This is making it's way around the net. Something to consider.

Sam

http://www.petapixel.com/2012/07/24/...00000-lawsuit/

I really, really like Gary Fong. A lot of what he says in the video is true and everyone should take note that a contract is absolutely essential for any client based shoot.

I think the attorney who wrote the letter ought to be worried.

Originally Posted by ziggy53 I really, really like Gary Fong. A lot of what he says in the video is true and everyone should take note that a contract is absolutely essential for any client based shoot.

Ziggy,

While I do agree on the contract issue, there is noting in evidence that remotely suggests a contact would have avoided this particular situation. The letter from this alleged attorney has to be one of the worst written letters of all time.

If he stops taking drugs and can go into court and intelligently articulate valid reasons why the photographer ruined his wedding he might have a remote chance the judge will at least listen to him, but if he goes in with anything near what he wrote, I have a hard time believing a judge would even listen.

Plus the photographer has Gary Fong, an expert witness, (no matter what your opinion might be) to testify about the high quality of the photography.

My take on it would be to counter sue and make a formal complaint to the state bar association, not that I expect them to do anything.

Sam

Cracked me up. The "attorney" makes all these demands and sort of implies he's going to drag the defendant in front of a jury. Blah blah blah.

If I were the defendant, I would lawyer up and ask for a bench trial (where the judge hears the evidence then makes a ruling). I'm guessing it wouldn't go so well for the "attorney". He might get his money back but I'm guessing even that would be wishful thinking on his part.

There is no way the client who wrote that letter is actually an attorney.

I feel sorry for the photographer; he made a huge mistake in not getting a signed contract for the gig (unfortunately, an extremely common mistake), and another mistake in not weeding out the outtake shots before sending the disk.

But I'm not terribly worried about this ridiculous threat of a lawsuit. It'll be laughed out of court, and when the photographer counter-sues for his fee plus expenses and damages, he'll win handily.