Comments on: making frivolous lawyers pay http://blogs.law.harvard.edu/ethicalesq/2008/07/23/making-frivolous-lawyers-pay/ breathless punditry and one-breath poetry with David Giacalone Fri, 11 Sep 2009 18:58:52 -0400 http://wordpress.org/?v=2.8.4 hourly 1 By: David Giacalone http://blogs.law.harvard.edu/ethicalesq/2008/07/23/making-frivolous-lawyers-pay/comment-page-1/#comment-185224 David Giacalone Thu, 24 Jul 2008 03:10:50 +0000 http://blogs.law.harvard.edu/ethicalesq/2008/07/23/making-frivolous-lawyers-pay/#comment-185224 Thank you for taking the time to present your perspective on this case. It seemed to me (only knowing what I read in the NYJL article) that these lawyers were far more involved than a "typically frivolous" lawyer. I wish you well and hope there is a way to be made whole for any additional harm the Bauer actions caused your company. Thank you for taking the time to present your perspective on this case. It seemed to me (only knowing what I read in the NYJL article) that these lawyers were far more involved than a “typically frivolous” lawyer. I wish you well and hope there is a way to be made whole for any additional harm the Bauer actions caused your company.

]]> By: Howard reiter http://blogs.law.harvard.edu/ethicalesq/2008/07/23/making-frivolous-lawyers-pay/comment-page-1/#comment-185222 Howard reiter Thu, 24 Jul 2008 02:59:39 +0000 http://blogs.law.harvard.edu/ethicalesq/2008/07/23/making-frivolous-lawyers-pay/#comment-185222 Your article and comments are correctly aimed at lawyers who take on clients for profit as lawyers. Lawyers are paid fees win or lose and as such are brokers in an efficient market of sorts tempered by the threat of over-reaching by bringing frivolous suits. The story is different in this case, where the lawyers were central to the business strategy of the plaintiff for 20 years. They guided the plaintiff and his other companies in a plan to control an industry. The law firm essentially ran the business and used the patent rights to stifle competition and scare customers into using their product. Dozens of suits and threats were issued by them for over 20 years. The patent infringement case brought against us was a business strategy aimed at scaring away our customers. They thought that my new invention and young company could not find the financial strength to fight in Court. It is very expensive to fight a patent case and the older and well established plaintiff had the upper hand in this regard. Had it not been for my belief in truth and justice, and my faith that the US Court system would ultimate find the truth I would not have risked my savings to fight to the finish over 11 years. I am vindicated in my trust of our system, now that Judge Crotty got it completely right. It is unfortunate that our hard working and honest company can only be compensated for expenses for attorneys. It is unfair that a plaintiff has no other risk than attorney fees in bringing a suit... perhaps the answer to your frivoloous suit proposition is to raise the stakes for a plaintiff....and maybe their attorneys as well. -Howard Reiter President Romag Fasteners, Inc. Your article and comments are correctly aimed at lawyers who take on clients for profit as lawyers. Lawyers are paid fees win or lose and as such are brokers in an efficient market of sorts tempered by the threat of over-reaching by bringing frivolous suits.

The story is different in this case, where the lawyers were central to the business strategy of the plaintiff for 20 years. They guided the plaintiff and his other companies in a plan to control an industry. The law firm essentially ran the business and used the patent rights to stifle competition and scare customers into using their product. Dozens of suits and threats were issued by them for over 20 years.

The patent infringement case brought against us was a business strategy aimed at scaring away our customers. They thought that my new invention and young company could not find the financial strength to fight in Court. It is very expensive to fight a patent case and the older and well established plaintiff had the upper hand in this regard. Had it not been for my belief in truth and justice, and my faith that the US Court system would ultimate find the truth I would not have risked my savings to fight to the finish over 11 years. I am vindicated in my trust of our system, now that Judge Crotty got it completely right.

It is unfortunate that our hard working and honest company can only be compensated for expenses for attorneys. It is unfair that a plaintiff has no other risk than attorney fees in bringing a suit… perhaps the answer to your frivoloous suit proposition is to raise the stakes for a plaintiff….and maybe their attorneys as well.

-Howard Reiter
President
Romag Fasteners, Inc.

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