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How soon should I talk to an attorney?

Dallas, TX |
Filed under: Lawsuits and disputes

I found out there is a John Doe lawsuit against me for copyright infringement in federal court in NV a few months ago. I do believe this is a frivolous lawsuit. I am not getting served yet (that's why it is a John Doe). Should I talk to an attorney now or wait (it might take years)?

Attorney Answers 4


Why in the world would you wait when you know you are the defendant in a federal lawsuit. I would at least meet with an attorney to develop a game plan.

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I am going to move this question tot he copyright infringement area of avvo. While copyright infringement can be a crime, it can also be the basis of a civil lawsuit. But, it sounds like you need some clarification about copyright law to start with.

I do suggest that you immediately seek the advice of a lawyer who is familiar with copyright law and get a consultation in that lawyer's office to get you oriented on how to proceed.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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3 lawyers agree


The reason you know there is a suit is b/c your ISP sent you a letter, right? And soon enough they will reveal who you are to plaintiff's lawyer. That alone may cause you embarrassment. You might be better off buying your way out, because defending--even if frivolous--can be expensive.

I am handling and have handled quite a few of these, and I know settling earlier is cheaper than settling later. So, contact a lawyer now. Do not wait until the trial is scheduled and you need to front a litigator 5 or 10 thousand. MUCH less expensive now.

Licensed in Maryland with offices in Maryland and Oregon. Information here is general, does not create a lawyer-client relationship, and is not a substitute for consulting with an experienced attorney on the specifics of your situation.

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1 lawyer agrees


You should immediately retain an attorney. Further, you are incorrect in asserting that this law suit is frivolous. You face significant liability unless you respond properly to this suit and defend yourself. Recently a court issued an order requiring a defendant in one of these suits to pay $228,000 in damages because the defendant defaulted in responding to the law suit. You need to take this seriously and retain counsel now. The Electronic Frontier Foundation maintains a subpoena defense web-site that contains a list of attorneys who defend these cases (I am on the list), Good luck.

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