3 ms·

If you have not received a C&D before then the reason to consult with an attorney is to evaluate the risk. A lot of legal trouble arises from assuming you under

If you have not received a C&D before then the reason to consult with an attorney is to evaluate the risk. A lot of legal trouble arises from assuming you understand something when you actually don't. (Ask me how I know.)

phendrenad2 3y ago
How do you know?
- hodgesrm 3y ago
  Signed a legal document in support of an open source initiative against patents that had a section that was confusing and hard to understand. I remember thinking it was probably no big deal and anyway the document was for a good cause. A couple years later that section had legal consequences almost derailed a major transaction involving our company. We could have avoided the whole thing by checking with our lawyer first. Moral of the story: never sign any legal document you don't understand.
  - jdsully 3y ago
    Theres a big difference between not responding and proactively signing something.
    - hodgesrm 3y ago
      Not responding is also an action. Just assuming it's safe to ignore a C&D without understanding possible risks would not be my first choice. For instance it would be helpful to know if you need to seek out additional legal counsel which is potentially time-consuming and expensive.
baobabKoodaa 3y ago
> If you have not received a C&D before then the reason to consult with an attorney is to evaluate the risk. The poster you are responding to just explained that most lawyers are too guarded to offer a useful evaluation of the risk, thus rendering their advice useless or low value.
- hodgesrm 3y ago
  That is a bad reason not to consult with a lawyer. Hire a good one who knows the business you are in.
  - baobabKoodaa 3y ago
    And how exactly is a normal person going to evaluate which lawyer is a "good one" and which is not?
    - deleted 3y ago
      [deleted]
    - Aeolun 3y ago
      If they say ‘it depends’ they are a bad one? Of course, you’d have to not pay them for pointless advice, or it gets expensive very quickly.
      - baobabKoodaa 3y ago
        Ok, so you get a lawyer, ask their advice, realize it's worthless, and then you... don't pay the lawyer's bill? So now you have 2 legal issues, and no lawyer. Sounds like a worse position than what we started off with.
        Aeolun 3y ago
        There should be some clause about the advice being worthless. Same as when I buy a product online but nothing is actually delivered?
    - hodgesrm 3y ago
      You can do it. The basic problem is that you are hiring somebody to do something you don't know how to do yourself. Here's my approach for lawyers or tax accountants, another gloriously arcane field. 1. Get recommendations from people you trust. Talk to at least three people. 2. Pose your problem and ask them what they recommend doing. Do they listen carefully? Have they dealt with similar problems before? Do they present options in clearly understandable language that allow you to make choices? Do they respond to your questions and concerns? 3. Check their rates and ask for an upfront estimate of the hours to solve your problem. Get the best person you can afford. (Think about how much it's worth to you.) 4. Check references. 5. Switch if things don't work out. #2 is a big deal. Don't be intimidated. This person is your interpreter of the law. If they can't explain it clearly that's their problem, not yours. Keep looking until you find the right person.

phendrenad2 3y ago

How do you know?

hodgesrm 3y ago
Signed a legal document in support of an open source initiative against patents that had a section that was confusing and hard to understand. I remember thinking it was probably no big deal and anyway the document was for a good cause. A couple years later that section had legal consequences almost derailed a major transaction involving our company. We could have avoided the whole thing by checking with our lawyer first. Moral of the story: never sign any legal document you don't understand.
- jdsully 3y ago
  Theres a big difference between not responding and proactively signing something.
  - hodgesrm 3y ago
    Not responding is also an action. Just assuming it's safe to ignore a C&D without understanding possible risks would not be my first choice. For instance it would be helpful to know if you need to seek out additional legal counsel which is potentially time-consuming and expensive.

baobabKoodaa 3y ago

> If you have not received a C&D before then the reason to consult with an attorney is to evaluate the risk. The poster you are responding to just explained that most lawyers are too guarded to offer a useful evaluation of the risk, thus rendering their advice useless or low value.

hodgesrm 3y ago
That is a bad reason not to consult with a lawyer. Hire a good one who knows the business you are in.
- baobabKoodaa 3y ago
  And how exactly is a normal person going to evaluate which lawyer is a "good one" and which is not?
  - deleted 3y ago
    [deleted]
  - Aeolun 3y ago
    If they say ‘it depends’ they are a bad one? Of course, you’d have to not pay them for pointless advice, or it gets expensive very quickly.
    - baobabKoodaa 3y ago
      Ok, so you get a lawyer, ask their advice, realize it's worthless, and then you... don't pay the lawyer's bill? So now you have 2 legal issues, and no lawyer. Sounds like a worse position than what we started off with.
      - Aeolun 3y ago
        There should be some clause about the advice being worthless. Same as when I buy a product online but nothing is actually delivered?
  - hodgesrm 3y ago
    You can do it. The basic problem is that you are hiring somebody to do something you don't know how to do yourself. Here's my approach for lawyers or tax accountants, another gloriously arcane field. 1. Get recommendations from people you trust. Talk to at least three people. 2. Pose your problem and ask them what they recommend doing. Do they listen carefully? Have they dealt with similar problems before? Do they present options in clearly understandable language that allow you to make choices? Do they respond to your questions and concerns? 3. Check their rates and ask for an upfront estimate of the hours to solve your problem. Get the best person you can afford. (Think about how much it's worth to you.) 4. Check references. 5. Switch if things don't work out. #2 is a big deal. Don't be intimidated. This person is your interpreter of the law. If they can't explain it clearly that's their problem, not yours. Keep looking until you find the right person.