4 ms·

A lawyer I know once pointed out that a good first step one receipt of anything like this is to reply with "Please provide me with the full name and address of

by hbrav 3y ago

A lawyer I know once pointed out that a good first step one receipt of anything like this is to reply with "Please provide me with the full name and address of your counsel so I may know to whom I should address subsequent correspondence." If you do not receive an answer, you are not dealing with someone who is serious about taking you to court. If you do receive an answer, you should immediately check whether that person is actually licensed to practice law (you can usually check online). If not, report to the relevant bar association that [name] is presenting themselves as licensed to practice law (don't be spooky, send the full details to the bar association). Only if you are put in contact with an actual lawyer should you waste any energy thinking about this further.

mhuffman 3y ago
>"Please provide me with the full name and address of your counsel so I may know to whom I should address subsequent correspondence." >If not, report to the relevant bar association that [name] is presenting themselves as licensed to practice law (don't be spooky, send the full details to the bar association). In the US, at least, are people not allowed to represent themselves as their own counsel?
- malcolmgreaves 3y ago
  In the US, you cannot say that you are an attorney if you are not actually an attorney. Doing so is a crime: fraud. This is important, because if you're paying money to someone to be your attorney, it's important that they actually know what they're doing :) In the US, to be an attorney, one needs to pass the state's bar in the relevant area of law that one would practice. > In the US, at least, are people not allowed to represent themselves as their own counsel? Sure they can. But they can't say "I'm an attorney." That's what OP is getting at. For more context -- In the US, anyone can sue anyone for any reason. However, that doesn't mean it's going to be a valid or even successful suit. Except in small claims court, representing yourself in a legal situation is an absolutely terrible idea. Not only will you most certainly loose the suit for not following the proper legal procedures (pesky things like having an actual legal argument, presenting valid evidence, citing relevant laws and case precedents, understanding the opposing counsel's legal argument, evidence, citations, etc.) you could easily get yourself into a situation where you'd be wasting so much time and resources by fucking up that you could be slapped with a fine yourself! Or, let's say you're in court, have no idea what you're doing, and get so frustrated you start becoming unreasonable -- contempt of court, put into jail until you calm down. tl;dr You can't say you're an attorney if you're not one, that's a crime (fraud). If you interact with the legal system without an attorney, you're going to get screwed. :)
  - mhuffman 3y ago
    >"Please provide me with the full name and address of your counsel so I may know to whom I should address subsequent correspondence." All true of course. However, that is not how I read it. It said put me in touch with your counsel. If their answer is "I am my own counsel" then your take is that this is a crime? Of course, I understand if they say "I am an attorney" and they are not. But that is not what is being said. It reads like a grimy way for a bigger business to try to "trap" people without as many resources.
dkjaudyeqooe 3y ago
And if they are start preparing to represent yourself and how to write a submission to request summary judgement on the basis that you are now in compliance having been made aware of your technical non-compliance.
deleted 3y ago
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by hbrav 3y ago

mhuffman 3y ago

>"Please provide me with the full name and address of your counsel so I may know to whom I should address subsequent correspondence." >If not, report to the relevant bar association that [name] is presenting themselves as licensed to practice law (don't be spooky, send the full details to the bar association). In the US, at least, are people not allowed to represent themselves as their own counsel?

malcolmgreaves 3y ago
In the US, you cannot say that you are an attorney if you are not actually an attorney. Doing so is a crime: fraud. This is important, because if you're paying money to someone to be your attorney, it's important that they actually know what they're doing :) In the US, to be an attorney, one needs to pass the state's bar in the relevant area of law that one would practice. > In the US, at least, are people not allowed to represent themselves as their own counsel? Sure they can. But they can't say "I'm an attorney." That's what OP is getting at. For more context -- In the US, anyone can sue anyone for any reason. However, that doesn't mean it's going to be a valid or even successful suit. Except in small claims court, representing yourself in a legal situation is an absolutely terrible idea. Not only will you most certainly loose the suit for not following the proper legal procedures (pesky things like having an actual legal argument, presenting valid evidence, citing relevant laws and case precedents, understanding the opposing counsel's legal argument, evidence, citations, etc.) you could easily get yourself into a situation where you'd be wasting so much time and resources by fucking up that you could be slapped with a fine yourself! Or, let's say you're in court, have no idea what you're doing, and get so frustrated you start becoming unreasonable -- contempt of court, put into jail until you calm down. tl;dr You can't say you're an attorney if you're not one, that's a crime (fraud). If you interact with the legal system without an attorney, you're going to get screwed. :)
- mhuffman 3y ago
  >"Please provide me with the full name and address of your counsel so I may know to whom I should address subsequent correspondence." All true of course. However, that is not how I read it. It said put me in touch with your counsel. If their answer is "I am my own counsel" then your take is that this is a crime? Of course, I understand if they say "I am an attorney" and they are not. But that is not what is being said. It reads like a grimy way for a bigger business to try to "trap" people without as many resources.

dkjaudyeqooe 3y ago

And if they are start preparing to represent yourself and how to write a submission to request summary judgement on the basis that you are now in compliance having been made aware of your technical non-compliance.

deleted 3y ago

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