Patrick Hindert flamed me in a blog post on April 16, 2007, just prior to the NSSTA Annual Meeting. I kept my response measured as my readers know, but on further analysis I feel it important to speak up.
On the morning of the first general session of the meeting, I approached Patrick Hindert with an extended hand. He admitted to me that he was overly harsh in his post, in which he questioned my values and stated that "During the 30 years (Patrick Hindert) has studied and worked in the structured settlement industry, I am by far the most negative, pernicious and destructive person (for structured settlements and NSSTA)" that Patrick Hindert "has ever encountered". Patrick Hindert's characterization, which remains posted on his web log, "Beyond Structured Settlements", implies that I'm worse than "rebating", "factoring" and even "James Gibson", Download james_gibson_appeal_decision.pdf "). On further reflection, Patrick Hindert's characterization speaks volumes about Patrick Hindert's business values.
He told me that his "powder keg" exploded when I went after his pal Denham Grey in one of my posts. He understands that there's nothing personal against his pal Denham Grey. We mutually agreed (as I asserted in my post citing Grey) that Denham Grey needs to stay away from making random, seemingly "authoritative comments" about a subject matter or industry in which he has no bona fides and/or real involvement.
Patrick Hindert went on to tell me that he felt that I am one of the smartest guys in the structured settlement industry today. Despite Hindert's ramblings my readers should also know that, for the second year running, I was one of four members recognized by the NSSTA for outstanding leadership and service to the National Structured Settlement Trade Association and in the industry it represents.
While I don't feel the need to defend my credentials within the structured settlement industry or to my clients, the fact remains that the Patrick Hindert post is indexed on the Internet. Today, his comments appear in the 4th and 5th positions on Google search results for my name. Patrick Hindert's broad over the top statement falsely implies that I am someone more destructive "to structured settlements and the NSSTA", an industry, where I earn a living, than someone convicted of misappropriating client trust funds and convicted of multiple counts of mail fraud as well as conspiracy and money laundering, who was cited has having made a credible threat to kill a judge, and sentenced to 40 years in jail. Patrick Hindert made a very serious assertion that went waaaaaay beyond "I think you're wrong" or "I disagree with you on this". Even if it could be construed as one man's opinion, Patrick Hindert offers no evidence to back it up and this is where his very serious problem lies.
The book Structured Settlements and Periodic Payment Judgments, (which Patrick Hindert co-authors) at Chapter 3 Secton 3.08(3)) discusses the James Gibson matter. Patrick Hindert therefore had to be aware of the James Gibson matter when he authored and published his comments. Yet he made them anyway, framed in multiple absolutes, and qualified them with his credibility as an author, in an apparent attempt to inflict the maximum damage to my professional reputation. This was not only irresponsible but it was also a very serious error in judgment.
"During the 30 years (Patrick Hindert) has studied and worked in the structured settlement industry", as evidenced by the content of the above text,this author's personal knowledge of Hindert's attendance at industry meetings, and serving on the NSSTA legal committee, this author believes that Patrick Hindert is likely aware of many more things that are "by far" worse than my warranted criticism of random comments of feigned structured settlement expertise by his pal Denham Grey. As an author of one of the seminal industry texts purchased by many lawyers, who read his blog, he must also be aware of his responsibility, his potential exposure, and in the end, perhaps… the possible consequences to him of his error in judgment.
Should you have the mistaken impression that I can't take it like I dish it out, remember that unlike Patrick Hindert did here, I tend to support my comments and opinions with evidence.
Whether I am damaged by Patrick Hindert's comments and their implication remains to be seen. In the meantime a public apology and clarification is clearly warranted.
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