ie8 fix

Thomas seeks new counsel, RIAA brooks no delay

By | May 16, 2009, 9:48am PDT

The lawyer for Jammie Thomas, the only person to actually go to trial on an RIAA copyright infringement case, is withdrawing from the case, Ray Beckerman reports. Amazingly, RIAA lawyers are fighting Thomas’ request for a continuance to seek new counsel. Apparently, RIAA thinks they can only win this thing if Thomas is forced to defend herself.

But nothing is amazing when it comes to RIAA lawyers, Beckerman says:

Coming from any other attorneys in the world, it would be beyond belief that the plaintiffs’ attorneys would object to a continuance. Only RIAA lawyers would do that. I predict that the judge will grant Ms. Thomas a reasonable continuance notwithstanding the RIAA’s objection. To you law students and young lawyers out there, the RIAA’s refusal to permit a reasonable continuance in a situation like this is not acceptable behavior by an attorney at law. Were I the judge I would impose Rule 11 sanctions

Any trial attorneys willing to take on Thomas’s high-visibility case? Contact Ray at ray@beckermanlegal.com. I will volunteer to provide remote research and drafting support from California.

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Richard Koman

http://government.zdnet.com/?page_id=3731

Biography

Richard Koman

Richard Koman is an attorney admitted to practice in California. As a technology writer since the mid-1980s, Richard Koman has documented the role of computing in the transformation of the graphic arts, the growth of the Web and the birth of the peer-to-peer phenomenon. He worked as a book and web editor for O'Reilly Media throughout the 1990s, editing several influential websites and numerous best-sellers. As a lawyer, as well as a tech writer, he brings a unique perspective to the blog's intersection of law, government and technology.
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Jammie Thomas has a new lawyer.
nitehawk_ltd 19th May 2009
According to p2pnet.net, she has a new lawyer to stand up for her. Her prior lawyer dropped out because he could not continue the pro bono case.
The retrial starts June 15, as stated.
After she wins, maybe, just maybe the RIAA will get a clue.
And unless this woman fired her OWN lawyer without notice to the court that she was having problems with him or evidence she was having problems with him, no judge would DARE keep her from having a continuance to find new counsel!
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Not true at all
Rick_R 16th May 2009
Not true at all. Plaintiffs' attorneys routinely refuse to grant continuances. It's not their case, it's their client's case. Resetting a case means having to redo a lot of the trial prep and that means the client gets charged again.

There are a LOT of reasons the client will not agree to a continuance. For one thing, upper level managers don't like litigation and they want to get it over with, not have it stretch out for years. This case has already gone on five years. The longer it takes to go to trial, the worse witnesses' memories will be. The greater the chance a key witness will quit, retire, get laid off, be transferred out of the area, die, or otherwise become unavailable. The more expenses will be run up by expert witnesses and other "hangers on". The more management time is wasted tracking case progress. The more senior management and outside auditors will pressure subordinates to "get this done." A lot of the "peripheral" expenses of litigation, e.g., employee salaries, are not recoverable. Plus, the plaintiff did not file suit for the convenience of the defendant.

This case has already had one trial that the judge threw out. At this point all discovery has been concluded. There is nothing to do but conduct a new trial. The judge threw out the first verdict in September 2008. Thomas has had plenty of time to get a new lawyer and have that person get up to speed. There is no legitimate reason why she should be allowed to stretch things out more.
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Your out of your mind.
Cayble Updated - 16th May 2009
The first response to all your cheesy complaints, such as:

"upper level managers don't like litigation and they want to get it over with"

"The longer it takes to go to trial, the worse witnesses' memories will be"

"The greater the chance a key witness will quit, retire, get laid off, be transferred out of the area, die, or otherwise become unavailable"

"more expenses will be run up by expert witnesses and other "hangers on"
?more management time is wasted tracking case progress"

"more senior management and outside auditors will pressure subordinates to "get this done."

"peripheral" expenses of litigation, e.g., employee salaries, are not recoverable"

The response is too bloody damn bad for them. Try sucking it up just a little bit, with your multi billion dollar a year income and wait up for Joe Average low income citizen to retain reasonable legal counsel. Those sloppy crappy junk reasons for trying to quickly pan fry in court an average citizen with average income by an organization with billions at their disposal is so far from being reasonable is laughable, and sad.

It's an absolute crock that an organization with vast resources at their disposal would lay claim to the notion that delay was costing them undue expense, most particularly in this type of case. What I mean by this type of case is that on an individual cost versus recovery analysis, it's a loser from the start.

No sane organization would partake of such litigation on that basis alone, it's just that bad of a loser on the cost for litigation analysis. The benefit for the RIAA is that a win hopefully results in spreading fear in the P2P community, and if it had chance of working the benefit would result even if far more expenses were incurred by the RIAA. Their objection to a continuance is simply greed based.

It's so greed based, they fail to recognize what is common knowledge of what's best for the RIAA in the end. That's what makes greed such a rotten component in the justice system; organizations completely lose sight of what will get them a win as opposed to what makes them the most money. If money is what's important, that is, money in the bank, right now, they should drop all these stupid law suits immediately. The truth is, if every person charged had good legal counsel and took each case to the limits, the RIAA would likely stop all such prosecutions because it was so cost ineffective on an individual basis.

The above post by Rick_R is the typical stupid common response by a lawyer who has first forgotten that bringing a claim for damages forward is most likely to be successful if the court see's the claim as reasonable, and the people bring it forward as acting reasonably and a multi-billion dollar organization opposing a reasonable request for an adjournment by Joe average citizen to retain counsel is not going to be seen as either smart or reasonable, just unreasonably greedy.

My suggestion is this; each and every person charged by a complaint of the RIAA should fight it to the hilt if it's possible to do so, the reason for such clearly sage advice is that the RIAA has very very clearly shot the message off over the bow (so to speak) that if it cost them a little to fight such a case they may rather not fight it. At least that's the clear and somewhat dunce like advice of Rick_R seems to indicate.
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...but the FIRST line?

You: Thomas has had plenty of time to get a new lawyer and have that person get up to speed.

The very first freakin' line of the story: The lawyer for Jammie Thomas... is withdrawing from the case...

It didn't say she fired her lawyer. It didn't say her lawyer quit months ago and she's been dragging her feet. It says her lawyer IS WITHDRAWING...present tense...recent...current. What part of that sentence escaped you?
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Why are the RIAA jack-booted thugs...
Wintel BSOD 18th May 2009
...in such a hurry to get this over with? Even the lowliest citizen out there is entitled to consul.

What arrogance...
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Without information on WHY the attorney is withdrawing, we are only speculating. If the matter is a personnel one for the attorney, the judge may not disclose the reason to the public.
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Jammie Thomas has a new lawyer.
nitehawk_ltd 19th May 2009
According to p2pnet.net, she has a new lawyer to stand up for her. Her prior lawyer dropped out because he could not continue the pro bono case.
The retrial starts June 15, as stated.
After she wins, maybe, just maybe the RIAA will get a clue.

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