Law in the Internet Society

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ShawnFettyFirstPaper 12 - 14 Nov 2011 - Main.ShawnFetty
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2) Open-sourcing has no clear answer to the rigidity imposed by the practical realities of lawyering.

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<		As a matter of both law and professional ethics, once the lawyer-client relationship is formed, the lawyer must properly tend to the clients’ legal rights. This duty and the threat of malpractice lawsuits and professional reprimand help secure the lawyer’s responsible representation and responsiveness. Ultimately, someone has to appear in court, and that person’s reputation and license are on the line. This has two consequences.
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>		As a matter of both law and professional ethics, once the lawyer-client relationship is formed, the lawyer must properly tend to the clients’ legal rights. This duty and the threat of malpractice lawsuits and professional reprimand help secure the lawyer’s responsible representation and responsiveness. Ultimately, someone has to appear in court, and that person’s reputation and license are on the line. This has two consequences.
 First, it curbs the ambition of lawyers who would use open-sourcing to work justice. They can never take on a large project in the hopes that the Internet will pick up the slack. If the matter is too big for them to resolve on their own and open-sourcing fails them by operating too slowly or not at all, they will be disciplined. This is an ill-borne loss, and no one will risk it.

Revision 12r12 - 14 Nov 2011 - 18:08:29 - ShawnFetty
Revision 11r11 - 12 Nov 2011 - 17:12:19 - ShawnFetty
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