Date: Thu, 24 May 2001 23:08:23 -0400
Reply-To: "Horace K. Sawyer" <firestream@MINDSPRING.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: "Horace K. Sawyer" <firestream@MINDSPRING.COM>
Subject: Re: To the defense of VW and their lawyers
In-Reply-To: <006c01c0e4a6$a14dabe0$ea4f0441@bllvu1.wa.home.com>
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At 04:09 PM 5/24/01 -0700, Mark Sheflo wrote:
>Apologies to HKS and SS.
>
>This is all about laywers making work for themselves. The client (VW) wants
>a return on their investment. So we have the laywers providing a
>justification for their continued employment.
Don't apologize -- but open your mind. Surely all understand the basic
rules of the game: an attorney absolutely cannot under any state of
circumstances just start suing the *hail* out of people or companies or
taking action of any kind whatsoever WITHOUT A CLIENT ORDERING IT TO BE
DONE. First comes the client, then comes the legal action --not the other
way around. For a lawyer to bring a lawsuit WITHOUT CLIENT AUTHORIZATION
would be grounds for a lawsuit by the client against the attorney. And
he/she would get it in a heartbeat.
The reality is, Volkswagen Worldwide takes a very aggressive stance on
their trademarks, service marks, and symbols. They spend money to squash
out infringement. You will find many big players do. Many small players
too. Why? Its their property. They made it, they earned it, they keep it
up. Just like you would, they don't like use of their property without
their authorization or control. Just try inventing your mark, watch it
become successful, and then watch others steal it. YOU would be mad as
*hail.* And rightfully so.
It does not have a damn thing to do with lawyers wanting to make
money! That is demonstrated above. VW calls the shots, folks. Yes,
lawyers want to make money -- so how that does fit into this picture? VW
has in-house counsel out the wazoo, who monitor the fees, who arrange for
the legal work they can't do themselves, hire local counsel in various
jurisdictions to pursue the "serious" violators, etc. VW is a money-making
enterprise and has the power to pretty much pick and choose whatever
lawyers it wants, and pay whatever price they want 99% of the time. That
is the reality. Do you have any earthly idea how prestigious it is to a
law firm to represent a huge company that VW? Law firms practically pay
the client sometimes instead of the other way around. Its good for
business. No, its GREAT for business.
Lawyers billing fees needlessly or without authorization, are not likely to
happen in this scenario. Here's why. Big corporate clients today are
savvy, legal street-wise, and know the value of having an legal insider
look over the shoulder of the other attorneys. Insurance companies have
become masters at this. How do I know? I do some of this. Lawyers doing
things to create work --just to "churn" transactions like the stockbroker
who constantly trades in order to make his commission on each trade -- at
least in the realm of big corporations, is just not happening. We would
refuse to pay legal bills for unnecessary or unauthorized work. And they
would likely remain unpaid. No law firm wants that kind of bad publicity
from a dispute with a major corporate client.
Is VW "right" or "wrong" in its policies about trademarks, etc? I don't
know, and you don't. And guess what -- you're not going to know; not
unless you happen to find yourself sitting on the Board of Directors of
Volkswagen in an executive session (behind closed doors) meeting discussing
the merits of the subject. We here on the outside only know their (VW's)
past acts in order to try to get a feel for their forward direction. We
know they are extremely aggressive, and they are willing to pay money to
pursue their aggressive stance, so there is most likely a pretty damn good
financial reason for VW doing so. Enough reason to justify paying lawyers.
So it is clear the infringement enforcement lawyers have nothing to do with
corporate policy-making in this instance. A decision was made to be
aggressive, and the lawyers are the ONLY means of enforcement. Do I need
to say more??
HK
"The defense is ready to proceed, Your Excellency."
"Uhh, <bowing> I mean -- Your Highness . . . Your Imminency . . .
Your Greatness, Your Lordship, Your Worship.
Your Honor."
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