Down With Frivolous Lawsuits

This is in keeping with earlier promise to post more articles. One of things that has contributed to my “burn-out” as an attorney is the escalation in the number of frivolous (or at least what I consider to be frivolous) lawsuits. They’re the ones filed by people (their lawyers, actually, who I think serve their own ends by talking their clients into filing these things) to gain advantage in a business situation. Rather than negotiate fairly, rather than accept what should otherwise shake out from arm’s length bargaining, they sue you (well, your client). Of course, there are those lawyers who accept this with glee. When I accuse another attorney of just using litigation as harassment to gain some advantage despite the lack of real merit, I often hear the retort, “What are you complaining about? You’ll make lots of fees off this.” Well, sorry, but I haven’t yet adopted the lawyering business model whose mission statement is something like, “Do whatever it takes to soak the most fees from the client.”

So, it was with some measure of glee and satisfaction that I read about the recent ruling in one of the lawsuits against Google. While this doesn’t pertain to oil and gas, it exemplifies the sort of litigation I’m seeing way too often in oil and gas litigation (frivolous), and the kind of judicial attitude (willingness to impose sanctions) I’m seeing way to little of. For lack of better links, I’m going to refer you to this article in Eric Goldman’s Technology and Marketing Law Blog. I’ve borrowed his links to pdf files of the opinion dismissing the suit and the opinion granting sanctions, which I admittedly have yet to read. I hope the actual opinions are as good as the reporting makes them out to be.

In my experience, getting a judge to impose sanctions is like pulling hen’s teeth. I always hear, “Well, counsel, their position was a bit of a stretch but I can’t say it was completely and totally without an arguable issue; ergo, can’t rule it was frivolous so your request for attorney fees is denied.”

Gone Phishin’

I have a couple of favorite web hosting companies. One is the Fine Folks at TextDrive, another is the Happy Folks at DreamHost. Periodically, and perhaps with greater frequency as time marches on, I’m sorely tempted to hang up the shingle and take up “webmastering”. Then, I might have the time to spend the amount of time I’d like to spend reading the newsletters and blogs these hosters put out. Generally, they are both entertaining and educational in more ways than one. Alas, I barely find the time to skim their offerings.

The latest DreamHost newsletter was, however, very brief, so decided I had some time to click the link to the DreamHost Blog and check it out. The latest article was entitled “Phishing Phor Phishers“. It could be said it has nothing to do with oil and gas law, although some might say phishers and oil promoters are cut from the same cloth. Here, I’m obliged to interpose that I’ve assisted several oil clients with the documentation for private offering drilling and development programs, all of which were entirely above board and legit. Still, oil people don’t have a reputation that would be considered much of an improvement over that of lawyers or car salesmen (I was, through social training, about to write “salespersons” but, on reflection, I’ve never really heard anyone suggest that a female car seller was dishonest; the typical slimy car salesman is always pictured as a male).

The blog article and comments thereon did touch upon “law” topics, though, so it’s not really off-topic for a lawyer’s blog. One thing I found amazing was the number of comments to this article, in less than a day. What a readership! Ordinarily, I find it pretty much impossible to wade through dozens upon dozens of comments following a popular blog article. In this case, however, the number of useful, insightful, or entertaining comments held my attention to the end (though I’ll admit skimming a few as I gained momentum). So, for anyone who’d like an entertaining, useful and educational read on phishing, there it is!

I’ve mentioned The Scout Report in an earlier article. This time, I’ve covered the current issue over at the Chappells Blog.