It is an interesting theory, but not at all clear that a lawyer has a copyrightable interest in their briefs. Indeed, the better argument is that ethically and otherwise, it is the property of the client. A stronger case for asserting copyrightable interests is perhaps in the creation of legal forms.
http://blogs.wsj.com/law/2012/02/22/keep-your-hands-off-my-briefs-lawyers-sue-westlaw-lexis/
Thursday, February 23, 2012
Lawyers Sue Westlaw and Lexis for Copyright Infringement of Case briefs


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