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

[Jeff Williams <jwkckid1@ix.netcom.com>]

John and all assembly members,

  You are absolutely right here John!  It's amazing that the International
council for ICANN would do such a thing.  Just appalling!  She should
be fired on the spot!

John Berryhill Ph.D. J.D. wrote:

> > "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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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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