Many thanks to Steve Nipper, that "rethink (ip)" today, blog sends a link to article Joseph Hosteny recent "corner of Litigators" in the August 2005 issue today of intellectual property. Thank you also Mr. Hosteny perhaps give some truths unpleasant about what is happening in large law firms.
In case that someone wondered why patent litigation is so expensive, Mr. Hosteny offers some truthful and fun ideas. Chuckle because I know too well the games that are played, having once been a large firm lawyer myself.
Large companies love (always and when the client is loaded) patent cases because they are a license to print money. Opportunities for shenanigans procedures are nearly limitless with Markman, branch of damages, review requests and all audiences. And of course, is absolutely critical to ensure that you get all 50 identical copies of the same document in accordance with the request, not only the actually provided 49. (You never know when might be a crucial admission in the margin of the copy of lack pencils.) Make sure that there are a lot of overlap and that it might be difficult for lay people to see what these efforts have to do with anything important, but hey, what is money in a time like this?
What I have always enjoyed about contingent work is lawyering in the purest form - not to do anything to advance your case with realism. Critics accuse contingente-tasa increase legal defence lawyers, but I have never seen is how the case – even when he was on the other side and billing for hours. (Otherwise, and more than once, I thought I really owed to my opponents of contingent fees at least one case of wine or Scotch whisky have helped to hit me my hours for the year - and then some.)
The truth is, today, with advanced technology, legal fees should be going down, not up. Most courts allow lawyers out-of-town appearing by telephone for audiences of routine. Statements can be made on the video to avoid travel time and minimize spending. PACER and other online resources make it easy to access reports well documented and memoranda on issues that arise again and again. Still other services online to spending and a legal library loading based on role obsolete too. Finally, is that law firms will jump to the most expensive downtown buildings available really necessary? (Is, if that is actually selling the signature is safe CYA to nervous in-house counsel will have a lot of explaining to do if a case goes to the South.)
The big problem for new quotas for attorneys fees is know that battles are, and what not, worth fighting. Takes a bit of nerves and confidence so don't miss the time and effort in battles of discovery or procedural that really does not influence the outcome of a case.
Mr. Hosteny article is a good education for those entering only the field of the tariff quotas. Efficiency and economy are vital. Also it is educational for those who may be at the receiving end of enormous legal bills and we wonder how happen, assuming that you care them.
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