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<blockquote data-quote="Wincenworks" data-source="post: 9227761" data-attributes="member: 7038835"><p>The site claims that it will never disclose what it is... but like it's close enough it may as well be - not hard to achieve with the feces of many herbivores like horses, cattle, etc. It's quite possible they use real horse/cattle poop for everything and so the "fake" element is if you send "elephant" poop it's really just a big clump of horse poop.</p><p></p><p>Justin's attorney has replied... and oh boy... he's not taking it well.</p><p></p><p>[ATTACH=full]341463[/ATTACH]</p><p>[ATTACH=full]341464[/ATTACH]</p><p>Point "a." is kind of hilarious, because while a layman reading this might think this could actually be a trivial matter - consulting with the the client is sacrosanct in these scenarios since 1. frequently you don't know if there are issues until you talk to the Client, 2. the role of attorney is literally to enact the will of the client. Realistically all he could reliably expect from the opposing counsel is point out if they would recommend a legal defence, and to politely advise they will check with their client. Basically he's been caught out trying to do high pressure sales tactics on high end lawyers.</p><p></p><p>Remember how just one letter ago he was whining that making him do all this work was creating extra costs for his clients by making him actually argue why he actually <em>needs </em>to depose Tenkar rather than just agreeing to let him doing anything he wants? Well now, in points "b" to "c", he's very strident that costs should be irrelevant, and if they are relevant it's Tenkar (ie the defendant, ie the person who never wanted to be involved in this in the first place) has <em>two</em> lawyers. TWO! (Federal court doesn't give a naughty word when Monsanto rolls in with the entire partnership of a mega-firm to crush a small rural lawyer, they're not going to care about Tenkar using his right to counsel of his choice effectively).</p><p></p><p>He also then demands that they prove that having two lawyers and discovery are expensive by supplying copies of the invoices - because you can't trust these two expensive lawyers on their own estimate. Obviously, this is generally considered a no-no, as is anything else that gives you insight into the opponent's situation and strategy - but pin it in your brain.</p><p></p><p>Okay, point "d" is that the depositions were confidential... which is pretty normal for a person v person defamation... but Justin's lawyer seems to be suggesting this means that opposing counsel can't use <em>literal confessions of the wrong-doing that Justin denied and claimed was defamation</em> cannot be raised. It makes you wonder what he thinks the point of depositions were, and to what degree of bad faith he and Justin agreed to one.</p><p></p><p>Bonus points, he tries to claim that he's the good guy by not moving for sanctions for... pointing out that Justin both 1. had admitted yet another cornerstone of his case is bunk and 2. has a documented history of harassing Tenkar. How charitable of him.</p><p></p><p>Point "e" is a master of the obvious statement, basically he thinks he's pointing out that it shouldn't make a difference that he's requesting this now - it could have been requested last year. Somehow he's missed that Tenkar's lawyers have already claimed the entire suit is a farce so they are, in fact, objecting to not just the deposition but the entire proceeding.</p><p></p><p>Point "f" is... it's... um... basically he's claiming that if costs are an issue - Tenkar could just waive his right to have counsel present during a deposition and basically rely on Justin's lawyer to handle everything for him. I mean, it's not <em>quite </em>offering to do a <em>full </em>Alina Habba - but it's a bafflingly move: "Oh yeah, you say this case you've moved to dismiss is a waste of money... well why not just like... stop defending yourself and let us win ONE MILLION DOLLARS in damages.".</p><p></p><p>Remember when how Justin's lawyer said that he can't trust Tenkar's lawyers because they won't provide confidential billing information to prove they're expensive, and they used the contents of a deposition for the intended purpose? Yeah, he insists that he - the lawyer involved in the potential perjury and numerous procedural errors, with the client who was caught mailing fake poo - is in fact so trustworthy that you can go to a deposition with him with no legal counsel when there's (supposedly) literally a million dollars on the line.</p><p></p><p>Bonus points for the whole thing... there's this weird footnote about how Tenkar's lawyer consistently uses the word "feces" to describe the mailing fake poo incident... because it's apparently bad that he keeps pointing out that Justin did, in fact, do the things that Tenkar indicated that he probably did.</p><p>[ATTACH=full]341465[/ATTACH]</p><p>All of this is... not exactly what you'd expect from a lawyer who'd proudly been operating on his own for over a decade so... I can't imagine the judge is going to be very impressed.</p></blockquote><p></p>
[QUOTE="Wincenworks, post: 9227761, member: 7038835"] The site claims that it will never disclose what it is... but like it's close enough it may as well be - not hard to achieve with the feces of many herbivores like horses, cattle, etc. It's quite possible they use real horse/cattle poop for everything and so the "fake" element is if you send "elephant" poop it's really just a big clump of horse poop. Justin's attorney has replied... and oh boy... he's not taking it well. [ATTACH type="full" alt="1703457466771.png"]341463[/ATTACH] [ATTACH type="full"]341464[/ATTACH] Point "a." is kind of hilarious, because while a layman reading this might think this could actually be a trivial matter - consulting with the the client is sacrosanct in these scenarios since 1. frequently you don't know if there are issues until you talk to the Client, 2. the role of attorney is literally to enact the will of the client. Realistically all he could reliably expect from the opposing counsel is point out if they would recommend a legal defence, and to politely advise they will check with their client. Basically he's been caught out trying to do high pressure sales tactics on high end lawyers. Remember how just one letter ago he was whining that making him do all this work was creating extra costs for his clients by making him actually argue why he actually [I]needs [/I]to depose Tenkar rather than just agreeing to let him doing anything he wants? Well now, in points "b" to "c", he's very strident that costs should be irrelevant, and if they are relevant it's Tenkar (ie the defendant, ie the person who never wanted to be involved in this in the first place) has [I]two[/I] lawyers. TWO! (Federal court doesn't give a naughty word when Monsanto rolls in with the entire partnership of a mega-firm to crush a small rural lawyer, they're not going to care about Tenkar using his right to counsel of his choice effectively). He also then demands that they prove that having two lawyers and discovery are expensive by supplying copies of the invoices - because you can't trust these two expensive lawyers on their own estimate. Obviously, this is generally considered a no-no, as is anything else that gives you insight into the opponent's situation and strategy - but pin it in your brain. Okay, point "d" is that the depositions were confidential... which is pretty normal for a person v person defamation... but Justin's lawyer seems to be suggesting this means that opposing counsel can't use [I]literal confessions of the wrong-doing that Justin denied and claimed was defamation[/I] cannot be raised. It makes you wonder what he thinks the point of depositions were, and to what degree of bad faith he and Justin agreed to one. Bonus points, he tries to claim that he's the good guy by not moving for sanctions for... pointing out that Justin both 1. had admitted yet another cornerstone of his case is bunk and 2. has a documented history of harassing Tenkar. How charitable of him. Point "e" is a master of the obvious statement, basically he thinks he's pointing out that it shouldn't make a difference that he's requesting this now - it could have been requested last year. Somehow he's missed that Tenkar's lawyers have already claimed the entire suit is a farce so they are, in fact, objecting to not just the deposition but the entire proceeding. Point "f" is... it's... um... basically he's claiming that if costs are an issue - Tenkar could just waive his right to have counsel present during a deposition and basically rely on Justin's lawyer to handle everything for him. I mean, it's not [I]quite [/I]offering to do a [I]full [/I]Alina Habba - but it's a bafflingly move: "Oh yeah, you say this case you've moved to dismiss is a waste of money... well why not just like... stop defending yourself and let us win ONE MILLION DOLLARS in damages.". Remember when how Justin's lawyer said that he can't trust Tenkar's lawyers because they won't provide confidential billing information to prove they're expensive, and they used the contents of a deposition for the intended purpose? Yeah, he insists that he - the lawyer involved in the potential perjury and numerous procedural errors, with the client who was caught mailing fake poo - is in fact so trustworthy that you can go to a deposition with him with no legal counsel when there's (supposedly) literally a million dollars on the line. Bonus points for the whole thing... there's this weird footnote about how Tenkar's lawyer consistently uses the word "feces" to describe the mailing fake poo incident... because it's apparently bad that he keeps pointing out that Justin did, in fact, do the things that Tenkar indicated that he probably did. [ATTACH type="full"]341465[/ATTACH] All of this is... not exactly what you'd expect from a lawyer who'd proudly been operating on his own for over a decade so... I can't imagine the judge is going to be very impressed. [/QUOTE]
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