<p>If a lawyer were to threaten legal action on behalf of his or her client, how would he go about doing it? What language, and what format, would he or she use in an initial letter? What would be a reasonable period of time to say one is waiting for a response before taking further action?</p>
<p>Thanks. :)</p>
<p>So are you going to impersonate a lawyer or are you trying to determine if proper protocol was followed in a letter you received?</p>
<p>I’m going to impersonate a lawyer.</p>
<p>Just to let you know…</p>
<p>I am trying to get money out of someone, but it’s not a scam: it’s an anti-scam. My dad was tricked by a fake literary agency and sent them money to get his book published. I thought it was worth a shot to write an official-sounding letter threatening legal action, if I can find a way out of technically claiming to be an attorney.</p>
<p>I did look this up on-line, and I was under the impression that it’s illegal to impersonate a lawyer only if you engage in fraud or swindling. I am absolutely not going to do that.</p>
<p>You think that you are going to scam a scammer? I think you will find little success. There are other ways for your father to seek remedy.</p>
<p>You’re probably right, but it’s worth it to me to try anyway. A literary scam agency doesn’t just take someone’s money, it takes their hope. As a writer, I find that appalling. And yes, my father is trying other methods.</p>
<p>Of course, if I find evidence that it’s illegal to impersonate a lawyer no matter what you do, I’ll desist, obviously.</p>
<p>Attorneys print their demand letters on letterhead that identifies them as attorneys. </p>
<p>It’s a crime in the state where I practice to engage in the unlicensed practice of law. I’d be surprised if there were a state where that is not the case.</p>
<p>Real scam artists are rarely intimidated by letters from actual attorneys, by the way.</p>
<p>Better to write a strong letter, suggesting you will seek legal remedies. STILL, since you are dealing with thiefs, they won’t be intimidated. I’d get all the facts from a true attorney, before showing my hand. Its possible your FA missed something in the small print. I don’t think your letter would help, but rather hurt.
Many times I’ve had lawyers review letters for me before sending them off, just so I don’t put anything in writing that I may regret when the next letter is done on the attorney’s letterhead.</p>
<p>Contact your state’s bar assocation and ask if they have a lawyer’s referral service. Typically lawyers participating in the lawyer’s referral service will accept a reduced fee for the first half hour of consultation which may include drafting a demand letter. If you impersonate a lawyer, you will likely end up paying a lawyer a hugh amount of money to defend you in criminal court to keep you out of jail.</p>
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<p>That seems kind of odd. Is there an exception when you’re representing yourself? You can represent yourself in court- or do they not care what you do, since you’re already in enough trouble?</p>
<p>Well, sometime, this will happen, and I’ll have to stick up for myself. So I’ll write the letter, not from an attorney’s standpoint, but in the strongest terms possible. But I won’t send it, since that seems to be illegal. Instead, I’ll draft a letter to the larger writing databases and fanfiction sites, especially those that attract teenagers, asking if they can advise their members not to use this agency. This will be more productive.</p>
<p>And, for the record, if anyone is trying to get something published, the agency in question is known as the Christian Literary Agency, which is a subsidiary of the Literary Agency Group. Both are associated with the Stylus Literary Agency, recently known as the ST Literary Agency. Also affiliated are the Children’s Literary Agency, the Poets Literary Agency, the New York Literary Agency, and Writers Literary. They’re all scams, so avoid them if you’re a prospective writer.</p>
<p>Thanks for the legal information. 
In retrospect, it seems like a stupid thing to do, but I didn’t know it was illegal. So thanks for telling me.</p>
<p>Are you willing to say anymore about what this publislher did to victimize you father…I can tell you are angry. I can tell that your father has been hurt.</p>
<p>Yes, I’m willing to say more, though my father would be in a better position to rant- I mean talk- about it than I. If he had the time, he’d probably try and file a class-action lawsuit. The thing is, it’s not a suable offense- I don’t think the “agency” technically did anything illegal. They just misrepresented themselves and didn’t represent the book. Since it’s not a suable offense, pro se representation would be a moot point.</p>
<p>Unfortunately, another writer we know is also involved in this organization, but they haven’t asked her for money, so she’s waiting and seeing.</p>
<p>Sorry for the bad circumstances.</p>
<p>Thanks. :)</p>
<p>There are a lot of “subsidy publishers”, aka “vanity presses,” that masquerade as literary agencies. They review your manuscript, pronounce it suitable for publication, but alas it won’t fit with various established publishers, how about publishing it yourself and you get to keep all the profits? Never a word that there is no distribution channel from vanity presses to stores, stores won’t carry vanity press publications, etc. It’s a cruel hoax that feeds on the desire to get published at any cost. And while they don’t charge quite that high, costs can mount up and you will never re-coup them.</p>
<p>I hate to say it but there are some legitimate agencies that do charge reading fees. They get so much “slush” that they subcontract to first readers who will give a largely boilerplate critique of the work. I’ve known people who have worked in NYC editorial positions and anything coming in “over the transom” as slush is extremely unlikely to be worth a second look…but they do it anyway, because you never know. The odds are thousands to one against. The slush gets so high that sometimes the bright teen and pre-teen kids of editors will act as first readers, helping Mom or Dad at the office, reading manuscripts and attatching the appropriate form letter in the return envelope. Most earnest writers would be appalled at how little time is spent on a manuscript. </p>
<p>With slush, I can tell within 90 seconds if something is worth a thorough read. Within 10 minutes, if the story merits it, I can tell someone why the story or first 50 pages of novel does or doesn’t work. It’s depressing. Can’t let it stop you.</p>
<p>Willow, writing an angry, ranting letter is not going to do much good, and posing as a lawyer may mess up your dad’s chances in a real law suit. </p>
<p>Check this web site so your father doesn’t get burned in the future:
<a href=“http://www.sfwa.org/beware/agents.html[/url]”>http://www.sfwa.org/beware/agents.html</a></p>
<p>Also check out this forum entry:
<a href=“http://www.absolutewrite.com/forums/showthread.php?t=13514[/url]”>http://www.absolutewrite.com/forums/showthread.php?t=13514</a></p>
<p>I think you would do better to try to network with others who have had problems with the same scam agency and perhaps join forces – or at least get advice from them – rather than risking making things worse with something you write.</p>
<p>A letter to your State Attorney General’s office, Dept. of Consumer Affairs, might be a better way to make your complaint count.</p>
<p>Willow,</p>
<p>Representing yourself in court isn’t considered to be practicing law. (It’s usually not considered to be practicing good judgment, either, but that’s another matter.)</p>
<p>Near the bottom of the site calmom mentioned is the email address of writer beware. You might email them. At the very least, it will warn other writers to stay away. </p>
<p>I feel badly for your dad–this happens so many times to a lot of writers. I hope he doesn’t give up because of this experience. A good agent (or editor) is worth their weight in gold!</p>