Friday, July 30, 2010

Lawfare Can Cut Both Ways

UPDATE:Looks like there is lawsuit software out there for specialized niches like debt collection (from the New York Times, 12 July 2010):

...Collection law firms are able to handle such large volumes of cases because computer software automates much of their work. Typically, a debt buyer sends a law firm an electronic database that contains various data about consumers, including name, home address, the outstanding balance, the date of default and whether interest is still accruing on the account...

BEGIN ORIGINAL POST: The concept of lawfare (unrestricted law warfare) is generally associated with prosecutors in Country A going after people in Country B in retribution for some real or imagined offense that Country A thinks it can get away with as a pretense. More examples close to home are the strongarm tactics of various large corporate persons who impose their will on farmers who try to use heirloom seeds on a large scale or on small businesses who become too competitive - the large corporate persons file extensive lawsuits with an effort to bankrupt opponents.

Well, it can cut both ways. Check out this filing that is attempting to use RICO to go after a major servicer for mortgage companies (h/t Karl Denninger):

CLASS ACTION FILED| Figueroa v. Law Offices Of David J. Stern, P.A. and MERSCORP, Inc.

This is quite intriguing. On the surface it probably is just a law firm looking to shake down a potentially big client via a settlement, or to make a name for themselves in trying to take down these giants. Lawfare turned on the elites. Sounds like hours of fun for the whole family, especially in an era where we shift to net negative mood with all the attendant friction and anger.

Let's take this a step further. We are not only in an era of net negative mood that will only get worse (in my opinion), we are also in an era where everything from law journals to legal forms are all digitized. How difficult would it be to write various scripts to crank out lawsuits against corporate persons as part of an insurgent lawfare campaign? One key issue is the legal fees associated with the research it takes to fight against a huge legal spam attack dropped on a "small fry" by a corporate person's law team. If we have software based on contextual keyword searches and can combine it with something like the engine in White Smoke Writer, you could enable inexperienced lawyers to create lawsuits or fight back against them with immense digital leverage.

If things get as bad as I think they will, then we might need this kind of tool in the near future. When an ecosystem contracts, dominant species will fight to keep their niches in place instead of adapt. After watching the Fed allowing the pillaging of the American Taxpayer by banksters via TARP (and the many other country cousins put into place in 2008) and then watch as BP, plc was allowed to lie repeatedly in response to their spill in the Gulf and watch them deploy mercenaries on U.S. soil to clamp down on media coverage of the disaster they caused, I can only imagine things will get worse as corporate persons get more blatant in their manipulations of the existing system to retain their privileges, power and money. We need a hack to exploit this system for all it is worth. Something co-ops or small farmers or off-the-grid prepper communities could leverage to at least buy time and chew up billable hours that the corporate persons must pay. Of course, they would just buy or make their own software in response, but then we get to a Mutually Assured Destruction type of situation - which might be the best deal we can get as the Great Collapse unfolds.

Hmmmm, this smells like a development opportunity. Something to think about.

2 comments:

Robert said...

http://www.jeffvail.net/p/litigation-checklist.html

Flagg707 said...

@Robert: Thanks for the link. Very interesting work by Jeff Vail. I'll keep on eye on it. I appreciate it.