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Photographer Threatened with 300k Lawsuit


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17 replies to this topic

#1 Elsa Hoffmann

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Posted 03 August 2012 - 08:11


"I drifted into photography like one drifts into prostitution. First I did it to please myself, then I did it to please my friends, and eventually I did it for the money." Philippe Halsman

#2 averity

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Posted 03 August 2012 - 10:46

nice video, thanks for posting, sounds like that photographer had a laugh a minute client on that shoot. What an A.H.

#3 JohnBrew

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Posted 03 August 2012 - 11:20

He should get a good lawyer and countersue. I would also think he could get this lawyer disbarred for the statements in the letter.

#4 averity

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Posted 03 August 2012 - 11:28

Gary Fong has a second video with un update on the story if you are interested at all, he names the photog and here is the photog FB page

https://www.facebook...=app_6261817190

sorry to be such a gossip, but the video kind of touched a nerve

#5 Ron Scubadiver

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Posted 03 August 2012 - 11:32

Sick.
See my photography at http://ronscubadiver.wordpress.com/

#6 Elsa Hoffmann

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Posted 03 August 2012 - 11:40

only in America.......
"I drifted into photography like one drifts into prostitution. First I did it to please myself, then I did it to please my friends, and eventually I did it for the money." Philippe Halsman

#7 JBPhoto

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Posted 03 August 2012 - 15:18

How about defamation of character? The photographer can sue them due to the threats they make.

You know what they call 6 lawyers chained to a block of concrete at the bottom of the ocean?


A good start!

James

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#8 Bart Willems

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Posted 03 August 2012 - 16:36

You know what they call 6 lawyers chained to a block of concrete at the bottom of the ocean?


A good start!������


I was more thinking along the lines of “not nearly enough”! :)

(sorry for the attorneys here but some of your colleagues have given the profession a really bad rep)
Bart

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#9 Anthony

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Posted 03 August 2012 - 19:28

Heard them all before.

Yawwwwn.

#10 Rags

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Posted 03 August 2012 - 20:00

Heard them all before.

Yawwwwn.


Now don't be jaded.... :)

#11 Ann

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Posted 03 August 2012 - 20:22

The situation outlined in the video is far too common in the USA.

I categorize it as "Exploiting the Legal System for Blackmail and Extortion" and I would love to see a few of those who try to pull these stunts ending-up behind bars.

If I was that photographer, I would be trying to get criminal charges brought against the letter-writer (who I cannot believe to be a qualified Attorney when his written English is entirely illiterate!) before he can issue a writ and start legal proceedings himself.

I would think that charges of attempted blackmail, extortion and making threats against the future of both him and his wife might be successful?!

#12 Rags

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Posted 03 August 2012 - 21:36

Yup, it's far to common for an unjustified lawsuit to be settled for the cost of defense.

Another way of saying, "while the plaintiff might not win the case it will cost you$XXXXXX, so we'll give you a discount on your potential cost."

Been there done that ..... and it's wrong.....

#13 Dalek

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Posted 29 March 2013 - 21:29

I think I will establish a photography trust and tag all my photos as property of the trust. Would that save me?

#14 lenmil

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Posted 29 March 2013 - 23:00

Unbelievable, just crazy. Surely he can counter sue for mental anguish. No wonder many photographers don't bother any more.

Take the shot, you never know.


#15 Alan7140

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Posted 29 March 2013 - 23:19

only in America.......


Not only in America, though they did start it.

The use of potential law costs incurred in fighting an unjust accusation of even perfectly legal behaviour to force an out-of-court settlement for a lesser "undisclosed" amount or even pleading guilty for a reduced fine/sentence is becoming common law practice elsewhere as well.

As Rags said, been there, done that, and my prosecutor was the Tasmanian Government business enterprise Forestry Tasmania. When I dug my heels in and refused to budge, they eventually withdrew charges, though my legal "advice" was not to pursue costs as I had no hope of winning them (the government has of course legislated to protect itself from such things, laws which then can be used to advantage in the private sector). If someone embarks on such an action, the defendant will probably lose financially at the very least, even if they're cleared of any wrongdoing, and the plaintiff will probably win, even if they are in the wrong.

#16 Ann

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Posted 29 March 2013 - 23:38

I consider this to be Blackmail via Fraudulent Lawsuit and Governments and their Legal Departments need to find a way to prevent this from happening and for fining and disbarring those lawyers who practise in this way.

I know that this would be very difficult to legislate but it really must be done because the practice is being used against both corporations and private individuals as a means for Court-sanctioned Extortion.

#17 Chris101

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Posted 30 March 2013 - 07:49

I have not seen any update on this. Anyone know if anything has happened in this case?

#18 yunfat

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Posted 30 March 2013 - 14:38

The photographer is an idiot, he took a lawyer as a client and didn't have a contract.




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