Pam writes:
>Copyright infringement is something that some of us
>have already encountered and is something that more
>are likely to see in the future. Would it be practical
>for a group to pool resources and retain an attorney
>to handle these events? I know that I can't afford
>the fees myself but have had the need in the past
>and wished that some legal resources were available.
This has been brought up before on other lists (and from other groups of
people). Here are some thoughts:
I have started to offer retainer services in response to my clients (some
only potential clients) complaints regarding the costs of attorneys.
Basically, it works like this: The client pays a set fee every quarter (paid
monthly) for us to set aside time for them. If at the end of the quarter the
time is not used up, then we keep the retainer. If the client uses more
time, it is billed at normal rates.
Our retainer fees are 1/2 that of normal fees. (For example, $200 for two
hour per month, time spent on the client's behalf in excess of two hours is
billed at $200 per hour, my regular fee. The other partners in our firm are
billed at $250 per hour; Associates at $175.) This works for some clients,
not for others. The key here is that we don't want clients to feel that they
cannot call, so we adopted this plan.
To do this for a group of clients is dangerous. One obvious reason is that a
few people will hog the time. Another reason is that, with respect to
clients in different states, unless the attorney can practice in all the
states in which the members of the group reside, the attorney can't help. To
the extent that copyright is a federal question, this is not as hopeless as
it sounds, but in the event of litigation, local counsel may still be
required.
Still another reason is the cost. If ten "clients" want to pool resources to
retain an attorney for a block of time, what block of time do they think they
will need. If the group thinks it will need 10 hours a month and in fact the
group as a whole uses 20 hours one month, who pays the fees for the extra 10
hours ($2000), the group or the clients that took the extra time?
Consider also that "standard" agreements are not worth much. I have not yet
been able to draft a standard contract that another client can use and,
although there are contracts (web design and others) available on the net for
cheap (or free!) I would strongly caution you to avoid them. I can't begin
to tell you what kind of trouble you are getting yourself into. Everyone has
a different view of IP ownership, people charge differently, some hire
subcontractors (which requires another agreement) and some don't. And this
is just the contract!
A group of people may wish to form an organization and hire general counsel.
General counsel can then represent members on an individual basis, if needed.
This is common and usually works well.
I hope this helps a bit.
--
sjf
---
Scott J. Fine
Fine Hummel, P.C., Attorneys At Law
7 High Street, Huntington, New York 11743
Tel: 516.351.2100 Web: http://www.finehummel.com
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