I had two screenplays stolen. Defendants used my material and won major movie awards. Disguised theft by changing copyright date

I submitted the above heading regarding a copyright case. I did receive two candid responses, was very appreciative of the attorneys opinions, and learned a lot. Fortunately I have had to pursue only one other large business case in my life as well as a few 'Small Claims' cases. (Cost of doing business). Since I only go to court when I have to, I have never lost a case. In response to one attorneys comments where few attorneys will take my case seriously and many will choose not to become involved with the case. This is so true. Thank God I did not give up on my large 'Breach of Contract' case. After twelve law firms stated that I did not have a case, I finally found a lawyer who saw it as I did. 30 minutes into the deposition we won the case. If the truth is on your side NEVER GIVE UP!!!
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To the plaintiffs who feel like giving up... If your case is in fact really worth pursuing... Don't give up just because a few or even several of the attorney(s) you are consulting with disagree with your findings, your legal discovery, or if you have a personality conflict. Be persistent. Although the other twelve law firms that I contacted saw no merit in the above mentioned 'Breach of Contract' case whatsoever, they were still very helpful in their constructive criticism. If you know you are in the right, in a case worth pursuing, learn from the lawyers who state every reason under the sun why you should not continue with your case. It will make your case stronger when you finally find the right lawyer to represent your case. What I found out is that since no two people are a-like, one attorney's adamant negative opinion about your case, is just another attorney's strength.
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Answers (2)

Daniel Nathan Ballard

Daniel Nathan Ballard

Contributor Level 7
I suggest that you seriously consider the possibility that the twelve attorneys who refused to take your breach of contract case refused, in part or in whole, because of YOU -- not because of the merits of the case.

A person who cannot see any outcome other than the one very strongly desired is not a client worth having.

The law is so complex, uncertain, and variable-laden that no outcome is certain. Especially when a client, passionate about her case, colors the facts her way and alienates the opposition, judge, and jury with self-righteousness. And if she loses, there is no doubt her wrath will be directed onto her attorney. All in all bad energy and a losing proposition. But good luck.
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Pamela Koslyn

Pamela Koslyn

Contributor Level 10
I'm one of the lawyers who provided "candid responses" to this questioner - I spoke with him as well. I'm writing to all those plaintiffs being encouraging to never give up if the "truth is on your side." If 12 lawyers, whose aggregate experience no doubt totals several hundred years of legal work, all decline representation, something (or someone, as my esteemed colleague Mr. Ballard surmises) is in the way of a good case. Perhaps both - the case has no merit, and the client isn't honest about it. If , for example, someone says that their case was won after 30 minutes of a deposition, they either don't know what a deposition is, or are so given to hyperbole that no one can trust anything they say.

If someone has a statute of limitations problem, they need to confront it. Maybe they have a good tolling argument, or maybe they don't. Maybe a legislator somewhere has proposed a retroactive change in the statute of limitations, or maybe that's a fantasy. Maybe a copyright office clerk said something about a document with some irregularity, and they took it as important legal advice, when we know better. Maybe reality is that truth is not on their side because they just waited too long to do something about their claim, it's unlear that there even IS a claim, but still they're grasping at straws and remembering and hearing only what they want to remember and hear. Maybe sometimes it's best to give up.

Enthusiasm is fine, but exaggerating , especially when we lawyers have pretty well developed BS detectors, isn't a constructive use of anyone's time. Sometimes, plaintiffs, your case is just not viable, and you've got unrealistic expectations because of how you think things should be, rather than how the governing law applies to your facts. It's fine to seek several legal opinions, but don't waste people's time by glossing over crucial facts. The idea isn't to convince a lawyer you've got a good case, it's to lay out the actual facts and let them speak for themselves so we can do a reasoned analysis.


Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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