No, if they didn't want to make as much money as possible, then they'd do the right thing.
There is no merit to this case at all. They've got nothing. If this goes Federal, it'll be tossed just like that. And that's what they have to tell this other guy, who doesn't have klew one about IP law. Dude: you've got nothing. Shut up already. You are wasting your clients' money. He will lose.
Plus, this guy has been unethical. Put the two together.
You get in his face, threaten Rule 11 proceedings, and then let him (the other attorney) suggest on his own that he ought to pay our legal expenses because it'd be a whole lot cheaper than paying increased malpractice premiums.
This guy purposefully shoved a pretend lawsuit on the books, had NO intention of sending a summons, had NO intention of going to court at all. And they did all that where there are OTHER perfectly good mechanisms for achieving what they wanted: namely, a cease and desist letter.
This guy diddn't have the decency to send us the cover letter corrected. See, what he did was print out his standard summons letter. But ooops, the standard letter says to answer the court. So, he crossed that part out with a pen and wrote, "Answer me."
Do you see? This wasn't incompetence. It was on purpose. It was done precisely b/c they knew we didn't have money.
As our attorney friend said, you need someone who wants to "fuck this guy. Someone who doesn't need another case, someone who just can't stand unethical behavior."
HA HA HA. he lives on another planet.
It makes me sick that they're chummy with him. It's precisely because they are chummy with him and because they see themselves in this little click, where the frickin' clients are the OUTSIDERs, that you can't find an attorney who "wants to fuck this guy."
They can be chummy all they want. But, I'll tell you, when the attorney, last week, was calling this other guy "bozo" and all manner of names, and all of a sudden is calling him by his nickname, I wanted to just scream at him, "Look, pretend to be chummy with that little creep all you want, but in _My_ presence, you can keep calling him bozo."
It's a power move on their part and I don't like it. They're sending one big fat message to me and it's not a message that they are here to help me.
Kelley
"Finish your beer. There are sober kids in India."
-- rwmartin