Domains & UDRP: Lawyers should use the tools of the trade

Professionals of every trade should utilize the best tools to deliver services to clients. In the case of a law firm, using information databases such as LexisNexis is a given, as they are an indispensable tool that does require paid subscriptions.

Not every law firm is willing to fork out money for such tools, apparently.

Popular and knowledgeable IP attorney, John Berryhill, pointed out that in an ongoing UDRP case, the Complainant’s attorney delivered their late response to the Panel with a note: Having to use and pay for tools for the voluminous data research was only available via expensive subscriptions.

Assuming that one of the tools in question is DomainTools, Mr. Berryhill put a note on record, requiring that such a belated submission also includes his client’s supplemental response.

Said Mr. Berryhill:

“In the event the Panel admits a further filing by the Complainant, the Respondent requests a deadline to rebut such a filing. Lawyers have a duty of competence. In specialized fields, that duty extends to obtaining the commercial tools needed to exercise competence – even “expensive subscription services” to which lawyers, including small solo practices, in various specialties regularly subscribe.”

Very well said, John!

Imagine if professional designers  seeking to deliver quality artwork to clients, complained about the ongoing cost of industry-standard tools, such as Adobe Photoshop or Illustrator!

After all, the cost of using such industry tools for creation or research can be a valid business expense, as it would be in the case of the law firm.

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