Legal Writing

The Kenyon Challenge

Most large law firms don’t have editors on staff, even though those firms function as publishers. I find that odd.

Let’s review some of one large firm’s publications to make the point — if you function as a publisher, get an editor. (Likewise, if you’re an editor and you’re confronted with a significant legal matter, get an attorney.)

Kenyon & Kenyon is a large law firm that claims it’s “equipped with the most preeminent intellectual property litigation group in the country.”

Here’s a portion of the firm’s home page:

Now, if you click the first entry (The Evolution of the Patent Reform Movement) under IP topics, the following is displayed:

And if you click Download article here, the article is downloaded as a PDF file.

Here’s the top of it:

This is interesting: the PDF version of the article doesn’t indicate who wrote it, who published it, when or where it was published.

A good editor would catch that.

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Let’s consider a few other things a skilled and experienced editor would catch.

The firm has an E-commerce and Information Technology practice.

Here’s the start of how the firm describes that practice:

Internet and information technology has affected the daily lives of all of us.  Whether a young start-up company with nothing but an idea or an established multinational powerhouse, each new innovation brings with it tremendous potential rewards, but also hides risks for the unwary. 

A good editor would fix that, as well as things like this:

The firm brings together a wealth of relevant technical and legal experienced attorneys to partner with our clients and steer them safely through this relatively new minefield.

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Let’s consider one more thing, and this is something that an editor wouldn’t touch. It’s a license to use Kenyon’s Web site. Here’s the top of it:

I’m no attorney, but I know about the fair use doctrine:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

OK, Kenyon. You claim to have “the most preeminent intellectual property litigation group in the country.”

Let’s see you enforce the license to use your Web site.

Full post as published by Set in Style on July 21, 2009 (boomark / email).