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Taylor Swift Threatens Legal Action Against Social Media Account That Tracks Her Private Jet
(www.billboard.com)
this post was submitted on 06 Feb 2024
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Just want to point out that the lawyer's letter claims that Swift is experiencing emotional distress because of the publication of her flight details. That's likely meant to be the hook of the lawsuit, since it's public and true information there aren't a lot of grounds for a lawsuit apart from the broad catchall "intentional/negligent infliction of emotional distress".
But as a matter of pure legal ethics (which are enforceable rules lawyers have to follow):
As to the former, Swift's lawyer would have needed authorization from the client to send that demand. Whether the client is Swift personally or some kind of LLC or something set up to represent her business. I'd suspect the former since LLCs can't sue for emotional distress (corps have been held to have free speech rights, but no court has gone so far as to declare them to have emotions). I think it's very likely Swift had to personally approve this demand letter.
As to the latter, if the lawyer didn't at least talk to Swift about this, then the lawyer cannot plausibly claim that she's experiencing emotional distress. No lawyer (not working for Trump) is going to bold face lie in a demand letter. If the lawyer made that claim up, and Swift later came out and was like "I didn't know this was sent, I don't care about the flight tracking accounts), that lawyer would be looking at disciplinary action. No lawyer is going to risk that, especially on something high profile like this. Swift had to have said something from which the lawyer could plausibly claim she was experiencing emotional distress.
In conclusion, it is exceedingly likely that Swift not only was aware of this demand but personally approved/directed it.
Buddy, you and I have clearly had wildly different experiences with lawyers, technical nuance, and toeing the line of legal ethics.
1, they don't need a legally valid justification for the lawsuit they haven't filed because they're still at a stage way before that: scary threatening letter.
2, the gap between "I don't like that people track my plane" and you stating that it's "very likely" she personally approved the letter is pretty hilarious, and again anyone in her entourage could be the driving force behind this, and the LLC "nuance" still doesn't matter since this isn't a legal filing, its a bully letter.
3, "misrepresent facts" can be interpreted in many ways. This is a letter sent to a guy trying to scare him off, there aren't as many protections as you think on "misrepresenting facts" in a letter versus an actual legal filing. As pointed out in the article they accuse him of the nebulous violating of state laws while notably not saying which ones, believe me if they knew specific laws to list they would love to, makes the letter look MUCH scarier.
4, "no lawyer... is going to bold face lie in a demand letter" well that's just horseshit man, not to beat a dead horse but its a LETTER, not a legal filing.
5, in conclusion, you should check the batteries in your "Jump to Conclusions" mat.
I mean your mostly just wrong. Here are the rules of professional conduct: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents/
Obtaining a clients consent before taking a course of action is covered by rules 1.2 and 1.4:
Nothing limits that to just the litigation context.
Rule 4.1 is literally titled "Truthfulness in Statements to Others"
See also Rule 8.4:
Buddy, absolutely nothing of what I described comes anywhere close to what you just posted. You might be the worst armchair lawyer ever. If what you just posted matched to what I described then her lawyers would also be liable for disbarment hearings, that simply is not how it works.
Lol I'm a real life lawyer, I'm familiar with how this works, and very familiar with the rules of professional responsibility. So I'll just lay it out for you. No demand letter I have ever written has gone out without my client first reviewing and approving it. I don't need my clients consent for every communication (e.g., if I'm going back and forth with opposing counsel on something, I'm not getting the client's signoff on each email), but at the very least the client is aware of and has approved the strategy I am engaging in and whatever means I'm using to do it. But a demand letter absolutely gets client approval first. Beyond that, i would never contact any person or entity on my clients behalf without their express permission.
The simple fact is no lawyer just does things, particularly not send demand letters, cause they feel like it. Lawyers are agents of their clients, we do what we are asked to do (provided it's legal), nothing more nothing less. The client is the boss, the lawyer is a servant. The lawyer doesn't just do shit on their own.
And all communications must be truthful. Period. Now you can exaggerate for tactical advantage or to press a negotiation. Maybe her lawyer coached a useful answer out of her ("would you say that account posting your flights is causing you stress?") But you absolutely cannot just make up an injury to a client they didn't at least suggest they might have. It doesn't matter if it's a complaint, a demand letter, an email, or a Christmas card. Lawyers cannot just make shit up out of whole cloth.
Now, dem are da rules. Does everybody always follow them exactly? Usually yes, actually. I work with a lot of lawyers, and I've been on the opposite side of some real shitheads. But I can count on one hand the times I've suspected opposing counsel of breaking a rule, including dishonesty. Once actually, there was one time, in my 8 years of practice. I'm sure some scumbags do exist. But Swift is paying top dollar for a respected firm, and they will not risk their licenses or reputation on engaging in some free wheeling strategy to threaten some kid who is already internet famous for this exact thing without the clients explicit consent, especially not by making up emotional distress on behalf of Swift without consulting her first. It's just not going to happen.
The main reason I doubt you are a lawyer is that you keep rewording my statements so you can make a different argument that sounds better (to you). If you are a lawyer (lol) you should probably go wait for your phone to ring, it's Trump and you're up next.
I never once quoted you, so how could I reword your statements? I'm on mobile, it's a pain in the ass to quote someone. Besides your statements are mostly just "nuh uh" what use is there quoting them? I'm not arguing with you. I'm explaining to you how this works.
I didn't say you were quoting me, I said you reworded my statements. Hey you did it again!
https://i.giphy.com/a6YHwnkn0ctOM.webp
That's fine. Whether you will admit it or not, just know you are very wrong. And very stubborn. I hope that's going well for you.
It's working out really great, I'm actually a lawyer too! My real name is Oliver Wendell Holmes but I try to keep a low profile online.