -- if whatever the atty complained about was in fact defamation, and then you escalate by publishing the document asking you to stop, it is not going to make you look good to a judge, and could be used as evidence of malice. It also might spur whoever to actually sue you.


If what they were complaining about were clearly defamatory, I would remove the post without question. In all likelihood, someone would have pointed the message out to me well before it reached that point and I would have removed it. I have no interest in seeing this site used to defame either people or businesses. The letters I am asking about deal with cases that are either not clear cut or clearly not defamatory.
Anonymous
Post 12/08/2011 19:40     Subject: Question for Attorneys
Probably not legally actionable, but if I were your attorney I would advise you not to do it. It looks malicious -- if whatever the atty complained about was in fact defamation, and then you escalate by publishing the document asking you to stop, it is not going to make you look good to a judge, and could be used as evidence of malice. It also might spur whoever to actually sue you.
Anonymous
Post 12/08/2011 18:24     Subject: Re:Question for Attorneys
My first thought was the bakery in Bethesda with the breastfeeding controversy.
Anonymous
Post 12/08/2011 12:46     Subject: Question for Attorneys
Anonymous wrote:My husband is a big law partner. The members of the firm do not get to write random letters using their firm's letterhead. I don't know of any law firm that allows random "intimidation" letters on firm letterhead for the reasons you stated.
I've written all kinds of cease and desist letters for "friends of the firm" aka college roommates, best man at his wedding, nephew of power partners. The letters were always on the correct side of Rule 11, but it was understood the firm would not take the case to litigation if it came to that. These would be the letters that end with a warning that the client will vigorously pursue all remedies available under the law aka small claims court.
Anonymous
Post 12/08/2011 12:38     Subject: Re:Question for Attorneys
Same disclaimer as above. My area of practice includes privacy, confidentiality, and a little bit of copyright, and I can't think of any statute or regulation that would prohibit you from displaying these letters or disclosing their contents. There's no privacy interest in a cease-and-desist letter from an attorney regarding a web site that's open to the public. As the recipient of such letter, you have no duty of confidentiality to the attorney or the client. Any copyright in the letter would be minimal, and I agree with PPs that your display of the document on the web site would be permitted as fair use.
jsteele
Post 12/08/2011 11:45     Subject: Re:Question for Attorneys
Anonymous wrote:
Anonymous wrote:I can't believe that people would actually hire attorneys because of posts on DC Urbanmom. ...

I'm guessing a lot of these letters come from lawyers who are friends/relatives of the people who are pissed off. The lawyers are writing as a favor. The whole point of having the lawyer write on letterhead is to intimidate in a way non-lawyers cannot. I get these kind of requests from friends and relatives fairly often. My firm prohibits me from doing this (because of possible malpractice and conflicts issues), so I usually turn them down.


It has been my impression that many of the letters are written as a favor. They seem to expect that at the first sign of legal letterhead I will be dancing to whatever tune they are calling. When that doesn't happen, I generally never hear from them again. I am also very surprised that people will immediately go the route of involving an attorney. I am very accessible and willing to discuss potentially defamatory posts in a reasonable and civil manner. But, the normal tone of these letters just makes me irritable. They end up being counterproductive.
Anonymous
Post 12/08/2011 11:40     Subject: Question for Attorneys
Anonymous wrote:My husband is a big law partner. The members of the firm do not get to write random letters using their firm's letterhead. I don't know of any law firm that allows random "intimidation" letters on firm letterhead for the reasons you stated.

Right -- all big forms will prohibit this. But it's pretty common with small firms and solo practitioners.
Anonymous
Post 12/08/2011 11:35     Subject: Question for Attorneys
My husband is a big law partner. The members of the firm do not get to write random letters using their firm's letterhead. I don't know of any law firm that allows random "intimidation" letters on firm letterhead for the reasons you stated.
Anonymous
Post 12/08/2011 11:31     Subject: Re:Question for Attorneys
Anonymous wrote:I can't believe that people would actually hire attorneys because of posts on DC Urbanmom. ...

I'm guessing a lot of these letters come from lawyers who are friends/relatives of the people who are pissed off. The lawyers are writing as a favor. The whole point of having the lawyer write on letterhead is to intimidate in a way non-lawyers cannot. I get these kind of requests from friends and relatives fairly often. My firm prohibits me from doing this (because of possible malpractice and conflicts issues), so I usually turn them down.
Anonymous
Post 12/08/2011 11:23     Subject: Re:Question for Attorneys
Anonymous wrote:
Anonymous wrote:well, I think anonymous unsubstantiated rumors posted about a person's business are uncool. That is a person's livelihood.


I have never understod this argument. Do you read reviews on Amazon before buying a product? How about restaurant reviews? How about looking at how many "stars" a shirt received at Banana Republic? And when does a reviev become negative? What if I say I wasn't completely satisfied with the work done by XXX Roofer and would not recommend them? Cool or not cool? What about the daycare reviews? You think we shouldn't have that either?


First, it depends on the size of the business and the type of product. Amazon reviews make sense to me, though I wouldn't read them. But what kind of weirdo reviews a daycare provider or a dentist? My guess is only those who are a pain in the ass and wanting to complain about something. And these anonymous reviews do not allow the business or provider to respond. No, I do not like it and think it unfair.
Anonymous
Post 12/08/2011 11:13     Subject: Re:Question for Attorneys
Anonymous wrote:well, I think anonymous unsubstantiated rumors posted about a person's business are uncool. That is a person's livelihood.


I have never understod this argument. Do you read reviews on Amazon before buying a product? How about restaurant reviews? How about looking at how many "stars" a shirt received at Banana Republic? And when does a reviev become negative? What if I say I wasn't completely satisfied with the work done by XXX Roofer and would not recommend them? Cool or not cool? What about the daycare reviews? You think we shouldn't have that either?
Anonymous
Post 12/08/2011 11:11     Subject: Question for Attorneys
Anonymous wrote:
Anonymous wrote:I find it shocking that people would pay lawyers "with some regularity" to write letters to Jeff about content here. The one time I had to hire a lawyer to write a letter (involving a fence dispute with a neighbor) it cost me like $300.


A good lawyer gets $500 or $600 an hour. $300 seems about right.


Lol!
Anonymous
Post 12/08/2011 11:08     Subject: Question for Attorneys
Anonymous wrote:I find it shocking that people would pay lawyers "with some regularity" to write letters to Jeff about content here. The one time I had to hire a lawyer to write a letter (involving a fence dispute with a neighbor) it cost me like $300.


A good lawyer gets $500 or $600 an hour. $300 seems about right.