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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I need advice on I guess is what is turning into a legal issue Back

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I need advice on I guess is what is turning into a legal issue Back Story: Im a makeup artist. I had scheduled a shoot with a photographer. The models I had booked, all bailed on me. I guess because lack of communication on my part. I told the photographer the day of the shoot, that i had no models, but would be willing to model in place of them. She said it was fine since she was planning on scouting at the location anyways. Well when I tried to find the location she was at, I could not find her at all. Called several times, when i asked her if she could give me a location or a landmark she could not. I called one final time and she did not answer, so I turned around and went home after 30 minutes of looking for her. So the next day, I had a nasty comment of my model mayhem account (where i network with people) and on her port she was saying nasty things about me. The moderators of the page made her take it down. But now she is harrassing me about how I need to apologize to her. and if I dont she will take me to court for travel expenses. We had no contract, and i did try to find her. I am liable for this? she is legit harrasing me!! This was not a paid shoot, and I was doing it for free here is some of our conversation ME***** For you to write that nasty comment on my page was disgusting!! I called you several times trying to find you guys yesterday and drove 30 minutes!! I called you when I was at the bridge and you did not answer. I've never missed a shoot or been late. I am sorry that we were not able to connect but I did TRY. Then for you to say those things, bad mouth me like that is ridiculous and unprofessional. All my models bailed on me, and I informed you of that. You could not give me any sort of direction than you were at the bridge in Chesapeake which there are several. I'm glad I didn't work with you!! You seen like a complete bitch and totally unfair!!! HER***** We drove for 3 HOURS - 6 If You COUNT BOTH WAYS you didnt call, didnt show Your models told me you didnt communicate well with them I did not namecall you I simply stated and still maintain you are unprofessional Because you are just that. Still blaming everything else. Own up already. I gave you the benefit of the doubt you blew it. Thats on you. You can call me a bitch all you want its not going to.fix your screw up. I harbor no ill will towards you but you blacklisted yourself when you acted the way you did. My agent is from Va Beach its already done ( I did call her a bitch, because she wrote those nasty things about me) ME********** And I never blamed my models. Yes they did not show and that could have been my fault on poor communication. Get your information right HER***** You really don't know me. Put what you want, my industry references are straight. I have a 100% show up, on time, with everyone, I have ever worked with. EVER. You are welcome to put your version of events, but please know if you lie, I will sue to for slander, and I can because I have video and 3 witnesses including the random people on the beach we photographed that do not know you, but saw me out there all afternoon. I showed up, you didn't. Simple as that. You should be apologizing but since you are not, screw you. You think I was bashing you, no.... lol, I find you comical actually, your audacity is amazing. My agent wanted to "bash you", but I called him off on account you are young. My bite is way worse than my bark, and I do not bluff. If you want an enemy, try me. ME********* That's funny about the slander thing! Cause I've already contacted my dad who is a VERY good lawyer. You clearly lied on your page when saying I never called you. Which I did while I was at chicks beach trying to find you. Or so you not remeber talking to me SEVERAL times..And you could not give me proper directions. That's YOUR fault not mine sweetie... I did in fact apologize for not being able to connect but that's it. Get of your high horse. You don't scare me one bit... Like I said my dad is a phenomenal lawyer and if you want to bash me on your page feel free. It just makes you look unprofessional and childish.. and I have NO problems suing you. And I am not going to stoop to your level of cattiness. It really makes you look stupid. And my barn is just as bad sweetheart. You don't intimidate me for one moment. Lesson learned! Don't work with airheads who can't give proper direction! Lots of love :) ( my dad is a lawyer in VT so he is no help here in VA where this is happening)
HER*****
Tell him to call me, I used to work for Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith.
Note I am giving you a name, I have nothing to hide. Send me a number - glad to talk to him.

My agent's last client was Lupe Fiasco, what kind of lawyers do you suspect we have on retainer?

I was in international hedge funds, before I became a photographer.
I quit and did a year of charity work as co-chair of human concerns for the Catholic Church.

There literally are tons of witnesses to the whole thing and 2 of your models, said you dropped the ball and I suspect the third will also say the same.
I am not bluffing, I have records. I have a video, of the whole day at the beach.
I'm not trying to scare you. My number is XXX-XXX-XXXX.

My assistant had the phone by her side and I had her check it constantly. My records show calling you several times.

I will be glad to talk to him. Give him the email and MM chain too. Let him see the full details.
ME*******
And which models were these? I'd like to ask them myself!
And I will forward all your information to my father.
Like I said hunny YOU DON'T SCARE ME
HER********
Clearly this is not fair to you. Have your Daddy call me, I'd love to deal with an actual adult.
I suspect he won't though. Send his number, I'll call him.

You haven't been able to back up a single word out of your mouth this far, so I'd appreciate the nice surprise of him calling.

I am sure the poor man, if he is a lawyer, or even exists, has had to suffer, before with cleaning up your miserable mistakes.

The model statements are now evidence, so I will not share them with you.

I am here, tell him to call. I am available right now.
As of this moment, I am considering this a legal matter.

I am ceasing all communication with you. Have your lawyer or legal representative to call me.

Otherwise do not contact me again.


Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.
Hi,

Wow! What a terrible row!

From a third party legal perspective, there does not seem to be much legal action either of you can take against each other at this time.

Any agreement you had between each other was oral, and the terms seem to be so undefined that it is unlikely there would be a contract. So there is not really a breach of contract claim between you two.

As for a defamation claim, remember the definition: Defamation is a printed or verbal statement of untrue facts which tend to damage the reputation of a person who is the subject of the statement and does in fact cause damage. In this case, its hard to see an actionable defamatory statement in what you've printed. If she has said something like accusing you of being "unprofessional" on your website, you could potentially take action, but unless you can show that you lost business as a result of her statements, then it is not a good claim. Also, her opinion that you are unprofessional falls into a grey area, in that it is an opinion of a colleague and not really a statement of fact which can be proved or disproved. So, I am of the opinion that this isn't a strong enough statement to use as defamation. Now, if she goes around bad mouthing you by telling lies, and you can get the evidence that she did so and show that it has caused you to lose business, then you might have a case.

Please let me know if this answers your questions.

Best Regards,
Zachary D. Norris
Customer: replied 2 years ago.
here is the whole converstaion. and i will show you the picture i have where she bad mouthed me on her website. how can i upload that?

ME*****
For you to write that nasty comment on my page was disgusting!! I called you several times trying to find you guys yesterday and drove 30 minutes!! I called you when I was at the bridge and you did not answer. I've never missed a shoot or been late. I am sorry that we were not able to connect but I did TRY. Then for you to say those things, bad mouth me like that is ridiculous and unprofessional. All my models bailed on me, and I informed you of that. You could not give me any sort of direction than you were at the bridge in Chesapeake which there are several. I'm glad I didn't work with you!! You seen like a complete bitch and totally unfair!!!
HER*****
We drove for 3 HOURS - 6 If You COUNT BOTH WAYS you didnt call, didnt show Your models told me you didnt communicate well with them I did not namecall you I simply stated and still maintain you are unprofessional Because you are just that. Still blaming everything else. Own up already. I gave you the benefit of the doubt you blew it. Thats on you. You can call me a bitch all you want its not going to.fix your screw up. I harbor no ill will towards you but you blacklisted yourself when you acted the way you did. My agent is from Va Beach its already done
( I did call her a bitch, because she wrote those nasty things about me)
ME**********
And I never blamed my models. Yes they did not show and that could have been my fault on poor communication. Get your information right
HER*****
You really don't know me. Put what you want, my industry references are straight. I have a 100% show up, on time, with everyone, I have ever worked with. EVER. You are welcome to put your version of events, but please know if you lie, I will sue to for slander, and I can because I have video and 3 witnesses including the random people on the beach we photographed that do not know you, but saw me out there all afternoon. I showed up, you didn't. Simple as that. You should be apologizing but since you are not, screw you. You think I was bashing you, no.... lol, I find you comical actually, your audacity is amazing. My agent wanted to "bash you", but I called him off on account you are young. My bite is way worse than my bark, and I do not bluff. If you want an enemy, try me.
ME*********
That's funny about the slander thing! Cause I've already contacted my dad who is a VERY good lawyer. You clearly lied on your page when saying I never called you. Which I did while I was at chicks beach trying to find you. Or so you not remeber talking to me SEVERAL times..And you could not give me proper directions. That's YOUR fault not mine sweetie... I did in fact apologize for not being able to connect but that's it. Get of your high horse. You don't scare me one bit... Like I said my dad is a phenomenal lawyer and if you want to bash me on your page feel free. It just makes you look unprofessional and childish.. and I have NO problems suing you. And I am not going to stoop to your level of cattiness. It really makes you look stupid. And my barn is just as bad sweetheart. You don't intimidate me for one moment. Lesson learned! Don't work with airheads who can't give proper direction! Lots of love :)
( my dad is a lawyer in VT so he is no help here in VA where this is happening)
HER*****
Tell him to call me, I used to work for Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith.Note I am giving you a name, I have nothing to hide. Send me a number - glad to talk to him.My agent's last client was Lupe Fiasco, what kind of lawyers do you suspect we have on retainer?I was in international hedge funds, before I became a photographer.I quit and did a year of charity work as co-chair of human concerns for the Catholic Church.There literally are tons of witnesses to the whole thing and 2 of your models, said you dropped the ball and I suspect the third will also say the same.I am not bluffing, I have records. I have a video, of the whole day at the beach.I'm not trying to scare you. My number is XXXXX assistant had the phone by her side and I had her check it constantly. My records show calling you several times. I will be glad to talk to him. Give him the email and MM chain too. Let him see the full details.
ME*******
And which models were these? I'd like to ask them myself! And I will forward all your information to my father.Like I said hunny YOU DON'T SCARE ME
HER********
Clearly this is not fair to you. Have your Daddy call me, I'd love to deal with an actual adult.I suspect he won't though. Send his number, I'll call him. You haven't been able to back up a single word out of your mouth this far, so I'd appreciate the nice surprise of him calling.I am sure the poor man, if he is a lawyer, or even exists, has had to suffer, before with cleaning up your miserable mistakes.The model statements are now evidence, so I will not share them with you.I am here, tell him to call. I am available right now.As of this moment, I am considering this a legal matter.I am ceasing all communication with you. Have your lawyer or legal representative to call me.Otherwise do not contact me again.
SO I DID NO CONTACT HER AGAIN... until tonight I got this!
HER****
Sooooo where's the call?
ME********
Clearly I'm moving on with my life. So should you! I don't care to have this negative stuff in my life! You should do the same!
HER************
If you want to clean the negativity from your life than you should give me and my team one hell of an actual sincere apology.You didn't just offend me, you offended three other people.You could have offered to at least cover our travel expense, not that I would accepted, but you didn't even make one decent gesture. The cost of bad karma is severe. I think you should have your lawyer to call me or offer up a real apology.You are going to stand by one thing you say or I am going to see you in court because my word is my bond.
ME*********
On what grounds do you think you can sue me on? We had no contract what so ever. I already apologized for not being able to find you. But that's it. Get over it and move on! Holy crap lady!!!!And take me to court. I'll wait To be served with papers until the. Do not contact meThank you!
HER********
Where is your Dad liar?I don't need a contract to sue you, you would know that if your Dad was indeed a lawyer.All I need in this state is $30 and a willful determination.It's really easy to screw someone over and tell them to get over it, so no, you gotta go to court.It's about principal now, you are still being rude and I don't have to put up with that.So you can waste a lot more time than I did at the beach dealing with my lawyers.And unlike your Dad, they are real.Either way sworn testimony will be great for the public record. Just not for you.The summons will come to your address. My dad spent 13 years in prison, unlike your lawyer Daddy, and he taught me one valuable lesson.Don't write a check with your mouth, that your ass can't cash. Before this is over you are going to humble up or face me in court. Take your pick.I havent said anything since then..
Expert:  Zachary replied 2 years ago.
Hi,

Based on the facts you stated, your opponent has not stated a claim on which she could sue under the law. There was no contract that I can see, and if there was, it was frustrated because of bad communication as to the site of performance. Thus, no contractual action would likely be allowed in the court.

If she does sue, you should counter-sue for defamation. A lot of times people will scream and holler that they are going to sue, but when they get down to it and talk to a lawyer, the lawyer will either tell them they don't have a case, or they will back down because they don't want to pay the attorney fees.

A person in your shoes should avoid any and all contact with the other party. Don't write anything else or communicate any further with the person. Most likely, she will go away after she calms down.

Best of Luck,
Zachary D. Norris
Customer: replied 2 years ago.
http://www.flickr.com/photos/68763076@N03/7373835042/

very bottom she says the stuff about me. where alot of people could see. And she had left a REALLY disturbing comment on my page, but i immediately deleted.

So i will keep you updated. If she does try to sue though i can counter sue for what she wrote about me?
Expert:  Zachary replied 2 years ago.
I don't think you have a strong defamation case. However, if she does sue, I would recommend countersuing for defamation just to give you some ammunition against her. What she is saying it technically a lie since you did call her and spoke to her. You should go ahead and gather your telephone records to prove that you did have conversations with her.

You also need to ask around to see if you have lost any business as a result of her statements.

Please keep me updated. In the meantime, if you accept my answer, I will get credit for my work, and we can always continue chatting.

Best of luck,
Zachary D. Norris
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience: Lead trial/International commercial attorney licensed 11 yrs
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