Patrick Hindert, author of a seminal structured settlement industry text, is running scared and he should be.
The following post script was added to his post which has be edited for what appears to be the third time.
"This post was originally published Sunday evening October 28, 2007. Additional edits were added Monday morning October 29, 2007. The original post appeared unedited for approximately eight hours Sunday night. S2KM's edits included changing S2KM’s interpretation of John Darer’s October 27, 2007 blog post titled “Nuts..Protein, Cholesterol, Fiber and Your Settlement Documents”. S2KM’s original post characterized John’s post as promoting and condoning current structured settlement business practices. S2KM’s edited post (above) substitutes the words “defense and explanation”. Both the original and final versions include links to John Darer’s blog post and recommend that readers of S2KM's blog review Mark Wahlstrom's original post as well as John Darer's post"
Patrick Hindert's "two left footed dance move" move adds credence to what I suspect he will have effectively admitted on November 1, 2007.
His first step is clearly to attempt to minimize the time line. Our evidence shows that he emailed the link to the post to someone in Arizona at 4pm Sunday. Even if we assume that that's 3 hours behind HIndert in Indiana, that's only 7pm Eastern. Prime time! As of 453am, when I read the post, it still had the defamatory language in it. He removed it at or around 458am on Monday October 29, 2007, a time marked by an email to Hindert confirming that I had seen the original post.
The tagline Patrick Hindert's Beyond Structured Settlements is "collaborative thinking and commentary about how the Internet impacts structured settlements, settlement planning and special needs planning". There is an substantial body of published evidence to show Patrick Hindert's considerable knowledge and understanding of the potential consequences of his actions. Patrick Hindert is likely "estopped" from ever claiming his ignorance about the potential impact of his original post. For example...do people subscribe to Patrick Hindert's feed or is the blog's feed sent to Technorati, Google , Ice Rocket etc? A feed takes the original post and blasts it to feed subscribers which could include search engines, including legal or blawg search engines. (Post Script : According to Blawgsearch the post was uploaded there at 211pm on October 28, 2007).
I learned today the identity of a third person who received Hindert's email linked to the "unedited" disparaging and defamatory posting in which he accused me specifically, and apparently without absolute proof, of "promoting , condoning and participating in the unauthorized practice of law". For him to now mischaracterize his own original post to his readers (that HE EMAILED TO 3 OR MORE PEOPLE) reveals a diabolical side to Patrick Hindert that needs revealing.
Patrick Hindert has until November 1, 2007 to provide absolute proof that at 4pm on Sunday October 28, 2007 he had absolute proof to back up his printed and distributed allegation or he will confirm that he is an out and out liar with NO PERSONAL and EDITORIAL CREDIBILITY.
With respect to the subject matter I at least have taken the postive step of speaking to the trade association and to suggest that a session on the topic be part of the January 2007 regional meeting.
One last observation on Patrick Hindert:
This man sits on the legal committee of the National Structured Settlement Trade Association and is a former association President. Where has his thumb been for the last 25 years? What role has Patrick Hindert played in creating standardized industry documents, including the settlement agreement and release and model qualified assignments, including the most recent updates to the qualified assignment agreements, the commentary accompanying those documents and the distribution of those documents to NSSTA members or SSP members, many of whom are non lawyers?