How Not to Write a Demand Letter, Roy Moore-Style
There is sloppy legal writing. There is bad legal writing. And then there's the three-page demand letter that Roy Moore's lawyer Trenton R. Garmon sent to Alabama Media Group on Tuesday.
November 15, 2017 at 09:58 PM
6 minute read
There is sloppy legal writing. There is bad legal writing. And then there's the three-page demand letter that Roy Moore's lawyer Trenton R. Garmon sent to Alabama Media Group on Tuesday.
It's … not good. As in awful.
But don't take my word. Lawyers in the Facebook group “Lawyers for Good Government” are having a field day with it. Among the 150-plus (universally catty) comments: “Had to be written by a Russian bot.” “Egad, this is a professional peer of ours!” “Can the Alabama Bar sue the attorney for defaming the Alabama Bar by touting his admission to it?”
Garmon of Garmon & Liddon (“Attorneys for the People”) in Gadsden, Alabama is threatening to file a libel suit on Moore's behalf against the publisher of AL.com. He claims that his client, who is running to fill Jeff Sessions' now-vacant U.S. Senate seat, was defamed by articles about his alleged pursuit of sexual relationships with teenage girls when he was in his 30s.
It's interesting that Moore is apparently not threatening to sue the five women who have publicly accused him of making improper advances—which is what you would expect if, as he claims, they're all lying.
A newspaper is a tougher target. As a public figure, he'd have to show actual malice, and that's a steep hill to climb.
But the letter doesn't feel like a credible threat to litigate. It feels like clumsy posturing, something for Moore's supporters to cling to in his defense, as in “Yeah he's suing those S.O.B.'s,” even if he doesn't. Indeed, the letter first surfaced on the Facebook page of conservative radio host Steve Deace.
Regardless of whether the letter leads to a lawsuit (wouldn't you love to be a fly on the wall of Roy Moore's deposition?), it is stunning that someone who passed a bar exam would write something so bad—especially when he had to have known it would be widely circulated.
The wrong-ness begins with the very first sentence, which contains a mistake better known for tripping up 3rd graders learning contractions. As in, “Our firm has been retained to represent The Foundation for Moral Law, it's President Kayla Moore and Chief Justice Roy Moore.”
It's?
And then, “This letter is provided in anticipating of our firm preparing and filing a lawsuit.”
In anticipating of?
So maybe those are typos. They happen to the best of us. (Though the “its” error is repeated later—e.g. “your company and it's interests.”)
But as the letter gets to the heart of the matter, it becomes even less coherent. (And yes, this is transcribed exactly.)
“Your client's organization has made and/or supported defaming statements. This is due to the careless and/or intentionally refused to advance the truth regarding our clients. We also believe that your client, by and through its agents, have damaged our clients by being careless in how they handle headlines and report the contextual of the allegations. Meaning your client has used terms in reports maliciously or carelessly which has falsely portraying our clients.”
It makes my head hurt.
Garmon takes issue with evidence produced by one accuser—a high school yearbook, allegedly signed by Moore. The yearbook entry “does not comport to his typical vernacular,” he wrote.
I'm not sure what that's supposed to mean. It's a yearbook entry. It doesn't comport with anyone's typical vernacular, unless you run around saying things like “Stay sweet! I'll never forget you!” and “You're 2 cool for school.”
Next Garmon cautions Alabama Media Group to preserve all evidence. If they don't, he wrote, “your client may remain responsible in a Court of law for damages caused by the failure to preserve evidence. This is often times referred to as 'Adverse Interference.'”
Hat tip to the wits of Twitter, who came back with variations of “I'm pretty sure 'Adverse Interference' is a 5 yard penalty and loss of down.” (Presumably, the word Garmon was looking for was “inference.”)
A graduate of Birmingham School of Law, Garmon describes his law practice as “an advocate for people and considers it an honor to battle major insurance companies, large corporations and other powerful people or entities on behalf of the injured or those who have lost a loved one.”
But his appeal as counsel for Moore may have more to do with other experience—according to his bio, he has a Masters in Theology, was an associate pastor at Calvary Baptist Church and an associate evangelist with Evangelism International.
In an appearance on MSNBC on Wednesday, Garmon proved he's no more adept at oral advocacy. He went on a cringe-worthy tangent about host Ali Velshi (who is Canadian, but of Indian descent) after he was asked about Moore getting permission from the teens' mothers to date their daughters.
“I looked up Ali's background there, and wow that's awesome that you have got such a diverse background. That's really cool to read through that,” Garmon said.
Co-host Stephanie Ruhle shot back, “What does Ali's background have to do with dating a 14-year-old?”
“In other countries, there's arrangement through parents for what we would refer to as consensual marriage,” Garmon said.
“Ali's from Canada,” Ruhle said.
Velshi added, “I don't know where you're going with this, Trent.”
Suffice to say Alabama Media Group, which is represented by Lightfoot Franklin White in Birmingham, doesn't sound too scared of being sued.
“Roy Moore seeks election to the United States Senate. As such a public figure, he merits and can expect intense scrutiny by the electorate and the media on its behalf, including by Alabama Media Group, the state's largest media outlet,” Michelle Holmes, vice president of content for Alabama Media Group, said Wednesday in a statement. “We stand behind our past reporting on Roy Moore, and vow to continue to doggedly pursue the truth on behalf of the people of Alabama. These threats will not silence us, and they will not slow us.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllA Reporter and a Mayor: Behind the Scenes During the Eric Adams Indictment News Cycle
Of Predictive Analytics and Robots: A First-Year Federal Judge's Thoughts on AI
A Hearing Grappling With Tom Girardi's Memory Sends the Lit Daily Looking to the Past
The High Art of Keeping Big Law Worker Bees Pleased (Or at Least Pleased Enough Not to Leave)
Trending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250