How do you find a lawyer who is able to answer software development questions?

Question

Many answers to questions on stackoverflow about issues related to contracts, copyright, patents, licensing, advise the questioner to consult a lawyer.

This sounds like good advice, but I believe the advice would be a lot more useful if there was more detail to the 'ask a lawyer' answer.

Where can I find a list of lawyers that are experts in software development issues? How do I select a good lawyer? What should I know before talking to a lawyer? How can I test if the lawyer is giving me good advice? Should I get a second opinion on issues I believe are important? What else?

Answer 1

Contact your state's bar association and ask. They can answer basic questions, get you pointed in the right direction and suggest lawyers who specialize in what you need. Most lawyers will give you an initial consult for a very small fee.

http://www.google.com/search?q=bar+association+by+state

Answer 2

Lawyers.com

Answer 3

The fact that so few lawyers are a good match actually simplifies things.

Most lawyers that deal with these topics are going to be patent lawyers (though in my experience, many patent lawyers don't understand technology) and there aren't that many to go around. The larger firms usually have someone that works directly with IT companies.

Another option is to search the US patent database for patent applications that deal with software and are filed in the same jurisdiction you live in (though many companies file in other states). The filing lawyer is always listed on the application.

Answer 4

Ask other developers in your area for a referral. Nothing like the recommendation of someone who's been there for choosing good counsel.

Answer 5

In Australia at least we have the Australian Computer Society: http://www.acs.org.au/

There're Legal consultants in the Consultants Directory, but the more important thing is the local community who can offer recommendations and advice specific to your city/state/country.

There's probably a similar, local society in most parts of the world whose members can help each other with these matters.

Answer 6

If you're located in the US and develop FOSS, there's the Software Freedom Law Center They provide the following services:

• Licensing
• License Defense and Litigation Support
• Trademark Counseling
• Patent Defense
• Non-profit Organizational Assistance
• Public Education, Legal Consulting and Lawyer Training

Even if you don't do open source development, this site still provides a bunch of useful resources such as topical legal analysis (covers copyright and patents) and a podcast.

Update I noticed this article posted on Groklaw that also deals with selecting a lawyer for software licensing, etc. http://practical-tech.com/development/finding-the-right-open-source-savvy-lawyer/

Answer 7

It looks like you're in Washington state. Hendricks and Lewis sponsors the IP Law Chat, and are based out of Seattle. IP and Contracts are two of their practice areas. Also, check out this list of IP related links from University of Washington.

Answer 8

Also try: http://www.mytechnologylawyer.com/

Answer 9

I recommend looking for a lawyer who has experience beyond just intellectual property (many patent lawyers are primarily litigators – lawyers whose primary activity is working on lawsuits). Instead, seek transactional lawyers whose main job is helping people and companies in all aspects of their business transactions. Best would be a lawyer who is a transactional lawyer with a focus on software business. (Key disclosure: I’ve just described myself.) Two organizations that might help you find such a lawyer are the International Technology Law Association and the Cyberspace Law Committee of the ABA Business Law Section. (Key disclosure: I’m a member of both.) Those organizations would might not be adequately budget conscious to be of help to a start-up company or individual developer, but if you’re in an established company they could help get you to the right lawyer. For folks with a smaller budget, I suggest seeing if you can find leads from other start up companies, or maybe from professors teaching courses related to entrepreneurship at a local university. Good luck!

Answer 10

Are you sure a "software" lawyer is what you need? I have done quite a bit of work with protecting my software, but what I have found is that specialists on Intellectual Property (IP) and business contracts are really what keeps things official. Hope this helps.

In Washington state, swing a cat, you'll hit a few....

Answer 11

It's a good question, but not easy to answer. The sad truth is that there are a lot of mediocre attorneys out there, especially when it comes to software and IP law. The best help I can offer is not a name, but a few pieces of hard won advice (translation: I paid lot (in time and money) to learn them.)

1. You must learn to be personally fully conversant with each and every term and clause in your contracts. If you don't know what something means, keep plugging away until you do.
2. Learn to read a contract for what is not in it that should be.
3. Cheap attorneys are, in the long run, the most expensive. If you followed item #1, then you can go to the best (often the most expensive) and have them tell you what is wrong/missing from it. It may actually be cheaper to go well-prepared to an expensive attorney because you are not asking them (or their not-cheap paralegals) to just type up some boiler plate, you are asking them to apply their expertise to your contract.
4. Don't do business with a anyone with whom you wouldn't deal with without a contract, and then get a contract with everyone else. Contracts are for when people are no longer friends.

Of course, I'll admit I got lucky -- my VP had been a paralegal for 14 years for Larry Sonsini of Wilson Sonsini Goodrich & Rosati in Palo Alto. She pounded it in to my head that contracts really mattered and I had better spend as much effort understanding them as I did coding the software I was trying to protect with them.

Answer 12

Where can I find a list of lawyers that are experts in software development issues?

Contact your local bar association. Generally, lawyers in the community for committees based on their areas of practice. They do this in order to keep current with the rapidly changing contract/patent/copyright laws. You want a lawyer that is local (in your jurisdiction) and knowledgeable with the local Federal and State Courts.

How do I select a good lawyer?

Find one that you get along with and feel comfortable with. They should be knowledgeable, but what is more important is that they have the ability to adapt to new technology and have a willingness to understand.

They should also be experienced - more often and not, you'll be dealing with a law firm with a wide variety of resources, practitioners and personnel instead of a sole lawyer.

What should I know before talking to a lawyer?

Have specific questions available, but don't be afraid to ask questions from the lawyer when you don't understand. Generally you will have a good feeling when you're stumbling upon a legal question - it is best to ask these before you proceed. Also know that their time is very valuable, so do as much research as you can before talking to them.

How can I test if the lawyer is giving me good advice?

One way, and the most expensive, is to get a second opinion from another lawyer. Personally, I wouldn't mind if my clients wanted to do this, but some lawyers may take offense. Another way, which seems easy enough, is to ask them why they think what they are giving is good advice. A "because I went to law school and worked for 'n' years" is a great indicator of bad advice. Ask for cases, statutes and examples that you can research on your own.

Should I get a second opinion on issues I believe are important?

Maybe. I wish there was a better answer than that. It goes case by case. Lawyers will give you a response on an issue in a range. Very rarely will they say that something is 100% right or wrong - if it were that easy you wouldn't be asking. For instance they would rather judge things on a "most likely", "more likely", "not likely" scale - but remember this - there advice must be the best they can possibly give, if not you could always claim malpractice later on.

What else?

There are plenty of these legal questions on stack overflow and it can be frustrating to see them get tossed aside. Like it or not, the law is very relevant to software and technology. Although it might be true that the posters are mostly programmers and engineers, there are a few lawyers on here (myself included) that do know a bit about what we're talking about.

Answer 13

This is not really the general answer this question is asking for, but for those that are in the London (UK) area I would recommend Waterfront Partnership solicitors. I have used them in the past and found them quite clued up on the issues faced by software developers. They are happy to serve one man bands and larger organisations alike.

Answer 14

Part I: Sarcasm

Don't hire a lawyer until you you need one; they're expensive. Many are happy to charge you $500 for a letter explaining that the sun rises in the east.

This may be a good investment if:

1. you are being taken to court by a neighbour for blocking his sun because you are standing on his shadow (a metaphor for frivolous, ridiculous, finger-pointing lawsuits, a definite risk in the USA)

2. you are very stupid, missing the obvious, or in denial, and you believe the authority and wisdom that a lawyer brings to bear will convince you, or someone else, that stupid is bad/good (pick either). Rinse and repeat.

I would recommend a really good lawyer to you, but it's like God, there is no evidence that he really exists. Hiring a lawyer is a very religious experience, you must have faith.

Part II: From the Heart

It is best to try and get by in life using lawyers as little as possible. You generally know when you will need one. Sometimes there is no warning, but in most situations there are subtle signs or smells that it may be necessary. Be proactive, keep a journal. Verbal agreements will stand in court if there is reasonable proof they were made.

To find a lawyer that will suit your needs, first become a acquainted with the law as it applies to your particular situation. There are lots of great resources on the net and especially at the law library at your local university or college. You can narrow the search down pretty quick. You may not find the answer, but you are guaranteed to come up with some pretty good questions.

When you have some good questions, then you are ready to interview some lawyers. That's right, interview. Go to the first consultation like a good lawyer would go to trial. Ask a question to which you already have the answer (as much as is possible) and see how the lawyer answers. Don't be completely surprised that you more about a point of law then they do. On to the next interview.

Most respectable lawyers will give a first consultation for free. Go in person, refuse to do this over the phone. This may be a life long relationship that you establish here and it is important that trust and respect flows in both directions. It should not be necessary to hand over any retainer to establish this relationship, only after it is established because it will be worth it.

I have walked down this road a few times in my life and it can be tough. Once a lawyer of choice was too busy to take my case, but he told me exactly what I needed to know to win the case (when I represented myself in court) within 10 minutes of our first meeting. Another lawyer, who was impressed by my audacity in winning a motion to have the company CEO appear at trial, pulled me aside after court was dismissed and said "I don't know who you are and don't want to know, but you just made a tactical blunder even though it seems a victory." He explained why in two minutes and we parted company. I never did get his name.

So the best advice I have received from any lawyers, in my experience, has been free. And my decision to represent myself in court only came after my disappointment in failing to find another lawyer that I trusted enough to represent me properly. It was a wise decision in the end, though I would not recommend it be taken lightly.

Sorry to be long winded, but this is a programmer website and I believe most here, if they ever need a lawyer, will need help in getting something that was promised as a reward and is now being served as a layoff.

Good programmers often put themselves out of work if they do an exceptional job. There must always be new projects. And therein lies the rub. Sometimes there isn't. And that's when it can get ugly.

Companies must be held to the same standards of account for the promises they make to their employees as they make with their customers. Unpaid overtime is as unacceptable as slavery and a promise is a promise, no matter what form it takes. We need to develop a culture and collective awareness of what we expect if the best is expected of us.

Go looking good lawyer when necessary. It will probably be necessary, so prepare yourself with that in mind.

BTW, I am glad there are some lawyers amongst our membership and that one of them has given a thoughtful response. This is my counterpoint.

-Always looking for an honest man
-IANAL and proud of it