Westlaw provides services not available from the books, including
unpublished opinions, updates on whether the cases are good law, and
powerful search engines that sort through thousands of opinions.
It generally is cheaper to use Westlaw at a high rate (e.g. $50-$100 an hour for the database) than to pay an attorney's rate to go to the library and perform the same research in a slower and less comprehensive way.
Assuming that the attorney uses the database appropriately and charges appropriately (I pass on the rate that Westlaw charges me, without markup), complaining about Westlaw is penny wise and dollar foolish.
Mike
Michael Schechter
Schechter Law Office
2970 Minnehaha Curve
Wayzata, Minnesota 55391
direct: 952.210.3506
fax: 952.938.6642
e-mail: <mailto:schechterlaw[_at_]earthlink.net> schechterlaw[_at_]earthlink.net
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-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Grierson, Kevin
Sent: Tuesday, February 22, 2005 4:01 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Subject: [CNI-(C)] Re: Fraud
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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Willcox & Savage P.C. Received on Wed Feb 23 2005 - 23:00:00 GMT
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