04 June 2011 @ 02:10 pm
Today's major LOL brought to you by the epic story of a lawyer suing the Internets  
You know what can be an excellent cure for your feelings of woe? The utter stupidity of others. And when I say utter, I really mean utter.

I give thee Joseph Rakofsky. Joseph is a lawyer and recently has his first ever solo trial case. Which was declared a mistrial and he got reprimanded by the judge for his incompetence. (Including filing before the judge an e-mail asking an investigator to "trick" a witness to say she didn't see his client at the murder scene.) Ouch, right? But Joseph did not feel that to be so painful - in fact, he bragged about getting a mistrial on his Facebook, as posted about here, with screenshots and also has several of the judge's comments. Joseph also apparently at best "misrepresented" his previous experience as a lawyer, citing cases he'd worked on as an intern. The Internets were not amused and hung him out to dry.

What does Joseph do? Why, he sues everyone he could find that said something negative about him for defamation, including many blogging lawyers, the Washington Post, the American Bar Association and John Does. The suit quickly gets known as Rakofsky vs the Internet. You can read the full complaint here. Among other things, the suit claims Joseph will "require psychological treatment for the rest of his life". Yes. Because the Internets were mean to him by repeating the words a judge had already stated for the record.

One of those sued gives the following reply: I am tempted to write, in response to the suit, “Go shit in a hat and pull it down over your ears.” But that doesn’t sound very lawyerly. So I’ll say it in Latin. (...) Vade et caca in pilleum et ipse traheatur super aures tuos.

This sums the first parts up pretty well and has several links.

One of the jurors from the case that was declared a mistrial speaks.

Oh, and there's a movie. (Aaaand badges for those who've been sued.)

Recent updates with motions and affidavits.

A post that explains rather well why Rakofsky is being massively stupid.

In short, I laughed so much at all this I couched up a lot of yucky stuff and now I feel better. Yay! So thank you, Joseph Rakofsky, for entertaining me today with your laughable attempt at halting rightful criticism of what is clearly - and stated by a judge! - your incompetence. And your utter failure to understand how the Internet works, since your attempt to take it on just has made more people aware of it now. Like me, and now I make others aware too. Also, you seem to have made at least one of those you sued a bit vengeful towards you. You done stupid, Joseph. You done real stupid.

Oh, and if you should try to sue me too, Joseph - you filed in New York, and New York doesn't have cross-state pursuit of defamation suits and definitely not cross-Atlantic. (As another lawyer points out..) If you tried, you'd just further prove your incompetence, and we wouldn't want that, now would we? I mean, I'd be entertained, but you might have had enough at the massive pointing and laughing at you by now.

However, I do feel bad for the original client, who did not get the representation he should. The US, like my own Norway and much of the modern legal system, is built on everyone's right to a defence and this guy didn't get his. He will at a new trial, of course, but now he'll have a much longer wait. So will the others involved in this case.
 
 
Current Location: Norway
Current Mood: amusedamused
 
 
( 30 comments — Leave a comment )
The Bad Buddhist[info]mingsmommy on June 4th, 2011 12:58 pm (UTC)
How in the HELL did he pass the Bar? I mean, seriously? I know some really, incredibly smart people who failed the Bar...how did this guy pass in 3 lifetimes?
Camilla Sandman: Nikita/Michael - promo shot[info]misscam on June 4th, 2011 02:30 pm (UTC)
Beats me, honestly. Maybe he forgot everything right after he'd passed?
~*sassy*~: No gen#1[info]lovehotel on June 4th, 2011 12:59 pm (UTC)
A wild lolyer appears!
Camilla Sandman: LOL[info]misscam on June 4th, 2011 02:31 pm (UTC)
Most excellent timing too, I needed a good laugh.
floatingamoeba: stock: fantastic[info]floatingamoeba on June 4th, 2011 01:02 pm (UTC)
This made me smile, but I second what [info]mingsmommy said - how did he ever pass the Bar?!
Camilla Sandman: Olivia/Peter - hand!cheek!porn[info]misscam on June 4th, 2011 02:33 pm (UTC)
He hasn't been doing credit to the Bar after at least, that's for sure.
The Nat That Walks By Herself[info]evilstorm on June 4th, 2011 02:26 pm (UTC)
Sue me! Sue me! I want to see them try to figure out which country to get me in! (Trinational shuffle ftw.)
Camilla Sandman: Michael - close-up[info]misscam on June 4th, 2011 02:35 pm (UTC)
You'd have to call him incompetent or something before he'd consider it :P

But yes, that would be quite funny to see!
The Nat That Walks By Herself[info]evilstorm on June 4th, 2011 05:14 pm (UTC)
I THINK RAKOFSKY'S AN INCOMPETENT WANKER :D:D:D

*waits hopefully*
Camilla Sandman: Act like I'm stoned[info]misscam on June 4th, 2011 05:20 pm (UTC)
*waits with you*
Morgandy: Lafayette is amused[info]amichandrn on June 5th, 2011 02:08 am (UTC)
WHY IS THERE NO LIKE BUTTON?!?!?!?!?
wintergreen: sports; phillies loses[info]wintergreen126 on June 4th, 2011 02:44 pm (UTC)
i THINK the idiot is so excited about the judge declaring a mistrial because he thinks that double jeopardy kicks in. but since it was ruled so based on the conduct of the defendant's council, i'm not sure it does--i haven't taken trial law or evidence, yet--in which case, there will be a new trial.

regardless, i'm surprised that his own client hasn't sued him for malpractice or that the court didn't levy sanctions against him. now he's suing practically everyone? i really hope that a judge sanctions his lawyer. seriously.
Camilla Sandman: Lack of logic[info]misscam on June 4th, 2011 03:06 pm (UTC)
I believe you're right - one of the other lawyers talk about the client having to go back in the pretrial queue (and being incarcerated while so).

But if Rakofsky really doesn't grasp the concept of double jeopardy as a barred lawyer claiming to be fit to defend in murder trials.... Well, that says something about his competence, doesn't it?

I hope so too! Good grief.
Jocelyn: Doctor Who objection[info]jocelyncs on June 4th, 2011 05:04 pm (UTC)
Mind if I repost this? As a member of the vaunted American legal community (*snort*), I think this individual most definitely merits my uncoveted "YOU! OUT OF MY PROFESSION!" Award.
Camilla Sandman: Right sir[info]misscam on June 4th, 2011 05:19 pm (UTC)
Knock yourself out! I posted a link to this on Twitter as well, and it got retweeted by several lawyers, including at least one actually sued by Rakofsky. I think they were amused word of him had reached all the way to Norway. Power of the Internet, truly.
e.k.: bleach - orihime breaks brainz[info]ashiya on June 4th, 2011 06:10 pm (UTC)
.........he's suing the internet???? Christ Almighty, whaaaaa?!

And he's suing the American Bar Association too. Wow. This guy... the legal smackdown better'd be EPIC and televised. Shit, imagine Judge Judy being the presiding judge for this thing! XD
Camilla Sandman: Nikita/Michael - new times[info]misscam on June 4th, 2011 11:19 pm (UTC)
Oh, I'd pay good money to see Judge Judy take him on. That would be one epic smack-down.

Though if he really gets counter-sued by some of these lawyers, that might be quite epic too. I'm gonna have to keep an eye on this case to see how it develops.
It's Comin' Apart, Lad: Resolve[info]spotts1701 on June 5th, 2011 03:59 am (UTC)
Wait, he filed an e-mail that essentially showed he was willing to suborn perjury to win an acquittal? And the judge didn't hand him his head on a platter through sanctions?

Forget suing the internet. This miserable excuse for a legal professional should be preparing for his disbarment hearing. Although given his conduct, I doubt he could offer much of a defense beyond temporary insanity.
Camilla Sandman: Tigh wtf[info]misscam on June 5th, 2011 09:07 am (UTC)
Yeah, his ethics seem a little.... Off, to put it mildly. He has actually sued the American Bar Association, so I I guess them calling him out on not following ethical standards was another trauma for him.

Not sure the legal profession would miss him much as it stands right now, either. He sure ain't doing credit to it.
Cute but Carnivorous[info]visp on June 5th, 2011 05:40 am (UTC)
You seriously need to join Fandom_wank. I'm gonna feel bad about reposting all your stuff there.
Camilla Sandman: Doctor/TARDIS - 900 years[info]misscam on June 5th, 2011 09:09 am (UTC)
Oh, I have a JF account from ages back and occasionally comment there. I am just a bit lazy, I guess ;)

But really, if I post anything in public, it means I don't mind others linking to it or making their own posts about it, etc etc. So that's okay.
Cute but Carnivorous[info]visp on June 5th, 2011 06:00 pm (UTC)
Yes, but you were the one who found it and did all the research work - it feels like I'm taking credit somehow.
Camilla Sandman: Walter quote - physics is a bitch[info]misscam on June 5th, 2011 09:01 pm (UTC)
Eh, wasn't that much work - these blogging lawyers have been gathering links about it so I just used some of those and a few I found on Twitter. They seem keen on spreading the story, so most of the information was very easily found.

But hey, you can always add a "thanks to" if you really feel bad about it :P

(And did you post it somewhere? I must have missed that.)
Cute but Carnivorous[info]visp on June 6th, 2011 12:25 am (UTC)
I haven't, yet.
The Hyacinth Girl: Mood: ORLY? SRSLY?[info]fallingtowers on June 5th, 2011 08:13 am (UTC)
Is this even real?

O_O
Camilla Sandman: Nikita/Michael - silhoutte kiss[info]misscam on June 5th, 2011 09:14 am (UTC)
It most certainly is. You can even find the lawsuit in the Supreme Court of New York online records, and it's reported by a few newssites, especially legal ones. Plus a whole bunch of the sued lawyers have banded together and gotten a top lawyer who specializes in free speech vs defamation to represent them.

Rakofsky is going to get lwegally owned, oh my. (That's why I am going to keep an eye on this case and see how it goes.)
The Hyacinth Girl: Mood: Headdesk[info]fallingtowers on June 5th, 2011 09:26 am (UTC)
Sorry if it came across as though I was doubting what you said. I actually wasn't - I was just boggling at the fact that this could actually happen. This guy makes the lawyer from The Simpsons seem intelligent and professional!
Camilla Sandman: Kitten - curious[info]misscam on June 5th, 2011 02:15 pm (UTC)
Oh, I didn't read it as you were doubting me, just as you boggled at it and thus wanting to know what the sources were. As I did when a friend first told me about this.

And yeah, there's a claim to infamy if there ever was one.
Maureen Lycaon: Darth Maul[info]maureenlycaon on June 5th, 2011 04:39 pm (UTC)
This is truly incredible, classic Epic Fail. Another Internet Narcissist self-destructs in spectacular fashion.
Camilla Sandman: The Oncoming Journalist[info]misscam on June 5th, 2011 09:02 pm (UTC)
And it's still on-going! I have high hopes for more entertainment to come from this wankery.
( 30 comments — Leave a comment )