E. Finding a Lawyer

If you become involved in a domain name dispute, are having trouble getting your mark registered or simply want some advice from a professional, you may want to consult a lawyer—but not just any lawyer. Start by understanding that if you have read substantial portions of this book you already know more about domain names and trademarks than most lawyers do. This puts you in the difficult position of finding someone who knows more than you do and yet is willing to acknowledge your considerable competence. We know of no sure-fire way to find such a rare creature, but here are what we think are some good suggestions.
1. Finding a Competent Lawyer
Trademark lawyers (including those who specialize in domain name issues) usually advertise in the Yellow Pages and legal journals as intellectual property specialists, able to handle patent, trademark, copyright and trade secret cases. State and local bar associations may also keep rosters of intellectual property attorneys. Such ads and listings can be misleading because most intellectual property law specialists tend to be very knowledgeable in one or two areas of intellectual property, and only passingly familiar with the others. You want a lawyer who really knows trademark law as it pertains to domain names, not just someone willing to brush up on the subject at your expense. So when you call on the intellectual property specialist, ask these questions:
•Do you have experience with domain name disputes? If so, what types of disputes have you been involved in? Any experience with domain name litigation (taking a case to court) or NSI or ICANN dispute procedures?
•What percentage of your practice involves domain name disputes?
•How many trademark applications have you filed with the PTO to register domain names?
•Are you a member of the International Trademark Association or the American Intellectual Property Law Association?The first three questions will help you find a true specialist in this area, while the fourth will help you find a lawyer who is involved enough with trademark issues to join an association of trademark specialists.
2. Finding a Respectful Lawyer
In addition to satisfying yourself that a lawyer is competent, you want to find someone who is reasonably congenial to work with. You don't need us to tell you that many lawyers tend to look down on laypersons when it comes to the lawyer's area of expertise. This means that many of the lawyers you initially encounter are likely to be turned off by your knowledge. Fortunately, however, some lawyers respect their clients' knowledge and know how to work with it rather than against it. You can find a lawyer who isn't intimidated by a competent client if you: •explain over the phone that you have been using this book
•articulate exactly what you want the lawyer to do; and
•carefully monitor the lawyer's reaction.
If the lawyer scoffs at the idea of a self-help law book or you get a whiff of, "Don't tell me what you need, I'm the lawyer," go on to the next name on the list. If the response appears to respect your efforts to educate yourself and admits to the possibility that you are a competent human being, make an appointment.
3. Finding an Honest and Conscientious Lawyer
If you are just seeking advice, then you needn't worry much about the lawyer's character. But if you are looking for someone to represent you, the human being you are dealing with becomes paramount. The best analytical trademark lawyer in the world can bring you to financial and emotional ruin, if he or she lacks the ability to understand your needs and to represent you with your best interests in mind.
a. Honesty
A lawyer's financial interest—to run up lots of billable hours over a period of time—is the opposite of yours, which is to arrive at a fast, cost-efficient and reasonably livable resolution of the problem.Once you understand this, you'll also understand that it is essential that you and your lawyer agree up front about what the lawyer is to do and the amount of control you are to have over the lawyer's activities. Rule One is that the lawyer is working for you, not vice versa. Rule Two is that you have a right to understand the reason for every minute of the lawyer's time that will be billed to you. To make sure you're at least informed about the lawyer's activities and how much you're being charged for them, always ask for a signed agreement between you and your lawyer setting out the lawyer's fees and stating that the lawyer will send you an itemized bill each month. An honest fee agreement will also list all costs that you will be charged for—faxes, photocopies, courier fees and overnight mail fees, for example.
b. Conscientiousness
Your lawyer must be willing to agree to consult you regularly on all phases of the case and to promptly return your phone calls. Although nothing leads to a ruinous relationship faster than bad communication, too few lawyers keep their clients well-posted. Lawyers faced with complaints about their lousy client contact habits often reply that many clients call too often or expect too much. But since the client is paying for the lawyer's time, this seems like a pretty weak excuse. Your lawyer must also be willing to follow through on your case to its completion. He or she must be ready to stay involved and on top of your case no matter how rocky it gets. For example, if a settlement is expected at the outset, but the case ends up going to court, your lawyer must be willing to go the distance with you and not back out at the last minute. This one is tricky to monitor, because it involves predicting the future. However, as long as good communication is established at the outset, there's an improved chance that your lawyer will give you reliable service.