OT: Forum legalish question

Fred puissante at lrc.puissante.com
Mon Mar 6 18:20:01 EST 2006


On Saturday 04 March 2006 22:05, Michael ODonnell wrote:
> Even if you are completely blameless and all of your actions
> have been so completely inside all legal and practical limits
> that nobody bringing suit against you could possibly prevail,
> the mere act of filing suit against you causes you real,
> measurable harm.  It will cost you some combination of
> time, money, reputation and even the oft ridiculed (but
> nevertheless *entirely* real) emotional distress.
>
> Every grownup should be prepared to accept *some* amount of
> that sort of crap, but a countersuit (or even a detailed
> description of the redress such a countersuit would seek) can
> sometimes serve to jar your opponents out of a melodramatic
> tantrum and remind them that their actions have consequences...

As one who actually sued some idiots for making outlandish false allegations 
against me, I must say that the results of the suit were "bittersweet". On 
the one hand, I took action to address the great harm their false 
allegations did against me and my family. On the other hand, I was less than 
satisfied with the outcome. While I did win the suit, it was no where near 
to addressing the damage done.  And for certain reasons I won't mention here 
I was fairly confident that a counter-suit would not take place.

But just doing the suit itself was very stressful on my behalf, even though I 
was the plaintiff. The defendants did not back down on their bald face lies, 
and watching them tell them again and again both during the depositions and 
during mediation was -- well, to put it euphemistically, annoying.

These days I am spending a bit of time learning enough about the law where I 
can conduct -- and also defend myself, if necessary -- lawsuits pro se. Will 
cut my own legal costs dramatically, and will give me greater control over 
the outcomes. Of course, that is all traded for time I'll have to spend 
doing the legal research myself. You just can't win. But in the crazy 
society we currently live in, one must be prepared.

And hopefully the idiots out there will learn a lesson about minding their 
own business. If they must feel so compelled to make false allegations then 
I will feel equally compelled to sue them. 

As in the website case, make sure that everything you present there is 
factual. That way, if they DO sue you, all of those facts will be brought up 
in court and it will be egg on their face. It becomes public record, the 
news media may get involved, and it can become a real fun circus. I would 
even call their bluff -- after having all the ducks lined up in a row, 
documented, and nailed down solid.

But being sued will be no fun, mark my words. Be sure to set up a means to 
protect you assets via insurance or some other means. Your homeowner's 
insurance may protect you against a suit -- but check your policy, of 
course. Just make sure all your bases are covered and you'll be fine. And 
get a good *reputable* lawyer to have on retainer, not some fly-by-night op.

-Fred



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