Sunday, December 12, 2004

I am a Paralegal! I am a paralegal!!You men never listen to me-FEMBOT

The Lady tries soooo hard to be recognized by the "guys" and they treat her like their little sister. Why do you think she calls herself "Fembot?"??? look that one up on Google.
she said;
"Thanks for your legal insight. I realize there was no threat per se, and
that the clock would be ticking on a
valid threat. I just object to the tone of the letter and the fact that
the Board spent Association money on such pettiness.
I do understand attorney "talk" and laches as I have
completed two years of law school. I am, additionally, a certified
Paralegal.
Patti

Sent: Saturday, December 11, 2004 1:17 PM
Subject: [COTO] Digest Number 109
Because THEY SAID;Patti:
There is a legal principle called "latches" to handle long standing
threats.
Basically from the Latin it translates to "don't sit on your hands" or "get
off your hands"
This gives anyone who is actually "threatened" with a lawsuit the right to
demand that the other party "stop sitting on their hands" and either sue
them
immediately or lose forever the right to bring suit later, or alternately
claim that enough time has passed since the initial "threat" to the point
of
actually filing suit that time has now run out.
ALL lawyers know this and that is why it is extremely unusual to see a
letter with an actual threat to sue someone. A threat starts the clock
ticking
which no lawyer on the offensive wants to do. The letter to Joe does not
contain
a threat.
I would be shocked if ANY attorney read into the letter to Joe a threat to
sue him. His letter is just standard attorney "talk".
Here is my layman's interpretation of the letter sent to Joe.
Hey Joe, we do NOT want to get in a legal battle with you, we want to
settle
our differences in a neighborly way. Here is our legal opinion on the
issues
we raised the way we see them and why we believe their is nothing illegal
going on. Since we believe there is nothing illegal going on, we think your
claims of fraud are wrong . Now that you know that WE believe charges of
fraud
are wrong, you need to be careful how you phrase things. Please don't call
my
clients criminals unless and until you are prepared to back up your
claims.
If you continue to make statements that you now have good reason to believe
are FALSE (we are not talking criticism here, just knowingly false
statements)
then YOU will become the bad guy and we THEN will have the ability to use
legal recourse to prevent your "targets" from FALSE AND derogatory
statements.
By the way, please note the use of the word AND. The statements must be
BOTH
knowingly false AND derogatory. In other words, you can fling all the
criticism you want, but if your intention is to defame someone by lying
about
them, you just may be stepping in some dog poop. While some may be
skeptical that
the use of a simple word like AND can dramatically change the meaning of a
phrase, please remember that "legalese" involves the precise use of words
to
prevent confusion, not cause it.
For those who like details from the law dictionary:

Laches:
A legal doctrine whereby those who take too long to assert a legal right,
lose their entitlement to compensation. When you claim that a person's legal
suit against you is not valid because of this, you would call it "estoppel
by
laches".

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