About the BOI and it's future here...

Yes, I do have a legal warchest built up. I believe it is enough, but realistically it depends on how much money the OP is willing to spend on their attorneys. Push come to shove, most legal battles are fought at the pocketbook level, and not in the courtroom. As one of my attorneys once told me, if you can't afford to go to court to defend your rights, then you HAVE no rights at all. For instance, if I decide that I want your car bad enough to spend $20K to file a frivolous lawsuit against you claiming $100K in trumped up damages, and you can't drum up the money for an attorney (start thinking about $50K or better if it actually goes to court) to defend yourself, then I WILL get that car from you. Even if your car is only worth $17K, I may want to just piss you off by taking it from you and it is worth that kind of money to me to do just that. Would you be willing to spend $50K to keep your $17K car? I'm pretty sure that your attorney would look at the figures and just advise you to give up the car as a settlement. At least this would be true if he didn't want to soak you for those attorney fees he would be collecting.

Of course, the question would also arise in my case as to whether or not I would WANT to spend that money for such a thing if I felt I would just really be pissing it away for something that doesn't really matter to most folks anyway. If I were faced with a serious lawsuit that could easily cost me $50K if I do not capitulate to the demands to delete a specific thread on the BOI, how much SHOULD I be concerned with spending that kind of money for such an expenditure? With say, 400 contributor members, even ignoring the month server bills, upgrades, problem consultations, and the like that I have to pay out, how long would it take me to rebuild that warchest? Certainly filing and winning a countersuit would help, but there are NO guarantees in the courtroom. And while this is all going on, I would guess that other members will be posting new threads and posts all along in the BOI, thereby exposing me to even more liability..... Suppose someone else gets worked up into a frenzy over what was posted about them and files ANOTHER lawsuit?

Once the warchest is depleted, no, I'm not dipping into my retirement savings for this site. Quite honestly, if it comes to a choice between keeping the BOI (or FaunaClassifieds, for that matter) and my retirement fund, it's bye-bye BOI time.

I hope this isn't overstating the obvious to everyone, but if the membership fees are too much of a burden for too many people here, then certainly the financial liability the BOI imposes on me giving you all this tool, will be too much of a burden for me. Don't get me wrong, I am pleased that the BOI has helped a lot of people and am proud of what it has become. But my income earning potential has changed with my retirement and I have to be realistic about what this is all worth to me at this stage of the game. Having a huge financial liability with no likelihood of the funds being able to be earned from the source of that liability just doesn't make any sense. I doubt that anyone can seriously argue with me about this point.

I dont think ANYONE will argue with you on that point Rich... and Im willing to bet we all agree with you as well when it comes to your retirement savings or the BOI.

Originally Posted by BrandonsBalls

Well then, Rich needs to reach out and find a herper that is also a lawyer, one who will do pro-bono work; basically a person who knows the value of the BOI, and who will work to defend against these idiots. (but I am sure he has already thought about this).

Thoughts?

Brandon Piddington

I'd certainly contribute my efforts if needed, but different states have different laws, and a 'hometown' attorney often has connections and experience with a particular jurisdiction that can actually make a critical difference.

Originally Posted by lucille

I'd certainly contribute my efforts if needed, but different states have different laws, and a 'hometown' attorney often has connections and experience with a particular jurisdiction that can actually make a critical difference.

I agree, and although I am not an attorney, perhaps you could assist in finding one that might be suitable. There has to be someone out there that meets those two criteria, which is being a lawyer and a herper at the same time.

There probably is, but what are the odds that he/she has suitable experience with this type of case?...It's not exactly a general practice issue.

I'm sorry but I keep hearing "I want something for free". Rich should do all this for nothing and if a problem arises an attorney should help for nothing so that the rest can have this site. I do not see how that is fair. If Rich should put his time and money into this why shouldn't every one else?

Originally Posted by BrandonsBalls

I agree, and although I am not an attorney, perhaps you could assist in finding one that might be suitable. There has to be someone out there that meets those two criteria, which is being a lawyer and a herper at the same time.

I meet those criteria, I'm both an attorney and a herper, but as Harald pointed out, one would have to have some experience with these kinds of cases, and as I pointed out earlier, the various states have their own laws and local procedure.

Originally Posted by DAND

I'm sorry but I keep hearing "I want something for free". Rich should do all this for nothing and if a problem arises an attorney should help for nothing so that the rest can have this site. I do not see how that is fair. If Rich should put his time and money into this why shouldn't every one else?

That's what I keep hearing as well and I fully agree with this statement.

Originally Posted by hhmoore

There probably is, but what are the odds that he/she has suitable experience with this type of case?...It's not exactly a general practice issue.

Harold also raises a good point. How many experienced lawyers on this type of law are herpers and have heard of the BOI? You wouldn't want a kid straight out of law school for this sort of thing.

Lets not forget just because someone wins a lawsuit doesnt mean they get the money
There are alot of deadbeats that dont pay up,There for rich would still be out the money he put up Unless he went to a collection place that would charge 50% of what they can get back so Rich would still be out money
lets not forget most states have it to where you can get a case continued numerus times and in small claims court, Lawyers cant go so he would have to spend money on flying to each court date to be there in person or forfeit and lose the case by default
Not to mention there are caps on small claims which wouldnt even cover his air fares
and everything he will have to put up
So even if he does win and could get some money he would still be out of pocket
Just my 2 cents worth

Rich already has attorneys he likes, has worked with, and is familiar with. I'm sure he appreciates us each time we offer help, but is seems to me the best help we can offer is to try to donate toward the site's upkeep, and to try to have a membership. As well, there is the 'Contributions'nStuff thread on the top of the BOI forum where one can donate snakes, herps and other items to be auctioned and the funds gifted to Fauna.