On Tue, 2008-04-22 at 14:17 -0600, RB wrote:
> I worry that, in the outside chance the
> bylaws are ever legally tested (since that seems their original reason
> to exist), the approach would be judged as naive optimism.
That's true, but having experience with the legal system. It's not so
cut and dry. The benefit must be worth the costs. It's pretty expensive
and time consuming to get any sort of a judgment. More so if it must
come from a judge, instead of a arbitrator, negotiation, etc.
Then even if you are lucky enough to get a legal judgment. If it's one
were you were awarded $ or etc. You get the joy of then having to
collect on that. Of which you have to give up a percentage, unless you
do it yourself. Much less the amount must be great enough for a
collector to take interest.
FYI, I have a legal issue/dispute right now with At&t wrt to
advertising. I have spoken with their lawyers. Who because of cost
versus benefit. Have removed themselves, and the matter is now back to
At&t to resolve. I might counter sue in small claims or etc. But till I
have a need, as in At&t tries to take some action, or places a lien, etc
against my business. It's pretty moot, and they can't do a thing, that
won't cost them more than they are already into things more. Very likely
just cut their losses :)
Also having being on the other side of things, I blew >$20k trying to
recover some of a $150k investment in a partnership. Despite others
advice, I didn't cut my losses. So instead of just $150k, that was $170k
+. Not to mention a judgment was awarded at one point. For ~$60k, and I
couldn't even find a collector willing for ~30%.
I still have judgment, and I have collect 0 on it :(
Now if all this was law suits over principles and there is no financial
judgment to be collected on. The reward must really be great, to justify
the expense. Which might not be $ but will surely be time. Legal stuff
moves slower than molasses in Antarctica.
William L. Thomson Jr.