Last Updated on September 25, 2024 by Rob Cashman
Honestly, that question requires a case-by-case answer. Usually, yes, but often no.
Most calls that come in to our Cashman Law Firm, PLLC, I absolutely DO want to help. And, I will spend quite a bit of time with accused defendants on the phone, even when I know they will not become my client.
I also write articles and sometimes make short videos to explain a topic, a concept, or even a particular lawsuit. This does not mean I have any intention of taking clients for that lawsuit (I might, I might not).
A Great Example: Culpepper’s Lumen 512(h) Subpoena Lawsuits
I recently wrote an article on the Lumen Legal 512(h) Subpoenas that Kerry Culpepper was sending to accused defendants in Colorado. I knew exactly what he was doing here, because I remember when he did the same thing in Hawaii. So I wrote a few things up, and I posted it to the blog.
My intention was not to get clients from the post. It was ‘old’ news by the time I posted it, and Andy Maxwell from TorrentFreak already wrote about why the DMCA 512(h) strategy was a loser. However, I had something more detailed to share, since I have paid attention to what Culpepper has done in the past (with some interest, and sometimes with some popcorn, especially since he likes to break the mold).
My suggestion in the article was that Culpepper was not necessarily interested in getting settlements from every accused downloader. Rather, he was probably looking for the settlements for another purpose – to go after an ISP, to go after a VPN provider, or to secure the trademark or domain name of those infringing on his client’s copyrights.
But as soon as wrote the article, I started to see other attorneys — the settlement factories — write their “SETTLE THIS CASE NOW” articles. This was annoying to me because the premise was that if you did not do the downloading, you should not be paying anything to settle. I was also suggesting to those that spoke to me (on a case-by-case basis) that perhaps it was better not to settle the claims against them. But then here were all the settlement factories advertising scaring everyone with manipulative tactics (and flat out false information) into how important it was to “settle now.” Yeah, right. These attorneys just want to collect their “flat fee” $2,500 – $3,000 for the hour or so of work they will be doing for as many of those defendants as possible.
So, yes. I am taking clients now for that case… Just to take the clients away from those who are trying to manipulate them into settling the lawsuits when they shouldn’t be settling.
- Is that mean of me? Yes.
- Am I protecting my clients against the predatory “Torrent Defense” attorneys who are trying to get everyone to settle? Yes.
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IN SUMMARY, I will still be helpful.
In sum, just because I write an article does not mean I am trying to get you to be my client.
If I am not taking clients for a particular case, I will let you know as soon as we speak (I’ll even often do it by e-mail before we speak). I will still happily take your call, if only to give you good and accurate information about whatever you are dealing with, but please respect my time because I am running a law firm as well.
It could be that the only reason we are speaking is because I am aware that nobody else is giving accurate information that I am 100% aware they know about too, but are just not disclosing to you.
But I have nothing wrong with being the messenger, even if I lose you as a client. I trust that our law firm will continue to thrive, and we will continue to have clients who want and need the services we offer.
If I cannot give you the outcome you are looking for, then you should not be my client. There is no reason to hide things until you become my client. I’d rather tell you the bad news up front (if there is bad news) rather than wait for you to become a client and then ‘surprise’ you with the bad news that I knew all along. I know of a few attorneys who do this quite regularly — yes, they are settlement factories, and yes, you probably clicked on a sponsored link that they paid a lot of money for you to click on.
What I want for you (whether or not you become a client)…
I want you to have accurate information. I also want you to… Smile, breathe, and know that these lawsuits begin and they end. My goal in speaking with you is that whether I represent you or just equip you with knowledge, I’d like you to emerge from your lawsuit unscathed, uninjured, and able to move on and rebuild whatever you lost in defending or resolving the claims against you.
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FOR MORE INFORMATION: If you have been implicated as a John Doe defendant in a lawsuit, even though your case functions differently from the typical copyright infringement case, you should still read the article below, immediately:
FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your lawsuit, click here. Lastly, please feel free to e-mail me at info[at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.
CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.
NOTE: No attorney client relationship is established by sending this form. The attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me. However, I do not become your attorney until we sign a contract together. That being said, please do not state anything “incriminating” about your case when using this form, or in any e-mail.