Finding a lawyer at a decent price.

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InklingBooks
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Wed Dec 28, 2011 4:46 pm Post

There are any number of reasons why an author might need legal help. A publisher might not be paying you royalties. Someone with deep pockets may be suing you for copyright infringement when you think what you've done is fair use. And a new one: someone may have OCRed your book and is selling a cheap Amazon ebook version under their own title and name.

You need a lawyer, but how can you afford one? The market price for intellectual property lawyers in Seattle where I live is about $300 an hour. Even a simple dispute can run into thousands of dollars.

I know. I fought the Tolkien estate in federal court over my Lord of the Rings chronology, Untangling Tolkien. I've had some legal training and have a knack for intellectual property law, so I did most of my own defense--not generally a good idea. I used lawyers little and late, but my legal expenses still ran to about $4,000. And fortunately I won, with the estate bailing out rather than face an embarrassing defeat at the summary judgment stage and the judge dismissing their lawsuit "with prejudice."

My reasoning throughout had been that even if I spent three times as much as an experienced lawyer might coming up with sound arguments, I'd still come out ahead: $300/3 being $100/hour. But most people don't have my knack for legal arguments. What can they do?

One thing they might consider is a website weirdly named Shpoonkle:

http://www.shpoonkle.com/

The site exploits the fact that, with the down economy in the U.S., a lot of lawyers are desperate for work and some are probably saying: "better $50/hour than nothing." The site vets lawyers at least at the level or having no professional actions against them. Then it allows you to post your case and have them bid for your services. Given my attitude toward lawyers, having them pursue my business sounds good.

I'd suggest reading the links to articles about the website in the press, forming your own opinion about it, and perhaps bookmarking it for when you might need it.

My suggestions, based on more experience in a legal dispute than I wish I had, are these.

    All lawyers aren't equal. Some are extremely capable and others are losers. Take care who you hire and drop them if they don't meet expectations.

    Lawyers vary in how aggressive they are. If you've got a tough case against a tough opponent, you'll need one with guts. If you're more likely to mediate and settle out of court, find one who's a good negotiator. The website apparently include a category that lets you hire a mediator/arbitrator and, in the right situations, a good one can work wonders, saving a lot of money.

    In some cases, the evidence is so overwhelmingly in your favor, that any legal dispute is unlikely. Stolen ebooks sold on Amazon is a good example. You might take care of that yourself, but sometimes it may be worth the expense of having a lawyer write the letter to make the pressure a bit greater. In those cases, hire the cheapest lawyer you can find, as long as he can write a decent letter.

    Don't be afraid to take a young lawyer just out of law school if he/she seems smart and motivated. In those cases, however, you might want to work out a deal where you don't pay them (or pay them much) for research that a more experienced lawyer wouldn't need to do.

A major disclaimer: I've not used Shpoonkle myself and have the good fortune not to need their services at the present time, so I can't speak from any experience with them. That said, the real issue probably isn't the quality of the service they provide, but the varying abilities of the lawyers who may be interested in your case. Take care. There are new and good lawyers left out of work by the Great Recession, but there are also losers out there that can do you more harm than good.

If you've got experience with lawyers as a writer, feel free to post them and any advice you might have here.

--Michael W. Perry, Seattle

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kewms
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Wed Dec 28, 2011 5:26 pm Post

I'd strongly suggest that anyone who wants to make money as a writer educate themselves on the basics of contract and copyright law. While that kind of knowledge won't replace a lawyer, it will help you decide what you can handle yourself and when it's time to call a pro. It could also keep you from creating a legal mess for yourself that would then be very expensive to get out of.

(It's amazing how many otherwise intelligent people are ignorant of such basics as, no, you can't just copy stuff of the Internet.)

While you're at it, learn a bit about tax law as it relates to self-employment income. It's very useful to know the extent to which research trips and other expenses are deductible.

Katherine
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matt26

Tue Aug 13, 2019 4:51 am Post

Hello,

Could you please give me the answer to my question? I read your whole article but the thing which I was not understood. You want a decent lawyer & I'm giving you suggestion yesterday but when I see today the post is deleted. Why does this happen? If I'm not giving you the right suggestion you can reply to me for that. I think you just want for advertising purpose. :evil:
Thanks ...

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lunk
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Tue Aug 13, 2019 5:46 am Post

matt26 wrote:Could you please give me the answer to my question?

Why are you answering an almost eight year old thread, and this being your first post in the forum? :shock:
I am a user, writing non-fiction and science, using:
* Mac Scrivener 3 on a Macbook 12”, MacBook Pro 13”, and iMac 27”, all running Mojave.
* iOS Scrivener 1 on an iPhone 11 Pro, iPad Air 9.7”, and iPad Pro 12.9”, all running the latest iOS

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AmberV
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Tue Aug 13, 2019 7:36 am Post

I read your whole article but the thing which I was not understood.


Smells like bot spirit.
.:.
Ioa Petra'ka
“Whole sight, or all the rest is desolation.” —John Fowles

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lunk
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Tue Aug 13, 2019 8:08 am Post

To sort of highlight an 8 year old thread?
I am a user, writing non-fiction and science, using:
* Mac Scrivener 3 on a Macbook 12”, MacBook Pro 13”, and iMac 27”, all running Mojave.
* iOS Scrivener 1 on an iPhone 11 Pro, iPad Air 9.7”, and iPad Pro 12.9”, all running the latest iOS

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Twolane
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Tue Aug 13, 2019 10:17 am Post

Maybe he just got out courtesy of his most recent misadventure. Or, perhaps, he acted as his own lawyer and went MIA for a number of years.

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Twolane
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Mon Aug 19, 2019 12:06 am Post

Oh come on, bob05. Try to stay on point, would you?