Due to our SEO efforts, it is not uncommon for potential clients to call us multiple times about the same case. They don’t keep notes, so they don’t have any record of who they have called. They just move to the next Google search result, and start dialing.
I have no problem with that. In fact, I find it interesting because it gives me insight into the way potential clients look for attorneys. I’ll tell a client that they can’t pursue a defamation case because they are years past the statute of limitations, and then they will call back, thinking they are talking to a new attorney, and will change the facts about when they learned of the defamation.
But what I find really curious is how hard some will argue that they have never spoken to me previously. We just spoke five minutes ago, but out of embarrassment or whatever, they will deny it. Today’s call was one of the more extreme examples (with the facts altered to protect privacy).
Ring, ring.
“Morris and Stone, this is Aaron Morris. How can I help you?”
“Do you do defamation cases? I was fired because someone lied about me.”
“Yes. That is our primary practice area. Defamation always comes down to what was said or published. We can work our way back to the details, but try to start with what was said.”
“Excellent. My name is Jake Johnson. I lost my job because someone falsely accused me of pulling a gun on them.”
“Ahhh. I thought I recognized your name when it came up on caller ID, Mr. Johnson. We already spoke at length about a week ago.”
“No, that wasn’t me.”
“Anything is possible I guess. Did you work for the water department?”
“Yes, but we’ve never spoken. This is my first call to any attorney.”
“An amazing coincidence. This other guy from a water company drives a Range Rover. Do you drive a Range Rover?”
“Yes, but lots of people drive Range Rovers.”
“That was an important fact in his case, because the rear gate swings sideways and not down. This other guy from the water company has a concealed carry permit, and since he is not permitted to take his gun into a city building, his routine is to go to the rear of his vehicle, swing open the rear gate, and use the concealment of the rear gate to remove his gun from the holster and place it into a lock box. That was the routine he was following on this particular occasion, but the difference was that he had just had a huge shouting match with someone else over a parking space. The witness said that the other water company guy had brandished his gun, and that’s what he reported to the police. But the other water company guy said he had done no such thing. He had taken out his gun to store it, but the other guy could not have possible seen him do that because his waistband was concealed by the gate. The water company ended up terminating him over this incident in the parking lot. He wanted to sue the other guy for defamation for what he had reported to the police. Was your fact pattern anything like this?”
“That’s exactly what happened, but I never called you.”
“Well then I can only tell you what I told the other guy. You can’t sue someone for what they say to the police. I sent the other guy an article that explains privileges and why reports to the police are protected. Would you like me to send you that article?”
“I read your article. That’s where I got your contact information from.”
“OK. Read that article carefully. It explains why you cannot sue for a report to the police. After you read it, if you still have any questions, feel free to give me a call.”
“I’ll do that. Thanks for your time. This is totally weird though. This must happen to a lot of people, because I have never called you.”
“That must be the case. So weird.”