Thursday, January 29, 2009

A. Harrison Barnes, I think I know what "A." stands for.

YAY! I am thrilled to report that somebody from Legal Authority found this blog. I know this because this blog received three obviously fake "positive" comments re: Legal Authority, all within a span of four minutes.

I have no problem with LEGIT comments to this blog, positive or negative, but I did take the liberty of deleting the fake ad-copy posted by the company itself. The comments were obviously just as fraudulent as the company they promote-- three comments were posted within a four-minute span, purporting to be from three different attorneys. However, NONE of the names correspond to real attorneys.

For example, one comment was from a "Sandra Carter" in Michigan, who claims to have obtained some lucrative position with a Detroit firm thanks to Legal Scam-thority. LOL!!! However, the blogger profile is "unavailable" and THERE IS NO ATTORNEY WITH THAT NAME IN MICHIGAN. Ditto for the other comments posted simultaneously. Sandra, please feel free to clarify this discrepancy.

Ultimately, I have enabled comment moderation. So besides utter incompetence and disregard for the law, I suggest that we should add a lack of scruples to the qualities of this rubbishy company. And that's its good side!

***

As for me, I have prepared but still not filed my Complaint for damages against Legal Authority. I am aware of the statute of limitations, so I have time. Finally, a couple positive notes:
  • There is important news developing re: Legal Authority, but I've decided to withhold it for the time being. Watch this space, though it may be a couple months before it's ready for primetime.
  • My law school (who referred me to L.A.) has severed ALL ties with this company, and has advised regional law schools to do the same!
YAY!! Perhaps the free market works after all.

CAVEAT EMPTOR -- BUYER BEWARE! STAY AWAY FROM THIS COMPANY and all their "Whatever-Crossing" subsidiaries!

Thursday, December 11, 2008

Legal Authority at the BBB

Within the last couple months, Legal Authority has raised their rating at the Better Business Bureau from an "F" to a "CC".

Basically, they had someone post vague denials of all complaints received, instead of ignoring them as before.

Legal Authority responded to my October 2007 complaint in September 2008. Yes, after nearly one year. Basically LA denied everything I said-- i am sure they copied and pasted from their other denials at the BBB. Word against word. The email notification went to my SPAM folder for some reason and so i missed it. The BBB closed my complaint because i didn't post a rebuttal within 10 days of LA's response (which itself was 11 months overdue!).

I was told i could petition to re-open my BBB complaint, but i am suing LA in civil court, so i'm not even going to mess with that.

Suing Legal Authority.

Well, I have reached the end of the road. Legal Authority submitted my fraudulent, nonexistent debt to a collection agency, testing my promise to them that I would sue them if that eventuality came to pass. I have drafted a Complaint for:
  1. Injunctive relief
  2. Declaratory relief
  3. Recovery against bond of employment counseling service
  4. [in the alternative] Breach of contract
I hesitated to include #4, but it will give me an excuse to allege all the problems with LA's service so i don't just look like a whiner. When i get around to it i will try to post a redacted version of my complaint. I am only entitled to $2,200 in statutory damages, but I will seek punitive damages as well and see what happens. I spoke with a consumer rights attorney who agrees with my evaluation of the case, but declined to take it because my damages are less than $25,000, which confines the case to small claims court.

I was disappointed to learn that an attorney appearing pro per in California cannot recovery attorney fees. Here is the state of the law in California on that issue.
The 'attorney fees' recoverable pursuant to CC § 1717 refer to the sum a litigant 'actually pays or becomes liable to pay for legal representation.' When a party litigating in pro per (whether a nonattorney or attorney) neither pays nor becomes liable to pay attorney fees, fees are not recoverable under CC § 1717. [Trope v. Katz (1995) 11 C4th 274, 292, 45 CR2d 241, 251 (pro per attorney); Jacobson v. Simmons Real Estate (1994) 23 CA4th 1285, 1292, 28 CR2d 699, 704 (pro per nonattorney); compare PLCM Group, Inc. v. Drexler (2000) 22 C4th 1084, 1096- 1097, 95 CR2d 198, 207, fn. 5 (distinguishing Trope rule as 'not intended to imply that [§ 1717] fees can be recovered only when, and to the extent that, a litigant incurs fees on a fee-for-service basis' (brackets added))--§ 1717 fees awardable for services rendered by in-house counsel; see also Mix v. Tumanjan Develop. Corp. (2002) 102 CA4th 1318, 1321, 126 CR2d 267, 269-- successful pro per litigant in contract action can recover § 1717 fees for legal services of assisting counsel even though they did not appear as attorneys of record]
credit

Thursday, February 14, 2008

Letter #3 to Legal Authority

Long story short: Legal Authority ignored or avoided responding to my multiple calls, letters, and emails-- as well as my complaint at the Better Business Bureau. I had the below letter notarized and sent via certified mail, return receipt requested, for proof of receipt that will stand up in court (if I am forced to sue them). I consider the letter below to be a great synopsis of my whole Legal Authority experience. Personal information is redacted for privacy.

***

February 12, 2008

[My name and address.]

Legal Authority
175 South Lake Avenue, Suite 200
Pasadena, CA 91101

Account Number: ###
Order Number: ####

Dear Legal Authority, Inc. (hereinafter “Legal Authority” or “you”),

Please note that this, my third letter to you, is notarized and sent via certified mail, return receipt requested, for evidentiary purposes. You have forced me to such extreme and drastic measures because of your inexcusable pattern of avoiding and/or ignoring my multiple complaints, whether issued to you via phone, post, or e-mail.

1. Please correct my mailing address in your records.

You continue to mail purported bills and invoices to my previous address, after I have notified you repeatedly as to my correct address in multiple written correspondences, as well as telephone conversations on December 10 and December 14 of 2007. My correct address, for the fifth and final time, is:
[My name and address.]

Besides casting doubt as to whether you even bother to open letters from your so-called customers at all, your repeated failures to update my address further delay my receipt of your purported bills and/or invoices, which currently reach me only after being forwarded by the postal service.

2. Legal Authority has repeatedly ignored or avoided my multiple requests for customer service.

Inexplicably, you have elected to ignore my previous letters, which were mailed on October 15, 2007 and November 19, 2007, respectively—I have not received any response addressing my concerns and questions. You have also elected to ignore my October 2007 complaint at the Better Business Bureau (Complaint #), where you are distinguished with an “F” rating.

I called your customer service number on the afternoon of December 10, 2007, in an effort to follow up on my written correspondences. I was assured by “Dean” of your company that he would e-mail me: (1) confirming that my address had been updated in your records; and (2) confirming whether you had received my second correspondence to you, mailed on November 19, 2007. After no response, I again spoke with “Dean” on the afternoon of December 14, 2007. Dean assured me that my address had been corrected, but stated that he lacked information with which to confirm your receipt of my November 19th correspondence. Once again, “Dean” assured me that he would e-mail me written confirmation of the above two items. Two months later, I have not received an e-mail or otherwise heard back from “Dean,” or from anyone on behalf of your company, for that matter. On the afternoon of January 23, 2008, I left a brief and polite voicemail message for “Janae” (phonetic) of your company, simply requesting a return call at her first convenience regarding customer service. I received no response. On January 29, 2008, I received an automated birthday greeting from “theresa@legalauthority.com”. I immediately replied, requesting customer service again via e-mail. Yet again, there was no response. The above background of facts has forced me to have the present letter notarized and sent via certified mail.

3. Any purported contract between Legal Authority and me, [name], is void and unenforceable as a matter of law.

After analyzing the pertinent legal authorities (pun intended), I have concluded that any purported contract between Legal Authority and me, [name], is void, unenforceable, and illegal as a matter of law. Consequently, any purported arbitration provision within that void contract is equally void.

Initially, note that Legal Authority is an “employment counseling service,” as defined by the California Employment Agency, Employment Counseling, and Job Listing Services Act. (Civ. Code §§1812.500 et seq.; 1812.501(b).) As an employment counseling service, Legal Authority is expressly subject to California Civil Code section 1812.510 et seq.

A contract for employment counseling services must be in writing and signed by the customer. (Civ. Code §1812.511(a).) The purported written contract, if such exists (which, here, it does not), must also contain certain specific information. (See Civ. Code §§1812.511, 18512.512.) Significantly, a written disclosure concerning the customer’s right to cancel must be “in immediate proximity to the space reserved for the customer's signature.” (Civ. Code §1812.511(a).) Absent such conspicuous disclosure of the cancellation policy, the customer may cancel the contract altogether at any time. (Ibid.; Civ. Code §1812.523(c).)

I never saw any written contract from Legal Authority; I certainly did not sign one. If you believe I am mistaken, please kindly provide me with a copy of the written contract which both (1) complies with relevant statutes and (2) bears my written signature. In the meantime, I am forced once again to notify you of my full cancellation/avoidance of the purported contract (which is unenforceable, in any event). (Civ. Code §1812.523(c).)

Additionally, several of Legal Authority’s practices are patently illegal. For example, a copy of Legal Authority’s fee schedule must be provided to the customer “prior to the customer being interviewed by a counselor, agent, or employee.” (Civ. Code §1812.512(a)(1).) My first contact with Legal Authority was a telephonic interview with [name] of Legal Authority. I did not receive a copy of Legal Authority’s fee schedule; certainly, I did not receive such a copy prior to the initial interview(s) of May 8/9, 2007.

Furthermore, California Civil Code section 1812.512(c) makes it illegal for an employment counseling service to “accept, directly or indirectly, a registration fee of any kind.” (Civ. Code §1812.512(c).) Legal Authority’s one-time non-refundable membership fee in the amount of $195 therefore amounts to an illegal “registration fee.” (Ibid.; Civ. Code §1812.501(k).)

Finally, California Civil Code section 1812.513(b) prohibits fraudulent or deceptive ads. To cite just one example, Legal Authority blatantly concealed the purported term that makes the fee for employer contacts non-refundable. In the e-mail that induced my order , the $195 Fee is described as “This non-refundable fee” and the Per Employer Fee is set apart and described as “This fee”. Clearly, Legal Authority intentionally concealed the fact that it intended the Per Employer Fee to be non-refundable as well.

Statutory violations are subject to treble damages, fees and costs, and, where applicable, punitive damages as well. (Civ. Code §1812.523(d).)

4. Even if an enforceable contract were formed (which it was not), Legal Authority materially breached the purported terms, in any event.

Although the code is clear that no enforceable contract existed or exists between Legal Authority and me, [name], Legal Authority materially breached the purported terms of that purported contract (which is void and unenforceable, in any event). This is hardly surprising, as it fits into the pattern of inattention and incompetence outlined above, which pattern likewise corresponds with Legal Authority’s “F” rating from the Better Business Bureau.

Soon after my initial interview and purported enrollment with Legal Authority, I received several enthusiastic e-mails entitled, for example, “We’re Working Hard for You!”. That particular e-mail informed me that writers and editors were already revising my resume and cover letter. I later learned that this representation was completely false. In fact, nobody was working hard for me at all due to problems that existed entirely on Legal Authority’s end.

After nearly two weeks and many repeated attempts to contact Legal Authority, I was informed that Legal Authority’s customer service agent, with whom I had been directed to correspond, “no longer works for the company”, and that work on my papers had not yet begun. I did not receive drafts of my resume or cover letter within the advertised period of 5-10 business days, and several of my attempted contacts with customer service were not answered within the advertised period of 1-2 business days. “Dean” of your company has acknowledged these breaches to me in our telephone conversations; in refusing to negotiate or compromise, he insisted that the above breaches do not excuse payment for the full amount.

Additionally, despite Legal Authority’s express satisfaction guarantee , I was anything but satisfied by the work of Legal Authority’s editors, billed as “professional experts who specialize only in legal resumes.” On first glance at my butchered cover letter, I noticed fundamental writing errors including a split infinitive and a run-on sentence. Beginning sentences with dangling modifiers, the writing style is also extremely awkward and unprofessional. [sic]

Suspending arguendo the reality that such contract is void and illegal, Legal Authority breached their own contract, and refused to honor their express satisfaction guarantee. Even if the void contract in question were somehow enforceable (which it is not), I believe I would have a legitimate basis for nonpayment due to multiple breaches by Legal Authority, in any event.

5. Conclusion.

This letter, being both notarized and certified upon your receipt, will be my final attempt to contact you. If you still believe that you are due any payment from me, please address all the issues raised above. Because the California Civil Code expressly (1) renders void any purported contract between Legal Authority and me, [name]; and (2) provides for the civil recovery of treble damages, fees and costs, and punitive damages, I must therefore expressly reserve any and all rights and remedies I may have as against Legal Authority. (Civ. Code §1812.523(d).)

Sincerely,



[Name], Attorney at Law
California Bar Number #

Cc: [Name], Assistant Dean, Career Development, [alma mater] School of Law
Cc: Better Business Bureau (Complaint # )

Monday, November 19, 2007

Wisconsin Attorney: Epilogue

Our Wisconsinite heroine informs me that the audience of her meticulous correspondences, Harrison Barnes, the mastermind of Legal Authority, never responded.

She pursued various avenues including the Better Business Bureau and the California Attorney General's Office. Ultimately, she received help from her stronger big brother (i.e., her credit card company) who successfully fought off the mean bully that is Legal Authority. Yes, she successfully challenged the charge to her credit card as a fraudulent transaction.

***

Comments, including other experiences, are welcome.

Wisconsin Attorney's Letter #2

If you manage somehow to survive phases one and two-- customer service and the torturous editing process-- you then get to look forward to receiving erroneous or incomplete contact information for potential employers. (Personally identifying information has been redacted for privacy.)

***

[Date

[Legal Authority Customer]

Harrison Barnes, CEO
Juriscape
175 South Lake Avenue
Suite 200
Pasadena, CA 91101

Re: Legal Authority Research Findings

Dear Mr. Barnes:

As a follow-up to my letter of [Date], in which I explained to you my extreme dissatisfaction with the materials I received from Legal Authority earlier this week, I thought I would share with you the results of a portion of the research I conducted today.

As I mentioned in my previous letter, I received contacts for DC, MN, IL and WI.
I have attempted to verify the names of the contacts and companies provided, and to find the names of General Counsel contacts if possible. The latter was done in light of your representation on legalauthority.com that, “many companies keep the name of the general counsel and or lead HR executive confidential, for obvious reasons. In the event we are unable to determine the identity of such individuals, we direct the mailing to the most senior decision maker at the company.” Thus, I interpreted the absence of a General Counsel or legal officer contact as an assertion by Legal Authority that that name was not readily available.

Of the 38 contacts I received for DC, 21 were erroneous in some way. Specifically:

1. AARP: William D. Novelli, CEO provided as contact. Joan S. Wise is the General Counsel and is listed on the AARP website.
2. American Dental Education Association: Frank A. Catalanotto provided as contact. Mr. Catalanotto was the President no fewer than two Presidents ago.
3. Black Entertainment Television: Debra L. Lee provided as contact. Ms. Lee is Chairman and CEO, but Byron Marchant is General Counsel.
4. Cogent Communications Group, Inc.: David Schaeffer provided as contact. Mr. Schaeffer is Chairman and CEO, but Robert Beury, Jr. serves as Vice President, General Counsel and Assistant Secretary.
5. Corporation for Public Broadcasting: Patricia S. Harrison provided as contact. Her actual name is Patricia de Stacy Harrison and she is the President and CEO. Westwood Smithers, Jr. is the Senior VP and General Counsel.
6. Danaher Corporation: H. Lawrence Culp provided as contact. H. Lawrence Culp, Jr. is the President and CEO. Jonathan P. Graham is Senior Vice President and General Counsel.
7. Hanley-Wood, LLC: Michael Wood provided as contact. The company’s proper name is Hanley Wood, LLC (no hypen). Mr. Wood left his position as CEO in 2005 and is now the Ambassador to Sweden. Frank Anton is the current CEO.
8. InPhonic, Inc.: David A. Steinberg provided as contact. Mr. Steinberg is the CEO. Walter W. Leach III is General Counsel and Secretary.
9. Liquidity Services, Inc.: William P. Angrick provided as contact. William P. Angrick III is the Chairman and CEO. James E. Williams is Vice President, General Counsel, and Secretary.
10. National Aeronautics and Space Administration is a government agency and my cover letter is applicable only to “a corporate client.”
11. National Geographic Society: John M. Fahey provided as contact. John M. Fahey, Jr. is the President and CEO.
12. National Journal Group: John Fox Sullivan provided as contact. Mr. Sullivan is now the President of Atlantic Monthly. Suzanne Clark is the President of the National Journal Group.
13. Reusch International, Inc.: Thomas P. Staudt provided as contact. Mr. Staudt is the President and CEO. David R. Fontaine is the EVP, General Counsel, and Chief Administrative Officer.
14. Smithsonian Institution: Lawrence M. Small provided as contact. Mr. Small is the Secretary of the Smithsonian Institution. If I were to modify my cover letter to apply in this situation, I would submit it to John E. Heurta, the General Counsel.
15. The John F. Kennedy Center for the Performing Arts: Michael M. Kaiser provided as contact. If I were to modify my cover letter to apply to the Kennedy Center, I would send it to Maria Kersten, the General Counsel.
16. The Washington Post Company: Donald E. Graham provided as contact. Mr. Graham is the CEO and Chairman of the Board. Veronica Dillon is the VP, General Counsel and Corporate Secretary.
17. United States Department of Defense: Donald Rumsfeld provided as contact. I discussed this in my letter to you of January 10, 2007.
18. U.S. News & World Report, L.P.: Fred Drasner provided as contact. Mr. Drasner relinquished his CEO title in 1998. William D.Holiber is the current President.
19. United Press International, Inc.: Chung Hwan Kwak provided as contact. Mr. Hwan Kwak is the Chairman and President. Nicholas Chiaia is the COO and General Counsel.
20. Washington Nationals: Tony Tavares provided as contact. Mr. Tavares announced in May of 2006 that he would resign as President. The current President is Stanley H. Kasten.
21. Washington Sports & Entertainment, LP: Susan O’Malley provided as contact. Ms. O’Malley is the current President. The issue is that the next entry provided was the Washington Wizards, with Abe Pollin provided as a contact. The Washington Wizards are owned by Washington Sports & Entertainment and Mr. Pollin is the Chairman of Washington Sports & Entertainment. There is only one contact here.


My evaluation of the Minnesota and Wisconsin information has yielded similar results, which I am happy to share with you if you would find it instructive. I have yet to complete a review of the 300 contacts I received in Illinois. All of my research was done on my nearly 6-year-old computer using nothing but free, publicly available information. I expect your staff has superior resources at its disposal.

As you can imagine, I am angry, disappointed, and frustrated. The service you advertise was intended to obviate the need for precisely the type of work I am doing now. I struggle to see the value added Legal Authority has provided me. Instead, I have lost valuable time and money in reliance on an organization that had assured me significant, high-quality assistance with my job search.

I await your prompt response to my now two letters in order that we can work together to reach some resolution. I will continue to contact your office until I receive a response.

Thank you for your consideration.


Sincerely,

[Legal Authority Customer]

A Wisconsin Attorney's Experience

I have been contacted via this website by a Wisconsinite attorney who described to me her Legal Authority nightmare. She descended further into the Legal Authority maelstrom than did I, and somehow survived—truly an amazing feat of endurance!

I will be publishing at this website her letters to Legal Authority, with her kind permission. Personally identifying information will be redacted, of course, in the interests of privacy. :)

Both of us are sharing our negative experiences regarding Legal Authority in the hope that future lawyers will be forewarned about this F-rated company.

***

I welcome feedback in the comments. You are welcome to share your experiences with Legal Authority, whether positive or negative.