I don't know that there is such a duty. Even if there were, the argument would be (and often is) that Westlaw provides rapid, reliable access to information, and that it therefore represents the most efficient, if not the least costly, way to provide a client with legal research.
The issue is probably raised not as a question of fiduciary duty, but in the context of a client balking at paying for particular charges that appear to be excessive. The market has a lot of power in determining what lawyers do and don't charge for.
kwg
Kevin W. Grierson, Esq.
Registered Patent Attorney
Intellectual Property Group
Willcox & Savage, P.C.
One Commercial Place, Ste. 1800
Norfolk, Virginia 23510
kgrierson[_at_]wilsav.com
ph: 757/628-5603 fx: 757/628-5566
www.willcoxsavage.com
-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Agenbroad, James (Civ,ARL/CISD)
Sent: Tuesday, February 22, 2005 4:45 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Re: Fraud
Which brings up a (noncopyright) question. Do lawyers have any kind of fiduciary obligation to their clients? Or can they always buy from the most expensive source when spending money on a client's behalf?
-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property
[mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Keith Taber
Sent: Friday, February 18, 2005 7:20 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Re: Fraud
Clarification: I don't work for a firm anymore.
I would like to see a client bring a fraud claim though, it would really disrupt WL's business model.
Keith
> Keith wrote:
> >While there are many who gripe about WL fees, you
> will
> >not find many attorneys going out of their way to
> >avoid these fees. The reason is that most firms
> >negotiate annual rates or reduced fees with WL and
> >Lexis and then charge their clients the published
> >rates. Therefore, the more outrageous the published
> >rates the better it is for large firms.
>
> This is called fraud. It's why large law firms are
> bad for lawyers and the
> public.
> If you say it's just doing business, I say your
> license to practice should
> be revoked.
>
> Nick Zales
> Zales Law Office
> Milwaukee, WI
>
>
>
>
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