Re: [ga] eresolution realizes fairness doesn't pay under udrp

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

> "It is but an open secret that lawyers advising their clients in domain
name
> cases have no scruples about quoting the figures and saying that the odds
> are better with a given provider."

I don't understand that quote at all.  Why is it unscrupulous for a lawyer to
provide statistical information to her client?

What is the "scrupulous" lawyer to do when choosing a dispute resolution
provider for a client desiring to file a UDRP complaint?  Roll dice?  Pick
eRes because they are "better"?

And if the lawyer knows that NAF has a higher complainant win rate than eRes,
that lawyer is "scrupulous" if she witholds that information from her client?

It would be malpractie NOT to seek to obtain the most favorable outcome for
one's client.  Apparently, some former DRP's have no scruples when it comes
to ignoring one of a lawyer's primary ethical obligations.

You know what eRes' BIGGEST problem was?  They were so freaking proud of
their online system that they had zero appreciation for the fact that most
lawyers practice on paper, and don't feel like getting a username and
password for the privilege of submitting their work to a web form which is
going to screw up all of their text formatting.  Complainants were thus
forced to use an interface that they didn't like, and were uncomfortable
with.   The first time I submitted a response in an eRes dispute, I had
carefully converted the response and all exhibits into a single .pdf file for
convenient electronic submission only to find out that I could not submit
anything until the clerk felt like getting around to giving me a password -
maybe even before the deadline.  Only then did I find out that the clerk was
confused, and that they couldn't deal with a .pdf file.  If eRes had ANY
interest in a marketable service, they might have invested some effort into
finding out how lawyers would WANT to submit papers, rather than forcing
people with little time or interest into monkeying around with a bunch of web
forms - lawyers just don't practice that way.


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