Re: Web Sweep

On 98-07-27, Alfred C. Yen <yen[_at_]bc.edu> wrote:
>
> First, I agree that a lawyer is required to zealously represent his or
> her client, but only "within the bounds of the law" (I think this is
> the language used in one of the DRs). Thus once again, a key factor in
> how to proceed is whether there is a "good faith" belief that fair use
> doesn't apply, even if the probabilities are less that 50/50. If there
> is a "good faith" belief, then there's no dilemma. Just send the
> letter. If there isn't such a belief, then I don't think it's right to
> send a letter claiming that the recipient of the letter is committing
> infringement. Difficult as it is, I believe lawyers should sometimes
> say that they won't do things, even if the client desires it, because
> it's unethical.

Professor Yen,

I'm so glad you said this, and I hope it isn't an unusual point of view. I grew up thinking of an attorney as a nice old gentleman who was scrupulously ethical and probably a friend of one's family. What I've seen since is shocking, and no recourse really. The key instances are those in which the attorney's behavior puts the profession in a bad light, but isn't serious enough to expect the Association of the Bar to take action.

I wish the Bar Association would provide a facility for permitting the public to file a second level of complaint that doesn't request action against a specific attorney, but simply requests tabulation. I've seen examples of, say, an attorney who appears to be deliberately lying to the court in filed papers. Does this happen in only one case out of 100? Or is it 90 cases out of 100? I'd like to be able to deposit the relevant papers with the Bar Association, on the theory that if they were able to eventually find out how common this kind of behavior is, they'd know whether and where they needed to tighten up their rules.

The frightening thing is not that I've seen some pretty unethical behavior by a few lawyers in a few low-level cases, but that their behavior doesn't seem much different from what one sees in some of the famous cases widely reviewed in the media. It would be a great load off my mind if I could believe, again, that most in the profession would agree with what you say above.

I'm still thinking about the Bleistein case.

Pat Sloane
<patsloane[_at_]aol.com> Received on Mon Jul 27 1998 - 14:44:20 GMT