Fees for Spam to Lawyer
am 20.10.2006 von German American Law Journal :: American Edition
CK - Washington. There is some debate in Germany whether lawyers may demand legal fees for the prosecution of their own claims. Generally, matters of minor significance which would ordinarily not require the engagement of an attorney do not trigger an award of legal fees. An October 16, 2006 decision by the Bautzen court examines these rules in the context of spam sent to a law firm.
In the matter 22 C 0492/05, EMail spam reached a law firm which sent a cease and desist demand to the spammer and requested the reimbursement of its statutory legal fees under traditional theories for damages to their business. The spammer refused to pay.
The Bautzen court explained that spam sent to a law firm is particularly damaging because lawyers, possibly more than others, must examine every mailed item. Simply clicking even a single EMail into the junk pile is fraught with risk.
Therefore, a single spam item may justify immediate defensive action by a lawyer. While drafting a cease and desist demand may not always be the most challenging task, researching the underlying facts--such …
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