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| Felipe Musco |
 Posted: Wed Nov 21, 2007 3:16 pm |
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Joined: 18 May 2006
Posts: 2434
Location: Florianópolis, SC, Brasil
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bobtheorc wrote: I do think your reasons for not counter-suing are good.
What’s with everyone thinking counter-sueing is to get money? I’ve said amillion times, HE’S GOT A GOOD POINT! Thing is, that doesn’t change the fact that he was still being sued, and might lose for all I know of the north-american legal system. Counter-sueing serves as a preemptive way to secure himself. You see, D_I was right when he said all it takes for a legal battle to start is a lawyer with profit-thirst, and there are A LOT of them out there.
So, what happened in M64’s case? A family comes looking for someone to blame for what happened to their son, and "tell you they found someone" (actually they say they discovered the one responsible, etc, not that the lawyer will care the slightest bit). So, for you, it’s a win-win situation right now. You sue, earning your payment for legal services. If they win, you earn a bit more, due to your fee on the profits! WHat’s NOT to like about this, right?
However, M64 can confirm this, when YOU are being sued, even though you’re ABSOLUTELY certain you’re right, you still shake a little on the inside, and usually goes asking for legal advice, to guard yourself (isn’t this right, Quincy?).
So, when you COUNTER-sue for 3 million, they (the parents) AT LEAST stop to think about it again, so they go for their attorney asking for HIS legal advice. And this is the catch.
NOW, if the lawyer tells them to "go for it" when it’s CRYSTAL CLEAR they shouldn’t, he’s giving bad legal advice, and CAN be held partially (and by that I mean financially) responsible for the outcome, so he might give it a second thought: "you know, talking might be better first, just to sort things out and such". And then, you’d get the status quo you intended, being able to talk things through, explain, etc.
And of course, if nothing happened, you could always simply win the counter-sue, compensate for the lawsuit if you lost (meaning they’d have to pay 2 million, and you had to pay nothing), and simply forego the winnings. THIS would also show A LOT of character, ALSO achieving the status quo you intended.
Did I make myself clear now? So, the lesson is, ALWAYS seek legal advice, but from GOOD lawyers (in both senses, lawyers that’ll help you get the outcome you want, not just a pocket full of money). |
| Last edited by Felipe Musco on Wed Nov 21, 2007 3:22 pm; edited 1 time in totalI don't like YOU. |
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| sickofpalantirs |
| Posted: Wed Nov 21, 2007 3:19 pm |
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Joined: 23 Mar 2006
Posts: 7750
Location: somwhere, over the rainbow way up high. There's a land that I heard of once in a lullaby.
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| but its too late now anyway... |
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| Felipe Musco |
| Posted: Wed Nov 21, 2007 3:23 pm |
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Joined: 18 May 2006
Posts: 2434
Location: Florianópolis, SC, Brasil
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For this case... But who knows what may happen with you guys in the future?  |
| I don't like YOU. |
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| AgentDrake |
| Posted: Wed Nov 21, 2007 4:05 pm |
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Joined: 01 Apr 2007
Posts: 667
Location: Halfway between eccentric and insane...
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| Thank you, Voice of Doom.... |
| Never kid about politicians. The more bizarre the joke, the more likely it is to come true. |
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| NBarden |
| Posted: Wed Nov 21, 2007 4:11 pm |
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Joined: 28 Dec 2006
Posts: 5468
Location: I don't know...
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Foregoing the winnings would be good. I would say that’s great.
My parents sued someone once...and then my mom changed her mind in the middle of it.
An inspector on our house missed that there was mold, we bought it, and then found out later that there was mold, and like half our family got really sick.
We lost. |
Last edited by NBarden on Wed Nov 21, 2007 4:55 pm; edited 1 time in total-Trade With Me
 Add the popcorn smiley to your sig, help it achieve world domination.
What if the hokey pokey really IS what its all about? 
As I lay in bed staring at the stars last night, I thought to myself, "where the heck is the ceiling?"
Spotlight on....Sense of Obligation. |
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| Celebrimbor |
| Posted: Wed Nov 21, 2007 4:49 pm |
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Joined: 12 Sep 2006
Posts: 953
Location: UNKNOWN
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This whole sueing thing...Americans in general don’t take responsibility for anything in general. It’s always someone else’s fault.
And m64, I think it’s a great thing you did, deciding not to counter-sue and all. I’ll keep you in my prayers. |
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| Felipe Musco |
| Posted: Wed Nov 21, 2007 5:17 pm |
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Joined: 18 May 2006
Posts: 2434
Location: Florianópolis, SC, Brasil
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OH MY GOD! STOP PRAISING THE WHOLE NOT-COUNTER-SUEING THING!
He had a very good reason not to, I know, you know, everyone knows, but he SHOULD have sought good legal advice, it was REALLY, REALLY stupid, and it may in fact have LOWERED his chances to make amends or to stay in good terms with the boys family!
I still think he’s gonna walk this one off, but it was poor thinking nonetheless, and it SHOULDN’T be encouraged, because someone ELSE in a DIFFERENT situation might go and do the same, trying to "be the better person", and really get burned for it! |
| I don't like YOU. |
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| NBarden |
| Posted: Wed Nov 21, 2007 5:30 pm |
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Joined: 28 Dec 2006
Posts: 5468
Location: I don't know...
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| Anonymous Prodigy |
| Posted: Wed Nov 21, 2007 5:43 pm |
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Joined: 10 Jan 2006
Posts: 4197
Location: United States
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NBarden wrote: BTW, F_M, is your girlfriend named Sue?
Sue Emily Mann, I’m guessing. Or Sue ’Em Man for short. |
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| AgentDrake |
| Posted: Wed Nov 21, 2007 5:47 pm |
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Joined: 01 Apr 2007
Posts: 667
Location: Halfway between eccentric and insane...
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Have a  for that, NB |
| Never kid about politicians. The more bizarre the joke, the more likely it is to come true. |
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