# Gary Fong helps Wedding Photographer in law suit threat



## Omni Images (Dec 11, 2014)

What a great story.
http://petapixel.com/2014/12/09/gary-fong-account-ridiculous-300000-lawsuit-threat-nelson-tang/
Though I am not a wedding photographer it shows what sort of stress can be involved in this sort of work.
Hat's off to you guys and of course Gary Fong.
Nice to see community in this digital day and age to rally behind someone being bullied, whether it's in the school yard or out in the commercial world.
I prefer to wander the bush on my own minding my own business, a little less stress.


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## TeT (Dec 11, 2014)

Nice to hear when ppl in position to do such actually care enough to do so in those situations ....

thumbs up to Fong


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## bsb03 (Dec 11, 2014)

Man, what a great read! Thanks for posting this up here!


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## Mt Spokane Photography (Dec 11, 2014)

Great Story.


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## LetTheRightLensIn (Dec 11, 2014)

Wow what a hideous person. I'm really glad that Fong helped the poor photographer out against that creep.


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## Mitch.Conner (Dec 11, 2014)

LetTheRightLensIn said:


> Wow what a hideous person.



Now he's going to sue you for defamation. Watch. ;D


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## Cosmicbug (Dec 11, 2014)

Justice served


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## Click (Dec 11, 2014)

Great Story. Thanks for sharing.


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## benperrin (Dec 11, 2014)

Well done to Gary Fong and everyone that helped. It has got to be a fear that many wedding photographers have that something like this will happen. Would have like to have seen the images though.


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## dcm (Dec 11, 2014)

From the article - "_When it came time to the formality of writing up a contract, the groom (a lawyer) kept making changes after changes, with more and more verbose demonstrations of his command of legalese with every revision.

Finally, his contract had become so one-sided and confusing that Nelson wouldn’t sign it. For the event, he charged a mere $3,800 not including airfare or hotel. As he and the bride were friends, he just went with a verbal, but not written contract. There wasn’t enough time to argue forever over it._"

The outcome was pretty predictable. I have walked/run away from these types of situations in my real life (non-photo) job on multiple occasions. I had a good lawyer tell me that the contract is what you do when everything else goes wrong - its the worst case scenario and you should always strive to do better. And the problem wasn't just with the lawyers. If you cannot agree on a contract, price, or simple terms & conditions, the rest will often go worse. People like this don't understand your value so these jobs never end well. 

I did have a client I walked away from come back and agree to my terms. I was a referral with glowing recommendations. He balked at the price and didn't think I could help. A year later we contracted up to 5 days, I finished in 3. I was the most expensive consultant he had ever hired and he said it was the best money he ever spent. He was also [email protected]#$% upset that I didn't convince him to do it a year earlier. He estimated his losses at hundreds of times what I cost him and a year or more delay in the market. I told him I did everything I could to convince him and asked him what would have convinced him the first time. He thought I should have offered to work for free and let him pay me what he thought it was worth afterwards. He really wasn't ready for help at the time. 

Moral: know your value and walk away when the client doesn't see it.


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## mkabi (Dec 11, 2014)

Mt Spokane Photography said:


> Great Story.



+1 & Great Lesson.
Back out when there are too many changes in contract that you can't understand.
Not worth the hassle. And, if there is a lawyer, have a tape recorder on hand to record every verbal contract.


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## Old Sarge (Dec 11, 2014)

This was a real bad situation. One that occurred because the photographer was friends with one of the parties. And demonstrates, from the other side, why I rarely hire friends, particularly for work around my home. I have tried to use people I knew, usually from my church, and rarely had good results. Now I usually hire strangers recommended by friends and have much better results.


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## westr70 (Dec 12, 2014)

Awesome!


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## SPL (Dec 12, 2014)

Great story, we need more Gary Fongs in the world!


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## Terry Rogers (Dec 12, 2014)

The outcome of this story put a smile on my face and made me very happy. Thank you for posting it.


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## distant.star (Dec 12, 2014)

.
It's never enough for jerks like that.

What he really needs is some CIA style enhanced interrogation.

I feel bad for his wife -- she's got a tough life ahead with that kind of creep.


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## Mitch.Conner (Dec 12, 2014)

mkabi said:


> Mt Spokane Photography said:
> 
> 
> > Great Story.
> ...



Be aware that in many states, both parties MUST consent to an audio recording of a conversation. Failure to do so in a number of states that I've checked the law on, constitutes a felony crime (honestly, that surprised me that it's a felony rather than a misdemeanor). SOME states are 1-party states, where as long as one party consents (usually the party that is recording), it's legal. That is not the norm though. So, if you do record verbal contracts, do so with the consent of whomever you are recording to be safe.

Furthermore, verbal contracts may NOT be valid in cases like this where the dollar amount exceeds $500 - this is due to a common law provision called the statute of frauds. In some states this is strictly for goods though, whereas others apply it to goods and services, so it depends upon where you live.

The attorney claimed (from what I read) that verbal contracts are valid and enforceable in Washington state. That is true - although it's true in all states in some sens, the statute of frauds defines the limits of what can be agreed upon in a verbal contract. However, I checked, and the $500 provision does not apply in Washington state. It does have a provision for contracts that cannot be completed within one year of forming them - and that is another common feature of the statute of frauds (ie: so if the verbal contract was made a year and a day before the wedding, it would have theoretically been void). However, their version of the statute of frauds is more forgiving and allows much more to be agreed upon verbally.

I just thought I'd point this out in case it helps anybody. If I'm wrong and somebody catches a mistake - feel free to call me out on it.

Disclaimer: I am not providing legal advice here. Everything I've said is worth exactly as much as you paid for it. $0.00... nothing... zilch. Please do not rely upon anything that I've said as being legal advice.


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## surapon (Dec 12, 2014)

Omni Images said:


> What a great story.
> http://petapixel.com/2014/12/09/gary-fong-account-ridiculous-300000-lawsuit-threat-nelson-tang/
> Though I am not a wedding photographer it shows what sort of stress can be involved in this sort of work.
> Hat's off to you guys and of course Gary Fong.
> ...




Thousand Thanks , Dear Friend Mr. Omni Images.
Great story that all of us/ Photographers must learn from this story.
Yes, The Real Professional Photographers must be careful about his/ her professional .
Thanks again.
Surapon


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## Bennymiata (Dec 12, 2014)

I'm definitely going to buy one of Gary Fong's flash accessory kits on the weekend.
Wanted one for ages, but after reading the story, I'll put up with the whining from my wife.


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## RustyTheGeek (Dec 12, 2014)

All I can say is WOW! 

(And as I say often, "No good deed goes unpunished!")

Glad it turned out so well, Bravo! Mr. Fong!


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## LetTheRightLensIn (Dec 12, 2014)

Mitch.Conner said:


> LetTheRightLensIn said:
> 
> 
> > Wow what a hideous person.
> ...



:'(


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## scottkinfw (Dec 12, 2014)

Great for you Gary Fong, great for wedding photographers.

As a doctor, I can tell you that we face this every day. Privacy laws tie our hands on defense in some cases. They can drag on for 5-7 years. Even after a win, we lose.

I'm glad that the attorney got a taste of his own "medicine". Sadly, there are too many of them out there that need a bit of a cure.

sek


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## Gino (Dec 12, 2014)

Great work, Gary Fong!!!


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## lay85 (Dec 12, 2014)

I'm going through a very similar situation right now; I have a high end stock photo site when we were contacted by someone to purchase some images. They refused to pay but took the photos and started using them, they then refused to remove them. After sending them an invoice they eventually removed the photos but we pursued the invoice and eventually launched legal action.
This person had a friend who was a lawyer which then started the avalanche of paperwork and court appearances. I contacted our state law society who advised me the lawyer wasn't licensed, he was banned from the court, is facing disciplinary action and criminal charges.


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## AcutancePhotography (Dec 12, 2014)

Since the Bar found that the attorney acted inapproprately, can the photographer sue the attorney for the legal and other expenses he incured due to the attorney's misconduct?


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## lay85 (Dec 12, 2014)

I think you'd need a criminal conviction against the lawyer first before any chance of seeking reimbursement through the court.


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## Don Haines (Dec 12, 2014)

reminds me of the definition of waste.... a bus of lawyers going off of a cliff with an empty seat....

and the difference between a dead skunk on the road and a dead lawyer on the road...... there are skid marks before the skunk....


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## DominoDude (Dec 13, 2014)

Don Haines said:


> reminds me of the definition of waste.... a bus of lawyers going off of a cliff with an empty seat....
> 
> and the difference between a dead skunk on the road and a dead lawyer on the road...... there are skid marks before the skunk....



*shakes fist at Don* Now look at me and my coffee-stained keyboard & monitor.
Reminder to self: Don't drink and laugh.


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## Click (Dec 13, 2014)

Don Haines said:


> reminds me of the definition of waste.... a bus of lawyers going off of a cliff with an empty seat....
> 
> and the difference between a dead skunk on the road and a dead lawyer on the road...... there are skid marks before the skunk....



Ha Ha Ha ;D


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## Joe M (Dec 13, 2014)

I remember reading about this when it first reared it's ugly head. I didn't think it would end up settled, let alone the way it did. Nice job Gary.


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## JennyGW (Jan 2, 2015)

+1 good stuff


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