Call me naïve, but why do some Americans threaten lawsuits as their first move?
   I dispatched with one rather readily earlier this year as she had no plausible cause of action. Or, rather, if she sued us, she would have to sue Google first. Today, I received this one:

The following lucire article contains statements that are slanderous, damaging and untrue. If the article is not corrected and/or removed from the Internet, effective immediately, I will be forced to file a lawsuit against Lucire on behalf of [censored]. If you wish to discuss the matter with me please call me at [censored].

   I think some first-year law students can see a few problems here (not least the demanded immediacy, but ‘slanderous’ is rather humorous), but this prompts these reactions:

• some Americans today act out a stereotype, almost a cartoon version, of their true selves, by being so litigiously minded—what happened? When did they change into extras off LA Law and Boston Legal?;
• does the writer not realize that in an international business setting, this is not normal?;
• seriously, wouldn’t it have been better to outline the faults of the article and issue a response?;
• this makes me think that the company is actually guilty of the charges made in the article, but, in all fairness, I have offered its representative a chance to make her statements. Someone has to have integrity here. Prior to this message, I would have kept a more open mind;
• do I want to talk to this person, the vastly different time zones notwithstanding? Surely she has already made up her mind about what she wants to do—but then invites a dialogue? Why not just invite the dialogue as your first reaction, and, if there is no resolution, then threaten to sue? Or has normal business practice deserted this corner of the United States?

   Not to mention that threatening a lawsuit as your first communication is frowned upon by the courts. I can’t imagine the US being any different, but American courts would not be involved here anyway.
   We shall see how this plays out, but I am surprised that people do not understand how harmful their ill thought-out emails can be on their brands. If it escalates, of course the company will be named.
   Maybe the writer simply wants an excuse to holiday in New Zealand and suing someone there means she can write it off as a business expense? Posted by Jack Yan, 23:22  permalink

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