Re: copyright of briefs

John Lederer <johnl[_at_]ibm.net> wrote:
>
> On 10/18/96, Bruce Hayden <bhayden[_at_]copatlaw.com> said:
> >
> > Sure it does. Should I be able to copy portions of your brief so that
> > I can save time and make myself look better to my client?
>
> If you paid me for copying my brief would I produce more? Would I
> produce better briefs? If so, then have I not violated my client's
> trust.

This was not aimed as a ethics point (unless of course the copier were so crass as to charge for the copied work), but rather as a comment on the fair use argument, i.e. commercial use is made of the copied work.  

> I suggest that good briefs (and bad briefs<g>) will be produced in
> about the same volume and about the same quality whether there is
> reward for them or not.

Ethically, the copier of course cannot charge for the copied work. However, if your copied elequence makes me look better to my client and to the judge, shouldn't you be the one benefitting, and not I?

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1996 Bruce E. Hayden, All Rights Reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
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Bruce E. Hayden                                  bhayden[_at_]acm.org
Austin, Texas                                    bhayden[_at_]copatlaw.com