LECTLAW.COM
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From The 'Lectric Law Library's Stacks A Word of Caution Re: Dealing with TAB Expert Witness Service |
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From The 'Lectric Law Library Staff:
To all Prospective TAB Clients or Associates,
After much consideration, and with no pleasure, he Library believes that you should be aware of the following in considering whether to have an association with TAB.
* TAB is one of the Library's earliest advertisers and we've always enjoyed a good relationship.
* In the almost 2 1/2 years of our association we've not received one complaint from a TAB client.
* Recently TAB's management changed and the new management made an agreement with us that, whether due to their honest error or intentional deception, they refuse to honor.
The relevant facts in a nutshell are:
1. In late 1997, TAB and the Library agreed that the Library would create a new Expert Witness area that TAB would sponsor the new area for two months with the option to renew at the end of that term.
2. The Expert Area was completed and on-line about 1/10/98, and in it's 2nd month around 2,000 of TAB's files were accessed by Library visitors.
3. We sent TAB periodic reports on file accesses, click-throughs, etc., and, as renewal time approached, a number of messages about renewing TAB's sponsorship. On 3/17 we received the following:
Date: Tue, 17 Mar 1998 05:15
To: staff@lectlaw.com
Subject: Re: 3/1-15 Stats & Your/Our plans
Hi Jeff. I think that I probably told you that I have retired, and my son, Joe Gentile III is now in charge. I am going to recommend that he renew the advertising with lectric law library by copy of this message. It is his responsibility and prerogative to prepare the TAB advertising budget and handle all financial obligations.
. . . Although yours is the only paid site that produces any hits, we are doing a lot better on the search engines.
I think my son will agree that if we are going to engage in long term advertising with you, it will have to be at a rate that will be comfortable. How about continuing at $X per month? Please communicate with Joe III. His email address is tabcentl@mo.net
I phoned Joe III the next day and we had a nice discussion at the end of which he made a counter-offer to my suggested cost for a 2 month renewal of TAB's sponsorship. I replied that I would e-mail him my decision quickly. Here it is...
Date: Wed, 18 Mar 1998 16:21
TO: tabcentl@mo.net
Subject: TAB's 'LLL Sponsorship
Hi Joe,
Good talking to you....
As for your proposal of continuing the sponsorship for 6 months at $X per month - $X total:
1. Fine.
2. You dad didn't want a written contract, which was OK with me... but if you do, that's OK too... just let me know.
3. With your dad's retirement should the file's TAB e-mail address remain tabeast@...? Any other things that need changed?
4. Lets have the effective start date of the 6 month term be March 20th [the current term expired within the last few days].
5. Send the check to: . . .
6. If you've any other questions, ideas, etc., please let me know.
Date: Fri, 20 Mar 1998 12:59
To: tabcentl@mo.net
Subject: TAB's 'LLL Sponsorship
Hi Joe,
I sent the (previous message) and haven't heard back yet so just sending another copy to be sure you received it.
We phoned TAB on 3/24 and had a very brief conversation during which they claimed their mail server had been down and so they hadn't received either of the two previous messages, so we sent:
Date: Tue, 24 Mar 1998 12:50
To: tabcentl@mo.net
Subject: (Fwd) TAB's 'LLL Sponsorship [3]
Hi Joe,
Just got off the phone with you and am sending the (previous 3/18 and 3/20 msgs) to make sure you have it.
Needless to say speed is necessary... and if you want to send the check overnight we can split the cost. Soon
Date: Thu, 26 Mar 1998 09:02
From: tabcentl@mo.net
Subject: Re: TAB's 'LLL Sponsorship
Jeff, after much consideration I have decided to withdraw completely from the 'Lectric Law Library.
Date: Thu, 26 Mar 1998 12:28
To: tabcentl@mo.net
Subject: Re: TAB's 'LLL Sponsorship
Joe,
You obviously have every right to decide how to run your business and if and where to advertise.
However, when we spoke last week you made a clear verbal commitment to continue to sponsor the Expert area for 6 months at $X a month. In fact, both the 6 months and the $X were your idea. Based upon your oral representations I have allowed the TAB sponsorship to continue, but perhaps more importantly, made business decisions based on your word.
Understand that I have no desire for anything but a continuing, mutually beneficial business relationship between our organizations. However, also understand that if we cannot work out this matter in a agreeable manner I will be force to take action within the next 24 hours.
I anticipate your prompt reply and will attempt to call you if I don't hear from you first by e-mail. Thanks
Date: Fri, 27 Mar 1998 08:44
From: tabcentl@mo.net
Subject: TAB and Lectric Law Library
Jeff,
Let me make a few points perfectly clear to you.
In no way shape or form did I make a committment to continue advertising with LLL as a sponsor. I did mention that I would not ever pay $X per month and that I would consider paying $X per month. For that rate I would have expected a minimum of 6 months committment at said rate. I took this into consideration and decided that $X for six months, $X per year in a best case scenario for limited return was not reasonable. I never once said that I was committed to action or that I would be sending a check to you immediately.
I have absolutely no interest in sponsoring LLL at this time. These are my terms. Whether or not you find them agreeable is irrelevant. Remove TAB from LLL's site post haste.
Joseph J. Gentile, III
Date: Fri, 27 Mar 1998 13:14
To: tabcentl@mo.net
Subject: Re: TAB and Lectric Law Library
Joe,
The fact is that you said you'd continue the sponsorship for 6 months at $X a month... There was no mention of "considering" this. [I can supply you with the exact words if you'd like.] I said that I'd get back to you by e-mail quickly... which I did... and accepted. I didn't hear back from you for a week.
I'd like us to continue having a mutually beneficial relationship and I'm more than willing to discuss return on investment and how TAB has/will benefit as well as how we can increase effectiveness. However, your agreement to continue sponsorship was, intentional or not, unambiguous and your tardy retraction creates serious problems for me. I really hope we can avoid a dispute, and assume you do too, but that's the factual basis we have to work from. But I'm into being flexible.
I will not be removing TAB's material from the Library [as stated as part of the understanding before I developed the expert area] however, whether it will be modified, and how, is an issue I hope we can quickly work out.
I will be calling soon... if for no other reason than to make sure you're aware of this e-mail and to answer any questions or misunderstandings.
Date: Sun, 29 Mar 1998 22:45
To: tabcentl@mo.net
Subject: Re: TAB and Lectric Law Library
Joe,
Re our (previous) messages and our curt phone conversation of Friday afternoon. I've not yet heard back from you and would appreciate the courtesy of a reply. As I've repeatedly said, I'm into being reasonable and flexible and am happy to answer any questions you may have.
I removed the TAB Banners and links from the various TAB files, though I've left the authorship attributions and TAB's web site URL.
However, unless we rapidly reach a acceptable resolution of this problem, I will be putting a notice of the facts re this matter in the files and in the Expert Area to remain either until the agreed upon 6 month term has ended or another sponsor for the Expert Area is found. I really would like to prevent things from going that far, so please contact me [I agree with your insistence that our contacts should be by e-mail] so we can hopefully resolve this dispute in a mutually beneficial manner. Thanks,
Date: Mon, 30 Mar 1998 08:34
From: tabcentl@mo.net
Subject: Re: TAB and Lectric Law Library
Jeff,
Any and all business relations between TAB and the 'Lectric Law Library are severed completely. Plain and simple.
Let me make one thing perfectly clear. If you print any commentary on your commercial site I will promptly sue you for liable. If you send me one more threatening email letter I will consider it harassment and contact the proper authorities via our attorney.
Let this response serve the purpose of notification regarding the above.
Date: Mon, 30 Mar 1998 12:06
To: tabcentl@mo.net
Subject: Re: TAB and Lectric Law Library
Joe,
You might have your attorney call me directly ASAP so further unpleasantness can be avoided.
To date we've received no direct reply or communication of any type from TAB, but finally, on April 20, someone claiming to be TAB's attorney e-mailed us what's known in the trade as a "demand letter" - in this case a packet of absurd and proposterous threats, deluded contentions and pompous demands.
We've been trying since then to amicably resolve the problem through e-mail with the lawyer whose Sat, May 2 e-mail repeated his claim that the above file "contains at least some statements that are utterly and demonstrably false and slanderous, as you know." And that not only continued refusing to identify the supposed lies, but childishly challenged "you figure out which ones." Tired of this seeming charade, we replied the morning of Mon, May 4, repeating that we honestly don't know what falsities he's talking about, and stated that unless he stops his games and identifies them by Wed, May 6, we'd post our messages on-line. We've not heard from him as of Thursday night, so The 'Lectric Law Library is pleased to present what we think you'll agree is an
* Educational Journey Into Legal Absurdity *
Some Final Points
** As with all issues and stories we cover (well... at least most of them), we've tried to make our reporting of this matter as objective as possible, even though we're part of the story. We edited the above e-mail for brevity and clarity only, tried to not remove or distort anything material. We can supply the full unedited versions [without financial details] if you've a legitimate need for them.
** TAB is invited to send us any relevant factual corrections which we will be happy to post. They've long known of this offer, but, to date have refused for reasons which we, and you, can guess at.
** We have no desire to harm TAB in any way and will happily reinstate their sponsorship as well as remove this file as soon as they indicate they intend to honor the agreement they made. Furthermore, we hope that TAB honestly believes it's incorrect version of what it said or didn't say, rather than it's being intentionally deceptive and unethical. We expect to discover the answer to this very soon and proceed accordingly.
** We're providing this material for two main purposes:
1. To hopefully clarify the facts to TAB so that they will act honorably and keep their word, and;
2. To report useful information to possible consumers of TAB's services, as objectivelyas we can, so they can at least consider it... maybe check it out themselves... perhaps ask TAB for an explanation... or at least know a possible problem may exist.
The reality is that there are plenty of organizations, large and small, that don't live up to their promises, agreements or commitments, and that apparently think that lying and cheating are acceptable business practices -- irregardless of whether TAB's one of them. Knowledge is your best protection against being cheated, so find out as much as you can before doing business with anyone. Always read and understand the fine - and large - print before commiting to anything, or get the advice of someone who does. And trusting others is fine - but still cut the cards... As the legal types say Caveat Emptor.
Anyhow, like the Hill Street Blues sergeant warning his cops before they hit the street, we'll finish with: "Remember people. Lets all be careful out there."
The 'Lectric Law Library
April 7, May 4 & 7, 1998