Yesterday, this delightful example of the form crossed my desk; I think my favorite quote is “So like your client, the facts of the claim won’t quite fly,” but you should read the whole thing despite the gross hosting site and admittedly-douchey defendant. Being an asshole doesn’t mean you’re always wrong (thank god).
Sure, it’s not up there with the Cleveland Browns letter, but it’s a solid effort.
When I showed this to Senior Heathen legal correspondent Triple-F, he was greatly amused, but complained that HE never gets to write such letters. How soon he forgets! Just over a decade ago (!), he had occasion to ghost a delightful bit of legal correspondence after the band for his first wedding (summer, 2002) didn’t show, and yours truly called them out on the web site for the affair. The band took exception to this bit of truth (and the fact that Googling their name led directly to it; go me!), and sent me the following bit of ill-advised (and grammatically challenged) saber rattling when they discovered the site a year and a half later (winter, 2004):
My name is D___ and I am the contact person for [band name].
The reason we did not show up for the wedding you are referring to is because A___, of _____ Entertainment, did not inform [band] of the engagement.
We did not receive a contract or no from of agreement for the engagement prior to the date.
Further more, what you are doing, and I am aware of others who have done the same, is slander and I am asking you to either print the truth or retract all of your statement concerning this event from your website.
Our attorneys are informed of your actions, along with others, and we are in the process of dealing with these issues on a one-by-one basis.
This is notice to you from [band name].
And now, Triple-F’s brilliant reply:
I’m sorry you’re unhappy with the events documented on the wedding site. Unfortunately, since the site documents the events of July 13, 2002, accurately, we will not be making the changes you have requested.
You seem to be laboring under a number of misconceptions regarding this situation. I’ve spoken with the [wedding site] “legal department” — you may recall that both the groom and the father of the bride are attorneys — and they’ve provided me with a few points you may wish to consider.
First, even if there were a cause of action here — which there is not — it would be libel, not slander.
Second, even if you had a case for libel — which you do not — the statue of limitations for libel as set in the Mississippi Code is one (1) year from the date of publication. The post-wedding changes to the site went up the week after the wedding, i.e. during the summer of 2002. July 2002 was 18 months ago.
Third, even if it were libel and the clock hadn’t run out, truth is an absolute defense to libel action. Absolutely nothing said on the site regarding [booking agent] or [band] is untrue. I was there, as were several hundred other people (many of them also members of the Mississippi Bar). There is therefore no shortage of witnesses willing to testify under oath to the fact that [band] did not show up.
Fourth — perhaps best of all — the contract for the performance at this wedding at the Country Club of Jackson on July 13, 2002, was signed by one D______ [i.e., the author of the above complaint mail]. The groom and father-of-the-bride still have said contract, which sort of makes it hard for you to maintain that you knew nothing of the obligation.
Fifth, as a direct result of that contract, you and [booker] have already been sued in this matter, and the liquidated damages, as provided in the contract written by the band’s management for failure to perform, have been paid (in September, 2002, if my records are accurate). The father of the bride handled this suit, and you corresponded with him during that time frame.
Sixth, if you wish to pursue this matter any further, we will not only request sanctions under Rule 11 of the Mississippi Rules of Civil Procedure but will also request sanctions under Mississippi Code Annotated sec. 11-55-1 et seq. (Litigation Accountability Act), damages for malicious prosecution, abuse of process and defamation.
If any of this is unclear, I’ll be happy to put you in touch with [Triple F] (the groom and, as I mentioned above, an attorney in Jackson). He will reiterate all the points contained herein, I’m sure, since I consulted with him before writing this reply. In the future, we suggest that you remember that the best way to avoid bad publicity is to meet your contractual obligations in the first place.
Fortunately, Triple-F had a much better replacement wedding last year. Everyone showed up. It was awesome. ;)