Down With Frivolous Lawsuits

This is in keeping with earlier promise to post more articles. One of things that has contributed to my “burn-out” as an attorney is the escalation in the number of frivolous (or at least what I consider to be frivolous) lawsuits. They’re the ones filed by people (their lawyers, actually, who I think serve their own ends by talking their clients into filing these things) to gain advantage in a business situation. Rather than negotiate fairly, rather than accept what should otherwise shake out from arm’s length bargaining, they sue you (well, your client). Of course, there are those lawyers who accept this with glee. When I accuse another attorney of just using litigation as harassment to gain some advantage despite the lack of real merit, I often hear the retort, “What are you complaining about? You’ll make lots of fees off this.” Well, sorry, but I haven’t yet adopted the lawyering business model whose mission statement is something like, “Do whatever it takes to soak the most fees from the client.”

So, it was with some measure of glee and satisfaction that I read about the recent ruling in one of the lawsuits against Google. While this doesn’t pertain to oil and gas, it exemplifies the sort of litigation I’m seeing way too often in oil and gas litigation (frivolous), and the kind of judicial attitude (willingness to impose sanctions) I’m seeing way to little of. For lack of better links, I’m going to refer you to this article in Eric Goldman’s Technology and Marketing Law Blog. I’ve borrowed his links to pdf files of the opinion dismissing the suit and the opinion granting sanctions, which I admittedly have yet to read. I hope the actual opinions are as good as the reporting makes them out to be.

In my experience, getting a judge to impose sanctions is like pulling hen’s teeth. I always hear, “Well, counsel, their position was a bit of a stretch but I can’t say it was completely and totally without an arguable issue; ergo, can’t rule it was frivolous so your request for attorney fees is denied.”

Oil and Gas Blogs

I just discovered there are other oil and gas related blogs besides mine. Frankly, I hadn’t thought about this previously. What happened was I noticed my blog software’s “dashboard” had something in the sidebar suggesting my blog had incoming links. Some sort of automatic google links checking thing, maybe. So, I clicked one and found Pipeline Perspectives. Sure enough, he/she was kind enough to actually include my link in his/her “blogroll”. I’ve now reciprocated. The other incoming link shown was the Chappell Family Blog. I already knew about that one, of course.

On top of discovering I have at least one reader, this is really putting the pressure on me to write some substantive oil and gas stuff. So, really, I’ll make a sincere effort to do so.

Springtime

Suddenly it’s spring. The last I knew, it was Christmas and I was wondering how cold it was going to get this winter, whether I’d luck out with a relatively warm one without much snow shoveling necessary, or a cold and miserable one with snow-covered driveway threatening myocardial infarction. Apparently, it was relatively mild, as I don’t remember too much trouble with it. I recall shoveling the driveway a couple of times, but only once where it required heaving big piles of snow in the shovel. So, here we are, suddenly it’s spring. The grass turned green overnight between March 21 and 22. Literally. No kidding. All at once.

It turns out at least one person other than myself has read this blog during the past few months. Consequently, it seems I’ll have to hunker down and actually write something about oil and gas. Aside from the fact there’s little or no readership, I get so overloaded on the subject in my practice that when I have spare time it’s nice to think about something else. Unlike some lawyers, I guess I’m not totally immersed in the law to the extent that I eat, breathe and live for nothing else. Most people would say that’s a good thing, I think.

I’ll try to make my next post about something oily and/or gassy.