CONTRIBUTORS
Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs,
Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law.
"Sound Policy" is Denise's show at
IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at
dhowell@gmail.com.
Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read
blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his
gmail address.
Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at
tmighell@swbell.net.
Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded
The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at
marty@schwimmerlegal.com.
Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog
Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally,
to seek enlightenment. Email Ernest at
esvenson@gmail.com.
Denise Howell
Dennis M. Kennedy
Tom Mighell
Marty Schwimmer
Ernest Svenson
1. Lawgirl on August 4, 2005 6:49 PM writes...
You asked: how would you explain to a Man from Mars (or economist, or management consultant or client or professional responsiblity organization) why a rational person brings a 'sure loser' to trial?
1. No incentive to settle because the deal offered by the other side is worse than the worst you think you will do at trial. Maybe you will lose, but you will likely do better than whatever the settlement offer is.
2. Client is wrong on the law, but right on some principle that is important to him/her.
3. Client is pissed off, has gobs of money to spend and would rather spend it on your legal fees (even if it results in an adverse judgment) than on a settlement.
4. Insurance company is willing to pay?
Permalink to Comment2. M. Sean Fosmire on August 4, 2005 6:51 PM writes...
On the plaintiff's side, a strategy of some law firms is to regularly try the losers because once or twice in every ten they will win the case.
On the defendant's side, it is regularly the case that we will try a case that we expect to lose becauase we think that it is worth a lot less than the plaintiff's attorney does. If we are right, we can count it as a "win".
Permalink to Comment3. Michael Froomkin on August 4, 2005 9:33 PM writes...
A game-theorist (a type of economist) could be persuaded by the following tale:
"Because the client has a no-settlement policy, and believes that litigating some dogs has a valuable in terrorem effect in the long term."
The reality, more likely, assuming ethical counsel, is that the client wants to fight it and that the case is better than frivolous although not one you would expect to win.
Permalink to Comment4. That Lawyer Dude on August 7, 2005 12:49 AM writes...
When I first started out I used to look at trying the losers as a graduate degree in trial law. I could litigate all I wanted but with the loser I'd send out my discovery and do my depo and get it on the calendar as soon as possible. In the criminal sphere I would do the same thing.My overhead was low and after a while, I became better at it and even started occasionally winning the bad case. Alas then they too started settling. I still look for cases that are tough to win once in a while. If for no other reason than to get up at bat once in a while. Money isn't (or shouldn't be) everything.
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