Gary Fong: Wedding Photographer Who Did A Great Job Threatened with 300k Lawsuit

Gary Fong reads a letter regarding a photographer being sued by the client who is a "Lawyer". Enjoy.

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And attorneys wonder why they are one of the most hated professions out there. He doesn't stand much chance of winning but one never knows for sure.

Listening to him read that letter made my stomach churn.

The client/attorney never really made clear what his complaint was? Only that he wanted the money OR ELSE?

He has Gary Fong going to Testify as being a professional witness that the photos were up to par...not many times would that happen. I hope that attorney gets sued out of his ass.

As the attorney said, "I sue for a living". BS lawyer.

WTF.......

I hope lots of people read this thread. A great lesson for those who think they can start charging for photography and run the business like a kids lemonade stand.

first, every lawyer i ever met or came across knows not the send this kind of letter, and doesn't write a letter like a third grader. lawyers know how to put coherent thought to paper.

besides...who charges $38K for a wedding and doesn't have a contract?

I think it was 3800, was it not? Either way, its crazyness. I could have had no photographer at all at my wedding and I dont think it would have been "ruined". Sure, it wuold suck but Id still be married.

I doubt that the client is actually a lawyer, much less a partner in a firm. That letter is a joke in ways I can't even begin to describe.

The photographer damn near shot himself in the head by not negotiating out a contract.

Both dumb.

JakAHearts wrote in post #14768382
I think it was 3800, was it not? Either way, its crazyness. I could have had no photographer at all at my wedding and I dont think it would have been "ruined". Sure, it wuold suck but Id still be married.

you are right, i saw $300K in the headline and got confused, even still no way that was written by a lawyer.

I doubt this will go to a lawsuit. Sure, the attorney who wrote the letter will go down to the clerk's office, file the lawsuit, and have a process server deliver it. The photography will then draft his answer to the lawsuit and request an immediate dismissal with prejudice. In the photographer's answers, he will claim criminal threats contained within the lawsuit, slander and libel contained within the lawsuit, etc. The judge will review the original lawsuit and wipe the floor with his. I have a pretty good feeling this will go nowhere. The photographer should also send the letter to his state bar as a complaint. This will in turn require a hearing and review of the lawsuit and attorney. He can definitely make the attorney have a very, very bad day.

I am a lawyer. I am having doubts about whether the guy who wrote the letter is truly a lawyer or not. In all my years of practice, I have never experienced anything remotely approaching this level of unprofessionalism, nor heard of it. Much of the phrasing the letter uses to try to describe legal concepts (what will happen in court, etc.) seems oddly worded and makes me wonder if the writer is in fact not actually a lawyer.

If this letter really did come from a lawyer, the photographer should instantly provide copies of the letter to the appropriate state's bar or disciplinary organization for lawyers. I can think of about 10 ethical rules (which are codified in every state) that this letter breaks. Rules against harassing opponents just for the sake of harassment, that kind of thing.

The threat to ruin the photog's business with web blogs, SEO etc. is particularly problematic. In essence, the "lawyer" is threatening extortion in order to force a settlement, which is very much prohibited by applicable ethical rules.

Finally, I cannot remotely conceive of any basis for an award of $300,000 (which the letter threatens a jury will award) on what is, at most, a breach of contract action for the amount paid by the client. You cannot get punitive damages or attorney's fees for a breach of contract claim. The "lawyer" would have to try to assert a tort claim, such as intentional infliction of emotional distress, in order for punitive damages to even be a possibility...and such a claim is laughable in the context of wedding photography. This is all the more the case if the lawyer and wife put up 1000 of the pictures on their FB page before sending the letter.

Having said all that, it is an unfortunate fact about the American legal system that you can spend quite a bit of money in legal fees to get rid of completely meritless claims. I am afraid this photog might cave in and pay the guy some money rather than have to hire a lawyer. That is why I hope he or she heads straight to the appropriate disciplinary authority with this letter.

plawren53202 wrote in post #14768669
I am a lawyer. I am having doubts about whether the guy who wrote the letter is truly a lawyer or not. In all my years of practice, I have never experienced anything remotely approaching this level of unprofessionalism, nor heard of it. Much of the phrasing the letter uses to try to describe legal concepts (what will happen in court, etc.) seems oddly worded and makes me wonder if the writer is in fact not actually a lawyer.

If this letter really did come from a lawyer, the photographer should instantly provide copies of the letter to the appropriate state's bar or disciplinary organization for lawyers. I can think of about 10 ethical rules (which are codified in every state) that this letter breaks. Rules against harassing opponents just for the sake of harassment, that kind of thing.

The threat to ruin the photog's business with web blogs, SEO etc. is particularly problematic. In essence, the "lawyer" is threatening extortion in order to force a settlement, which is very much prohibited by applicable ethical rules.

Finally, I cannot remotely conceive of any basis for an award of $300,000 (which the letter threatens a jury will award) on what is, at most, a breach of contract action for the amount paid by the client. You cannot get punitive damages or attorney's fees for a breach of contract claim. The "lawyer" would have to try to assert a tort claim, such as intentional infliction of emotional distress, in order for punitive damages to even be a possibility...and such a claim is laughable in the context of wedding photography. This is all the more the case if the lawyer and wife put up 1000 of the pictures on their FB page before sending the letter.

Having said all that, it is an unfortunate fact about the American legal system that you can spend quite a bit of money in legal fees to get rid of completely meritless claims. I am afraid this photog might cave in and pay the guy some money rather than have to hire a lawyer. That is why I hope he or she heads straight to the appropriate disciplinary authority with this letter.

Completely agree. Far too many people draft these types of letters claiming to be attorney's, figuring that the claim of being an attorney will in essence scare them into whatever they are wanting. A quick visit to the state bar website will allow him to see if in fact the client is an attorney.

I agree with you that I doubt he is in fact an attorney as no attorney would draft a letter worded in such a fashion. Not even a statute is listed. A demand letter would also normally include the hint of a lawsuit worded a bit differently and possibly suggest mediation of some sort, and also include the actual court in which the claim would be filed.

If in fact this is an attorney, he should be pretty scared right now if the client sends this off to the state bar, of which I really hope he does.

I'd love to see these photos, as well, I'm sure, as everyone else.