What is the difference between Harvard Professor Benjamin G. Edelman threating to sue the Chinese Restaurant for $4 and the lawyer that threaten to sue for $300,000 Nelson Tang the photographer? Are they using the litigation and threat of destroying the smaller business's reputation to bully them?
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What is the purpose for them doing of use litigation or the threat of litigation to pummel and run them out of business? Is it a power trip that they are having or they are doing a public good. So in the Nelson Tang Case, Tang got help from someone and brought the hammer down on the other lawyer to the point where he got sanctioned by the Washington Bar. Edelman. If the Chinese Restaurant or for that matter other small businesses feels wronged what recourse do they have against heavy weights (e.g. against a lawyer)? Does Harvard condone this behavior of this faculty? http://petapixel.com/2014/12/09/gary-fong-account-ridiculous-300000-lawsuit-threat-nelson-tang/ https://www.bostonglobe.com/metro/2014/12/09/harvard-business-school-professor-bill-dispute-with-chinese-restaurant-woburn/IJtM99XeiSh9mvBFeqw3ZL/story.html?p1=Article_InThisSection_Bottom
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Answer:
Someone suing a Chinese restaurant for $4 is pretty quickly going to find that their case is tossed out unless it's filed in small claims, which provides a quick relief to the defendant. Friviolous cases are filed all the time; and usually they're dismissed early on in the proceedings, before significant costs are incurred. Further, if the matter truly is friviolous, the defendant can either request that their costs be paid by the plaintiff upon dismissal, or they can counter-sue for malicious prosecution. The system already has ways to deal with this kind of bullshit -- and generally speaking it does a decent job.This answer is not a substitute for professional legal advice....
Cliff Gilley at Quora Visit the source
Other answers
Edelman had a legitimate reason (overcharging) to complain about the Chinese restaurant but overreacted. And he overreacted in a rather "cowardly" (in term of popular opinion) manner by hiding behind the internet and leveraging his mastery of the legal system. It is kinda like using an atomic bomb to kill a bad person just because you happen to have access to the button. It's not wrong, just madly irrational. Ridicules like this happen with intellectually brilliant but socially out-of-touch nerds (e.g. Sheldon Copper). It's mostly amusing but not that evil. The lawyer in the Nelson case was a true bully. He knew he couldn't get $300,000 in compensation because he didn't have a legitimate reason, but he also knew Nelson couldn't afford the lawsuit. Thus, the letter he sent to Nelson was all part of a calculated effort to manipulate Nelson's fear so that Nelson would do his wedding photography for free and turn in an extra $15K . That's typical black-mailing + power exploit covered up in legal terms. The plaintiff is morally evil and should be banned for practicing law for his unethical behavior. Morale of the story: practice honest business to avoid being "harassed" by lawyers because they may see things differently (e.g. they may not care about financial incentive aka. "refunds" as much) and can be harder to satisfy than your regular customers. On the other hand, do not be afraid to fight back if a lawyer dumps non-sense on top of your head just because he can: lawyers are the servants of justice, and justice can dismiss a bad servant whenever she sees a need.
Xun Wang
Both these men were bullies. One actually carried through with a lawsuit. That is the main difference. If a lawyer goes overboard in his communications with someone, he could conceivably get in trouble ethically, but being an ass is not generally going to get a lawyer in trouble. Filing a frivolous lawsuit, however, is sanction-able by the court. Through a sanction, the lawyer filing the frivolous suit can be required to pay money to the plaintiff for his actions. If a lawyer violates ethical rules in either his actions in court or his communications out of court, he might end up in trouble with the ethics board of his state.If you require legal assistance, please contact a lawyer in yo...
Jennifer Ellis
No difference. Both are bullies. And both are now publicly humiliated. No, it did no public good.This answer is not a substitute for professional legal advice....
Mike Prozan
I don't see Edelman's $4 case as bullying tactics at all. He's a consumer who was mislead by false advertising; all he asked was a $12 refund which he is apparently entitled to under state law, and claimed he would contact the authorities regarding the dispute. Most of us will feel cheated if we had similar experiences with a Big-Box store and will likely make similar demands, so why should a small business be exempt from rules and regulations governing business practices? I have "let things go" on many occasions similar to this $4 case as I'm sure others have as well. The total amount, $4 at a time, can easily add up to $millions in arguably illegal profits for the retail industry and small businesses. Edelman was just doing what he thought was right, and I agree. The outcome of the Nelson Tang case speaks for itself.
Micheal Chang
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