When should a person take a threat of a lawsuit seriously?

A divorce lawyer, huh? Out of his depth, maybe? If all he does is family law, maybe he is dumb enough to think he has a case.

…Nah. Let me correct a typo here:

Call the guy up.* Find out for yourself whether its him or his son who is emailing you using the address.

If its actually him, and not his kid, then laugh and hang up. :stuck_out_tongue:

-FrL-

*I’m assuming you’ve got his phone number since you matched his name to his email address based on his website.

I’m posting to respond with “general insights.” I can’t and won’t address the actual legal issues involved, as I am not your lawyer, you are not my client, I’m not licensed in any jurisdiction that is relevant or interesting, and what I have to say is very likely unreliable. (Not as unreliable as much that’s already been posted in this thread, but maybe someone else will swing by and knock out those misstatements.)

When and whether to consult an attorney could be represented by a mathematical equation, if one were so inclined. It’s a calculus composed of the perceived threat, the communications received from the other side, one’s assets, and one’s interest level.

For example, if one receives a “summons,” one is involved in a lawsuit, and likely should consult an attorney. If one receives a demand letter (also known in the trade as a nasty-gram), then one should consider consulting an attorney. A demand letter generally follows this form:

I am Lawyer Larry, and I represent Client Carrie, who has claims against your organization for negligence, intentional infliction of emotional distress, fraud and deceit, and conversion. Those claims are founded on the following facts. [insert recitation of facts.] We believe that our client would prevail at trial. However, to resolve these claims before trial…etc., etc.

If one has more assets, I think one consults an attorney sooner. Or, if one is particularly interested in the incident at issue, or believes that for some reason one is particularly vulnerable to a threat, one also may consult an attorney sooner.

In addition, many law firms and legal aid societies will provide low or no cost legal assistance to non profit organizations. A non profit organization faced with a threat that it would like assistance analyzing may benefit from contacting local bar associations and/or legal aid societies and requesting a referral to a firm that would look at the case on a pro bono basis.

I express no opinion regarding the facts of the matter, and certainly have no opinion regarding the merits of the underlying claim. I will, however, suggest that based on the facts posted thus far, it shouldn’t be hard to find someone willing to write a pro bono nasty-gram and, if that remains unsuccessful in dissuading the gentleman who contends he is a divorce lawyer from engaging in civil litigation in propria persona, opening a can of whoop-ass. As we say in the trade. :wink:

Ah, everyone loves a cart00ney. :smiley:

To emphasize, phoney legal threats get thrown around in less well-mannered online fora about as freely as "fucktard"s get thrown around in the Pit. There is no reason for anyone to take an online threat alone seriously unless some jurisdiction has gone off the deep end and begun catering to the anarchists, lunatics, and terrorists of the kooky world order.

jsgoddess, tell the moron to keep it up and take his show to Usenet. He might be in line for a balsa gavel if he really works at it.

One of my favourite tricks is setting up a long and reasonable chain of correspondence with lawyers - obviously printed rather than by Email.

It runs up the bills, collects evidence and eventually results in the lawyer sacking their client.

In this case you can’t run up the bills, but if the guy is for real, then writing a letter on headed notepaper takes a bit more effort than firing of an Email.

Personally I would Email him, giving him your postal address and asking for a written statement of his complaint - also saying that you are unwilling to communicate by Email.
It is unlikely that he’ll actually send you a letter - but if he does you can have some fun.

You can then write back, refuting just one of his points and requesting further information on another. The idea is to keep things going as long as possible, looking totally reasonable and getting them/their client to look like idiots.

Lawywrs can be successful outside their area of specialty. I have a friend who is a lawyer specialising in wrongful injury claims, especially those arising out of employment. I have another friend who was sued for defamation. My lawyer friend represented the alleged defamer up to the High Court of Australia, where he won on various fairly subtle legal points which the other side hadn’t picked up on.

So a decent divorce lawyer could operate in this area successfully – but I doubt if this is happening here.

I agree. Time to call his bluff. Inform him that it is illegal to impersonate a lawyer, and all correspondance is being forwarded to the State Bar. That may scare the little twirp if he thinks Dad is going to get a call from the ethics board at the state bar.

Age discrimination?

I presume that some of the poetry that may be found on the board includes sexual references and such. (Or they might, as there is no way to prevent a poster from submitting such a piece long enough for a child to see it.) I therefore guess, and I am not a lawyer, that restricting membership to adults is a legitamate concern.

General meanness?

Well, the board has posted (stickied?) rules. It lays out what is acceptable, and what happens when those rules are violated. The kid violated the rules (I assume that is what is meant by trolling). He suffered the banning. Boo hoo, too bad.

I presume that any organisation paying the bills for a website can manage it in anyway they see fit. The Straight Dope can ban me for having brown hair, if they like. The kid (or adult, for that matter) has no “right” to post on a website, get their article published in a newspaper, or have their face shown on commercial TV.

I would call his bluff. Sounds like the “lawyer” is really the kid.

We’ve found it’s best to just ignore such threats. Responding only encourages them.

My suggestion is to call the father at his office and tell him you have had it suggested to you to contact him by phone and discuss the specifics of his alligations.

I have a feeling that the son may be making this up out of whole cloth and as such may come as a complete surprise to the father (if it is indeed his father). If the father is actually involved. He can explain why he feels that:

  1. It is age discrimination. I am pretty familiar with Colorado law and there are few barriers in discrimination because of youth.

  2. Why his son didn’t have to follow the rules.

  3. How he came up with the figure of $800,000.

If the person seems sincere in his desire to continue with the lawsuit. Look up legal aid or the ACLU in the phone book and explain the situation. But as I said call the guy. It is easy to pretend to be an attorney on the internet.

I would ignore it unless or until I got something that appeared to be a formal demand letter. Then I’d talk to a lawyer.

I second this post.

However my motivation is: I want to find out what happens.

-FrL-

While I think that it 80% chance that it is the kid, it strikes me as worth pursuing as it will cost you nothing and provide us folks with a great deal of entertainment.

Heck, you could guarantee a response by printing your Email correspondence and sending it to Daddy’s office with a polite covering letter.

An A4 envelope addressed to ‘Office of: Fred Whatsisname’ will guarantee curiousity

“Hey! Let’s you and him fight!”

:rolleyes:

Yes, notice I placed the word “however” in front of my statement of motivation. This was in order to point out exactly what you are pointing out: That just because I say “confront him” doesn’t mean she should confront him, and indeed, I do not have her best interests at heart if we get right down to it.

-FrL-

Hey wait a minute. What are we more concerned with, her best interests or our entertainment?
The answer is obvious. Our entertainment is way more important.
Confront him, Confront him.
:smiley:

I came in to post the same link. Crazy Doll Lady, the Ultimate Warrior and State of New York had me crying in laughter.