Saturday, March 10, 2012

Extortion - unprofessional action of law firm

I receive a letter from a big name law firm with a claim that gave the impression that I have infringed that patent belonging to the client. The letter suggested discussion about "licensing arrangement".

I consider that the law firm had made the "request" without any basis and did not carry out proper diligence. By writing under their firm's letterhead, I consider their action to be tantamount to "extortion".

I checked the meaning of "extortion" and found the following explanation from Wikipedia. I will lodge a complaint to the Law Society that the lawyer is acting unprofessionally in "attempting to extort".
Extortion (also called shakedownoutwresting, and exaction) is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense. Making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense. Exaction refers not only to extortion or the unlawful demanding and obtaining of something through force, but additionally, in its formal definition, means the infliction of something such as pain and suffering or making somebody endure something unpleasant.

6 comments:

Eddy Blaxell said...

With all respect Mr Tan, it doesn't make you look good to complain about all these legal issues on the internet. In fact all it does is make clear that you are not a lawyer!

Let your lawyers deal with this sort of thing. Your opponent's lawyers are only representing their client's position, and they're doing it out of money, not morality. There's very few lawyers (or people, for that matter) in Singapore who'd do any differently.

Tan Kin Lian said...

Eddy, I disagree with you, with due respect also. And I do not agree with spending this type of money on lawyers.

Tan Kin Lian said...

@Eddy. You are saying that lawyers do not have to act morally and will do immoral things (which I assume is your statement) to earn the fees of their clients.

You also said that is is quite common for most lawyers to behave in this way.

I agree with your observation, but disagree with your conclusion that this state of affairs should be accepted.

I like to hold lawyers to a higher standard of professional conduct, and that includes acting morally. I do not wish to condone the current situation.

yujuan said...

In the 80s and early 90s there were morally upright and respectable lawyers from big reputable firms like Tan Rajah and Cheah, from a personal experience.
Now we dun think so, perhaps 99% of lawyers in this country have no integrity, have money and power, then can talk, no money and power then shut up. Frequently, they team up with their paranoid,high powered clients to bully the ordinary citizens who supposedly talk too much.
We have received threatening legal letters from abroad many times, on patent product infringements, but we dun get invited to sit down to talk about collaboration/discussion.
So TKL's receipt of this threatening lawyer's letter looks suspicious and abnormal.
Looks like there is a need to seek legal advice, esp if the letter was from a big bully lawyer's firm, whether Mr. Tan likes it or not.

Tan Choon Hong said...

The word I would use is “intimidation”. When you see a demand on a big-gun lawyer’s letterhead, you are frightened into submission for fear that if you do not accede, you will bear the high lawyer’s fees should a judgement be made against you by default (in the case when you do not put up a defence), or if you lose the case even with representation.

Tan Kin Lian said...

Choong Hong,
I agree with the use of the word "intimidation". It is also a form of "coercion" and when it it used to collect money, it becomes "extortion".

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