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> and I'm speaking as an actual licensed attorney. and so the racket continues

by oauea 5y ago

codingdave 5y ago
Exactly. Licensed attorney's typically avoid any commentary at all that could be construed as advice, to avoid creating a relationship. So if someone is sticking their neck out, it is hard to imagine there isn't an ulterior motive in telling everyone to lawyer up when they get a letter. Not that their advice is wrong - you should consult a lawyer over internet advice. But the "everyone else is wrong, listen to me" flavor is a bit heavy-handed.
- otterley 5y ago
  I'm being heavy-handed here because 20 years ago, before I was a lawyer, I was sued, failed to hire counsel in time, and unnecessarily lost my shirt as a result. I don't want the same thing to happen to OP. Legal questions come up on HN from time to time and the usual response is a bunch of wannabe lawyers incorrecting one another, and if OP follows any of their advice, Bad Things could result. I spoke up early this time in what was perhaps a foolish attempt to short-circuit this. No competent attorney is going to give legal advice here -- money aside -- because they would be violating their professional ethics code by doing so. Giving legal advice requires knowing facts at a very detailed level (the degree to which is rarely found in the post), knowing the laws in the jurisdiction(s), and having relationships and experience. Not to mention attorney-client confidentiality, and other reasons.
  - sdoering 5y ago
    Thanks for being a voice of reason.
CuriousCosmic 5y ago
This is the equivalent of a doctor saying "if you think you have cancer, don't blindly listen to the internet and consult a doctor and I say that as a licensed medical professional". This isn't someone trying to rope someone into a racket for their own gain, it's "Our laws and legal system are a clusterfuck that varies wildly from region to region. Get a free (or at least cheap) consult instead of taking a risk trying to navigate this yourself". There is no situation in which it is worthwhile to take the risk to try and navigate that clusterfuck yourself. Spend the 50USD or so and the hour of your time it'll cost at most to get a consult and go from there. At best you can get something out of this whole interaction but at worst if you don't consult a lawyer you can end up without the domain, without any money from selling the domain, and saddled with legal fees defending a lawsuit against you.
- will4274 5y ago
  Except that it isn't cancer. It's a headache. And sure, WebMD will tell you to call a doctor in case your headache is a blood clot. But most people just take aspirin.
TheSpiceIsLife 5y ago
Whether or not you, or anyone else, believes, and / or can demonstrate, the current state of society and legal systems is a racket, doesn’t magic away the problem of a potential default judgement.

> and I'm speaking as an actual licensed attorney. and so the racket continues

by oauea 5y ago

> and I'm speaking as an actual licensed attorney. and so the racket continues

Exactly. Licensed attorney's typically avoid any commentary at all that could be construed as advice, to avoid creating a relationship. So if someone is sticking their neck out, it is hard to imagine there isn't an ulterior motive in telling everyone to lawyer up when they get a letter. Not that their advice is wrong - you should consult a lawyer over internet advice. But the "everyone else is wrong, listen to me" flavor is a bit heavy-handed.

otterley 5y ago
I'm being heavy-handed here because 20 years ago, before I was a lawyer, I was sued, failed to hire counsel in time, and unnecessarily lost my shirt as a result. I don't want the same thing to happen to OP. Legal questions come up on HN from time to time and the usual response is a bunch of wannabe lawyers incorrecting one another, and if OP follows any of their advice, Bad Things could result. I spoke up early this time in what was perhaps a foolish attempt to short-circuit this. No competent attorney is going to give legal advice here -- money aside -- because they would be violating their professional ethics code by doing so. Giving legal advice requires knowing facts at a very detailed level (the degree to which is rarely found in the post), knowing the laws in the jurisdiction(s), and having relationships and experience. Not to mention attorney-client confidentiality, and other reasons.
- sdoering 5y ago
  Thanks for being a voice of reason.

CuriousCosmic 5y ago

This is the equivalent of a doctor saying "if you think you have cancer, don't blindly listen to the internet and consult a doctor and I say that as a licensed medical professional". This isn't someone trying to rope someone into a racket for their own gain, it's "Our laws and legal system are a clusterfuck that varies wildly from region to region. Get a free (or at least cheap) consult instead of taking a risk trying to navigate this yourself". There is no situation in which it is worthwhile to take the risk to try and navigate that clusterfuck yourself. Spend the 50USD or so and the hour of your time it'll cost at most to get a consult and go from there. At best you can get something out of this whole interaction but at worst if you don't consult a lawyer you can end up without the domain, without any money from selling the domain, and saddled with legal fees defending a lawsuit against you.

will4274 5y ago
Except that it isn't cancer. It's a headache. And sure, WebMD will tell you to call a doctor in case your headache is a blood clot. But most people just take aspirin.

TheSpiceIsLife 5y ago

Whether or not you, or anyone else, believes, and / or can demonstrate, the current state of society and legal systems is a racket, doesn’t magic away the problem of a potential default judgement.