Date: Mon, 24 Feb 1992 16:47:38 -0500
From: Mike Godwin <mnemonic@EFF.ORG>
Subject: File 3--Response to Craig Neidorf's Legal Expenditures

In article <1992Feb21.083926.16788@chinacat.unicom.com> Keith Moore
writes:

>I have read repeated pleas on various networked discussion groups for
>readers to help defray Craig's legal expenses.  While I sympathize
>with his position and am in fact willing to help, I'm sure many of the
>readers would like to know what all of that money was spent for.  I
>want to help Craig, but I don't like the idea of giving over money to
>lawyers.  The high price of legal help is arguably as much of the
>problem as the reckless disregard for law and due process demonstrated
>by the government.

Most of the cost of Craig's defense is attributed to preparation for
trial. This means researching the law relevant to the charges,
understanding the evidence, and finding out what the government's
witnesses are likely to say as well as preparing your own witnesses.

I cannot dispute that legal help is costly. But it seems to me that a
failure to help Craig because legal help is costly promotes any
lowering of the cost of legal help. It does, however, increase the
personal burden on Craig.

It is a fact that when one sets out to fight the federal government in
court, legal expenses tend to skyrocket. But this is not Craig's
fault.

>Also, why are we asked to send money directly to the law firm that
>defended Craig, and not to Craig himself?

Because that's where the money is owed. If the money were solicited
for Craig himself, countless net.critics would be calling it a scam on
Craig's part, and they'd be demanding guarantees that the money go to
his legal bills. One of the things that becomes apparent when you
spend enough time on the Net is that some people will be critical of
you no matter what you do.

>Perhaps the computer underground, realizing how
>much we are at the mercy of both lawyers and the government, would
>find it in its interest to act to curtail their powers.

It is certainly in everybody's interest to lower the cost of legal
representation. It is unclear to me how failing to help Craig Neidorf
does this. Do you really suppose that defense lawyers will watch Craig
go bankrupt and conclude "Ah, well, guess we set our fees too high"?
Isn't it asking a lot of Craig that he go bankrupt in order to
articulate your criticism of the legal system?

I believe there are plenty of reasons to be critical of the system,
but it seems heartless to me to ask Craig to bear the burden while we
sit back and pontificate about it. That's why I contributed money to
Craig's legal expenses, and I hope you do too.

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