An Internet Law Lawyer Needs to Understand How the Internet Works

You can hire an attorney who's a general practitioner, or you can hire the lawyer down the block, the lawyer that you've used for different things and real estate matters, or perhaps to draft some contracts.  But here's what they are missing, if they don't understand the back end technology of the internet and how the online world works. 

Welcome to Internet Law Radio where we discuss the hottest topics in Internet law.  If you are facing an Internet law issue, cyber law complaint, web site or e-commerce issue, we have an Internet lawyer ready to help. 

Welcome to Internet Law Radio.  My name is Internet Law Attorney Enrico Schaffer.  Today we're talking about something that is near, dear to my heart, as an internet law lawyer. And that is a look at what makes an internet lawyer special.  What is internet law?  Why do I need an attorney who specializes in internet law?  It's a question that we hear all the time. And the answer is quite simple.  You can hire an attorney who's a general practitioner, or you can hire the lawyer down the block, the lawyer that you've used for different things and real estate matters, or perhaps to draft some contracts.  But here's what they are missing, if they don't understand the back end technology of the internet and how the online world works.

This huge thing that is the internet is a massive, a massive amount of information in order to assimilate.  Understanding how websites work, how web hosting companies work, how website registrars work, how the registries of the domain names system works, understanding the back end systems of the DNS world, are all really important things if you're doing a contract, or have an online issue, you've got an e-commerce issue that you're trying to deal with.  Why?  Because, how can you, for instance, as a lawyer, draft a contract and anticipate the potential problems that might  occur if it's a technology contract, or a software contract that's being drafted?  If it's going to have to do with some sort of website application, or the sale of an e-commerce portal on the internet, then what you really need as the client, is a lawyer who's been there, seen that, and done that. 

Because a good contract is going to anticipate the problems, the real world problems, that you are going to face.  And the only way that you are going to get, as the client, the expertise and experience that you need, when it comes to issues that arise on the internet or on the online world, is if you have a lawyer who understands how all these things fit together, how things typically works, how terms of service might provide you leverage. What websites engage in certain practices and policies that might be helpful for you, how do you identify an anonymous person on the internet, what kinds of contract provisions you need in order to protect yourself online. Whether or not state courts will enforce a terms of service or privacy agreement, if drafter in a particular way what form, what technology is the best technology to use for a click-wrap agreement. How do e-commerce portals work and what kinds of privacy expectations do consumers have, if you are taking money online

These and a variety of other  issues are critically important.  And so yes, you want to get a lawyer who understands how to draft a contract.  But if you really want to get someone who's going to be able to deliver value, you're going to want internet law attorneys who have been there and done that.  It is that critical experience of been there, done that, that is going to get you great value, as a client. I also want to talk a little bit about something that very few internet law attorneys do. Which is to try bill you on some sort of shared risk, flat fee, defined deliverable basis.  One thing that we do in our internet law practice is we try and define the project on the front end.  Not that much different if you were building a technology application or software application. Where it's like, here's what the customer wants, and what is it going to cost?  We will tell you, what it's going to cost, and what we are going to deliver upfront. My name is internet law lawyer Enrico Schaffer, and we'll see you next time.

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