Comments on: Cease and Desist Letters, and a Case Study from Brewer and Pritchard P.C. (bplaw.com) http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/ Politics, Commentary, Culture, Technology. Sat, 10 Jan 2009 01:33:57 +0000 http://wordpress.org/?v=2.7 hourly 1 By: admin http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/comment-page-1/#comment-9332 admin Thu, 07 Aug 2008 06:41:54 +0000 http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/#comment-9332 @Anne: There are case rulings on the status of email. I'm not sure where we are at the moment. Matt @Anne: There are case rulings on the status of email. I’m not sure where we are at the moment.

Matt

]]> By: Anne http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/comment-page-1/#comment-9331 Anne Wed, 06 Aug 2008 23:18:22 +0000 http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/#comment-9331 I don't know how things work over there Across the Pond, but on this side of the pond, legal communications are normally sent via certified mail, return receipt requested. The postman is required to get the addressee's signature, and that receipt is then returned to the sender. It's a nice, legal way to make sure whoever's getting the communication has actually received the message--so s/he can't say later on, "I never saw it before." Really heavy-handed stuff is delivered by a process server. Email seems a very dodgy medium for sending heavy-handed legal threats. You can ordinarily have only the vaguest idea where it goes after it leaves your keyboard. You can't know what overzealous email or server administrator has taken an idle glance at it. You can't ever be sure if it's actually reached its destination. If a mailbox is full you might (or might not) get a courteous message from the destination server. You might (or might not) be blacklisted, blocked, or black-holed. Or your addressee might take a look, think "to hell with this," and redirect it casually to nul--or the recycle bin. A knock on the door from the postman, bearing an envelope of good stationery with a green sticker attached to it would cause a lot greater concern. I think it shows just what a desultory effort this really is. Annes last blog post..<a href="http://feeds.feedburner.com/~r/Atelier-beadsAroundTheWorktable/~3/352146576/" rel="nofollow">Now I’m Dave Walker, Sam Norton, and Phil Groom</a> I don’t know how things work over there Across the Pond, but on this side of the pond, legal communications are normally sent via certified mail, return receipt requested. The postman is required to get the addressee’s signature, and that receipt is then returned to the sender. It’s a nice, legal way to make sure whoever’s getting the communication has actually received the message–so s/he can’t say later on, “I never saw it before.” Really heavy-handed stuff is delivered by a process server.

Email seems a very dodgy medium for sending heavy-handed legal threats. You can ordinarily have only the vaguest idea where it goes after it leaves your keyboard. You can’t know what overzealous email or server administrator has taken an idle glance at it. You can’t ever be sure if it’s actually reached its destination. If a mailbox is full you might (or might not) get a courteous message from the destination server. You might (or might not) be blacklisted, blocked, or black-holed. Or your addressee might take a look, think “to hell with this,” and redirect it casually to nul–or the recycle bin.

A knock on the door from the postman, bearing an envelope of good stationery with a green sticker attached to it would cause a lot greater concern. I think it shows just what a desultory effort this really is.

Annes last blog post..Now I’m Dave Walker, Sam Norton, and Phil Groom

]]> By: Cartoon Competition « SPCK/SSG: News, Notes & Info http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/comment-page-1/#comment-9327 Cartoon Competition « SPCK/SSG: News, Notes & Info Wed, 06 Aug 2008 20:39:42 +0000 http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/#comment-9327 [...] A Case Study Cease and Desist Letters, and a Case Study from Brewer and Pritchard P.C. (bplaw.com) [...]

[...] A Case Study Cease and Desist Letters, and a Case Study from Brewer and Pritchard P.C. (bplaw.com) [...]

]]> By: admin http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/comment-page-1/#comment-9292 admin Tue, 05 Aug 2008 04:32:55 +0000 http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/#comment-9292 Thanks for the comment, Peter. Matt Thanks for the comment, Peter.

Matt

]]> By: Peter Kirk http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/comment-page-1/#comment-9290 Peter Kirk Mon, 04 Aug 2008 21:28:14 +0000 http://www.mattwardman.com/blog/2008/08/04/cease-and-desist-letters-and-a-case-study-from-brewer-and-pritchard-pc-bplawcom/#comment-9290 I note with some regret from <a href="http://www.bplaw.com/index.cfm/MenuItemID/119.htm" rel="nofollow">this page</a> that Mark Brewer like me is a Cambridge alumnus, or at least claims to be. At least no one can claim that his only education was from Oral Roberts the prosperity preacher's university. The information <a href="http://www.lawyers.com/Texas/Houston/J.-Mark-Brewer-1666871-a.html" rel="nofollow">here</a> seems a bit confused but suggests that he studied at Cambridge 1983-86 while also with the US Aur Force not far away at Mildenhall, Suffolk. I see that <a href="http://spckwatch.livejournal.com/1803.html" rel="nofollow">spckwatch</a> has picked up some of this information, but I can't comment there. I note with some regret from this page that Mark Brewer like me is a Cambridge alumnus, or at least claims to be. At least no one can claim that his only education was from Oral Roberts the prosperity preacher’s university. The information here seems a bit confused but suggests that he studied at Cambridge 1983-86 while also with the US Aur Force not far away at Mildenhall, Suffolk.

I see that spckwatch has picked up some of this information, but I can’t comment there.

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