Apparently, I’ve defamed a lawyer — this lawyer, to be more precise. Or cast him in a defamatory “false light”:
From an email I got today:
As I read it further, I believe that I have a claim against you for casting me in a defamatory “false light”. This is a special category of defamatory speech.
Since, my identity was hidden but you strongly alluded to it in your published post. Furthermore, you combined my private email to you, which was not publically published, with another person who was making some threats of violence in the same post which places me in a very negative light.
I strongly suggest you immediately remove this post.
He later warns that if he does not hear from my counsel within two weeks, he will file suit in California Superior Court seeking damages, declaratory and injunctive remedies.
{ 47 comments… read them below or add one }
I hope you know, Robert, that if I was an unemployed lawyer accredited to practice in CA, I’d be all over this. Can I get posting privileges?
Oh, dear.
How could you damage his reputation when, as he says it himself, you did not mention his name but kept it hidden? Does he really think that your readers will go through your site’s archives, and try to find out who he is supposed to be in the real life? Besides, is it even possible to defame a lawyer(*)?
Robert, I suggest you should pull the post that made him angry. But could you wait a minute so that I can save it for later, as it has some entertainment value? Thanks!
Dear Mr big shot Lawyer (if that is what you really are): In case you are reading this as you must be, I have news for you. You are not that interesting person I’d do detective work to find who you really are. I can only hope that what I just wrote didn’t cause you intolerable amount of anguish and mental stress. My recommendation to you, sir, is that you should get a life and stop worrying about nothing.
(*) Notice to Mr Carr, the only lawyer I know visiting this site, and who obviously isn’t the one being “defamed”: Please do not sue me! I find you pretty smart and funny person = someone I wouldn’t mind getting drunk with!
Your lawyer-antagonist gives off a strong odor of dipshit, Robert. His first mistake, of course, is picking a fight with a guy who has a website — must not have read Mark Twain’s injunction warning about people who “buy ink by the barrel.” These kind of Internet harassment campaigns invariably end badly for the supposedly “defamed” person.
I thought this crank was in Hong Kong. Where’s the nexus with California? You don’t live in California, and unless he lives there, how does he propose to get into a Federal court in California to harass you? Is it because the Intertubes can be read by a California resident other than him? Or maybe this clown is a California-admitted attorney… If so, I’d hope that he is registered with the Hong Kong Law Society as a foreign attorney as required by law. If I were you, I’d drop an inquiry to the Law Society and/or the Hong Kong Police about the possibility of this California lawyer being engaged in the unauthorized practice of law in Hong Kong.
They may have rules about this kind of harassment, as it casts the profession in a poor light.
Anyway, only a complete fool would threaten litigation in California. It will cost him a bundle, and in the end he’s going to end up with an unenforceable judgment. Sue you for $10,000 or a billion, if your pockets are empty here in Korea (transfer your assets to your lovely wife — it makes you judgment-proof in Korea like Chun Doo Hwan) what’s the point? I’d say bring it on.
Damages? What are the damages? We don’t know who this is — how can he have suffered damages? Defamation requires that we know who is the subject of the supposedly-defamatory remarks. Still, once the complaint arrives and is in its turn published by Robert, we’ll all know who this stupid lawyer is. That’s the “hoist by his own petard” effect in action.
California injunction? So what? You live here, where the California court has no jurisdiction. Injunctive relief is an order to do or to stop doing something, backed by the civil contempt power of the court. You’re not going to be extradited to California over flouting some injunction where no jurisdiction lies in the first place.
I think, Robert, that this is the work of a very sad, possibly broken, and clearly mentally ill man who is not a lawyer in Hong Kong. This man is seeking attention, and the more you give it to him, the more he will email you with these threats. In terms of his identity, what does your statistics counter tell you? Can you match this person’s IP address with anything on your blog?
Frankly, I suspect that the two persons who have threatened you (legally or with physical harm) are the same, and I further suspect that the individual in question is suffering from multiple personality disorder. I wish that he would get help; we would certainly support him. Finally, I believe that this person is known to you. I will not be more explicit than that in a comment.
Here’s what I suspect about this lawyer in Hong Kong: He formerly lived in Korea and worked as either an instructor of laws (i.e., Legal English 101) at a Korean university, or in-house at a chaebol legal department — but has never counseled a foreign client on litigation strategy and enforcement of foreign judgments and arbitral awards. He is not currently employed at a well-known international law firm in Hong Kong in any capacity where he handles litigation-related matters or can ask a colleague who does. If he had ever had such an experience, or access to an experienced colleague who has had such an experience, your lawyer-antagonist would know how foolish and idiotic these threats are, and thus would not be making them.
He also seems to think he’s something special because he’s an “international lawyer”. That leads me to suspect he’s fairly junior — three to five years’ experience at most. The rest of us have gotten over ourselves by the fifth year.
But maybe he’s back in his Mom’s basement in Bakersfield. That would make sense — he’d have the time on his hands to vex Robert as a pro se litigant. The lawyer with a fool for a client, as it were.
See how this works, Mr. Lawyer-Antagonist? Your efforts to harass Robert make your behavior and identity a topic of much wider speculation than would have been the case originally. It almost always will backfire on you. If you were my client I’d tell you to cut it out.
This lawyer in is one guy who should follow the late Sam Kinnison’s advice to the TV evangelist Jim Bakker and “take your own life.”
I deal with “threats” from attornies on a daily basis now and understand that they often get used to employing bluster and intimidation in the same way that we would use a firm handshake. It’s meaningless, but used to convey the sense that they have the upper hand.
Note to self: Don’t talk shit online to Mr Carr.
Wankers, in the truest sense of the word. I tell my clients to skip the threats, and just prepare the writ. A silent strike, without warning, is much more effective.
Ahahaha, thanks for keeping use posted.
First smile of the morning.
This moron’s clams are so preposterous, let him bring it; then, in addition to the measures Brendon advises, slap him upside the head with an abuse of process counter, along the lines of Federal Rule 11; I’m sure California has its own analogue if this cretin is indeed stupid enough to try to do anything in Calif. Superior let alone some Calif Fed District. He’ll end up owing you, and I’ll be happy to collect – the old fashioned way – for a cut.
)
I would just ignore this douche-bag. Do you have any assets in California? is your blog hosted in California? Do you ever go to California? Who the fuck cares? I think his strategy is to get you to waste your time and money finding a lawyer in California, meanwhile he does nothing and laughs. If he is serious about anything, he should fly his ass over to Korea and take care of things here.
Just got this in the mail:
Never considered my blog particularly anti-Semitic…
Why is this even here? Fanning the flames of idiocy.
However, it is advisable to register “www.[first][lastname]isadouchebag.com” and put up a tribute site.
In California, a lawyer can be sued for damages if he presents a frivolous lawsuit.
Robert,
I hope that this doesn’t have to go any further for you than this blog (since it would take time away from your photography). His emails make him look like a super wanker who ain’t getting any, so his frustration and other levels have built up to such a degree that he’s playing his ‘I’m a lawyer’ (or purports to be) card.
Both are really super impartial Judges.
Why does this make me think that he’s way too interested in Super Junior? Must be just me.
By writing “[...]it was not good for my reputation to put my private comments to you up with a guy who is a NUTCASE.[...]” Mr Lawyer must have hurt the feelings of the “nutcase” he was referring to and, Gods forbid, defamed him in our eyes!
Anyway, I think that Mr Carr gave you a solid advice, and you have nothing to fear.
My youngest sister just graduated from law school this past spring. Right now is a TERRIBLE time for the law profession Stateside due to the economic conditions, especially a newly minted lawyer with tons of student loans.
Methinks Brendon’s hunches are close to the mark and I reckon this fellow, if he really is a lawyer of some kind, is currently unemployed and doing his residency in Mom’s basement. He appears to be touchy about the “emotionally vulnerable”.
In any event, I would be more careful if I were you on denigrating young people who are already in an emotionally vulnerable situation in Korea.
This guy is angry about his own situation and is looking to lash out at anyone and no one in particular. Look on the bright side, Robert. At least you’re not some dry cleaner who ruined some Judge’s pants.
Robert,
If you need a California lawyer, let me know. I’ll do it pro bono.
BTW, if this “lawyer” is threatening legal action against you in California Superior Court, then he’s not a very good lawyer. He’s would have to bring it in Federal court, and if he likes San Francisco, that would be the Northern District of California.
His false light claim is also bogus. He would not be able to meet any of the elements.
Finally, if he’s alleging anti-semitism, then you have a counterclaim for defamation. As the host of a website that allows unmoderated commentary, you enjoy section 230 immunity from any remarks left by third party commentators under the Communications Decency Act of 1996.
So go ahead and file that threatening letter under “another American loser working in Asia ’cause he can’t hang in the real world” file.
Cheers,
DLB
Robert,
BTW, Judge Warren is no longer on the bench. He’s retired.
DLB
Robert,
One last comment: Correspondence, once sent to the recipient, is no longer private or privileged. The recipient can share it with anyone he wants, including the readers of MH.
So if you want to publish this douchebag’s name, feel free to do so. There is not dick-squat the clown can do about it.
DLB
this is clear evidence that American lawschools, except for the 1st tier name ones are diploma mills.
I have no idea why South Korea is ditching its Japanese model and going for the American version.
healthcare reform?
no can do without tort reform.
Only George W. Bush and Bill Frist mentioned it.
Silence from Obama, who is interestingly enough, a lawyer.
And Bush is an idiot puppet. Which is worse?
wjk, please it is not neccessary to bring up Obama in every single post.
San Francisco Superior Court?! Mr. Lawyer-Antagonist is a real fool. Diversity jurisdiction and thus the very reason for the existence of Federal court is like the first thing that a lawyer learns in first-year Civil Procedure. If he’s going to step in this embarrassing pile of shit, there are other mistakes he’s sure to make. Nobody say any more! We don’t want to help this guy.
David Barch has offered to defend in California pro bono. (Barch is a smart guy, so I’d take him up on it if I were you.) I’ll make sure you’re covered here in Korea, on the judgment-enforcement side if Mr. Lawyer-Antagonist ever gets that far.
But only if I get to write about the case. Publishing this idiot lawyer’s name all over the Intertubes would be a delight to me.
I, for one, am sick of these unqualified lawyers. I think they only come here to do drugs and steal the local women. I read on Naver that they all have AIDS. They only come here because they can’t get a job back home. And they steal our women. They should just go home, because they are perverts who steal out women.
“Publishing this idiot lawyer’s name all over the Intertubes would be a delight to me.”
It would make him look like an idiot to his firm too… provided that he’s not working by himself.
Seriously, would a firm worth half it’s salt promote this guy to a partner after learning that he’s wasting his time on stuff like this???
“Both are really super impartial Judges.
Why does this make me think that he’s way too interested in Super Junior? Must be just me.”
Like, oh my god!
@27 They also do drugs with our women and molest our children. They think Korea is just a big ATM machine with easy girls.
Ignore the guy or forward his emails to Brendon Carr and David Barch.
isn’t it about time for Netizen Kim to give some sage legal advice?
@27
I chuckled.
As a teacher, I’m never offended when Robert trashes English teachers (unfortunately, far too much truth to what he says). Why doesn’t this numbnuts of a lawyer take his case to the North Korean authorities?
#34,
Hearing bogus cases could become a striving industry for North Korea. After all, they are not unfamiliar with sham cases and trumped up charges.
If you can, be sure to get a copy of the filing and post it on this blog. Distractions are always good in a period of international crisis. And perhaps we’ve got too many posts on our neighbors up north.
I think it goes without saying that once the complaint is received, it will be scanned and posted on the blog for the amusement of all. That’s how the Internet slap fight always works. If Lawyer-Antagonist thinks people think poorly of him now, while his identity is unknown, wait until his complaint is posted here — and we all know just who is this emotionally brittle, ignorant-of-civil-procedure “international lawyer”.
Why stop at noting this pissante’s ignorance of civil procedure. He’s just plan ignorant, and his ignorance encompasses substantive law. There is nothing even colorably actionable in the posting about which this twit is whingeing; his posturing about defamation and “false light’ is just laughable. He’s a bug, and should be squashed (if you’re feeling charitable) or otherwise hosed down withe roach spray.
Out of interest how tight are the US rules on jurisdiction. The only connection I can see to US Jurisdiction is that the defending party “The Marmot” is american. I presume from the responses of Brendan & DLB that’s not enough, but I had heard rumours the US was quite casual in the amount of connection it needed to establish US jurisdiction in a case.
Careful Dram Man you could be next “incitement to battery”
brain seizure, please correct to “Careful Sperwer….”
Now or later, no difference. All lawyers are ambulance-chasing fuckholes.
*Yawn*…..
My reading of this guy’s emails leads me to the following views and opinions.
1. Highly doubtful that he actually IS a lawyer.
2. I can’t believe that he is an international lawyer. Brendan was being VERY generous when he said that most of us are over ourselves within 5 years. I was over the “I’m an international lawyer” thing about two weeks after I started my job, when I wrote a threatening, nasty, tough guy, international lawyer letter to a hagwon owner and my boss said basically, “That letter made you sound like a prick. Behave with a little more decorum and professionalism.” If he is a lawyer, I would suspect that he hasn’t been practicing for more than a year.
3. If he is a lawyer, he is utterly clueless about anything he is saying on this issue. California Superior Court for an this case and the other idiocies pointed out by other people are amusing. But HIS ‘counsel’ advising him that he would likely get a judge, who a quick internet search shows retired more than three years ago, was my favorite. Based on this particular issue, my advise to Mr. Bigshot International Lawyer, Esq. is to be care who he uses for counsel, because you can’t used “ineffective assistance of counsel” as an excuse or ground for appeal in a civil case.
There’s no way this guy’s an international lawyer. At best, I think he’s taking barbri courses for the California bar exam. That would explain his (a) mental fragility, and (b) strained invocation of “false light” (“according to my course outlines, this one’s a winner!). If he is indeed a recent law grad, I advise you to try and not provoke him any further. In this economy, he just might choose to become a martyr and label you a murderous former-English teacher. Then you’d have to leave the country. And the rest of us would have to go in hiding for about 6 months until your story is eclipsed by the next candle light “cause.”
…isn’t it about time for Netizen Kim to give some sage legal advice?
Yes, most definitely.
Here in the States, if you want to protect yourself from any random wacky practitioners of civil litigation as an extreme sport who may decide to get in your face, conduct all your business, profitable or otherwise, as an Inc or LLC. They sue the Corporate Entity, not you. This is how we deflect personal liability in America. In Korea, I have no idea.
I think the Hong Kong Lawyer is Kushibo.
Using a IP proxy from Hawaii.
If not Richard, can you at least post his full correspondence, name, phone number, etc…
Both the United States and the Republic of Korea are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Service IAW the Hague Convention is mandatory, rather than optional, Volkswagenwerk v. Schlunk, 486 U.S. 694 (U.S. 1986).
I doubt that the Hong Kong “lawyer” knows to serve you IAW the Hague Convention.
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