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Journal of International Trade Law and Regulation: Lawyers on Lumber: Were They Worth It?

Washington, D.C., partner Elliot Feldman, leader of firm's International Trade practice, authored an article for Volume 14, Issue 5, of the Journal of International Trade Law and Regulation titled, "Lawyers on Lumber: Were They Worth It?" Baker Hostetler partner John Burke was a substantial contributor to the article.

According to Feldman, who was counsel to the Ontario Forest Industries Association, the Ontario Lumber Manufacturers Association, the Free Trade Lumber Council, Tembec and Gorman Bros., "Throughout the nearly three-decade Softwood Lumber dispute between Canada and the United States, Canadians have complained about lawyers and their fees."

Feldman continues: "[The] dispute has been the greatest of all trade disputes between Canada and the United States, by whatever measure: the scale of the trade by value, volume and number of workers affected; the duration of the dispute, its legal complexity and multiple forums; its political and diplomatic engagements; the number of actors; the number of lawyers; and the legal expense. There has long been speculation about the aggregate costs of legal representation in the Softwood Lumber wars. Likely, Canadian federal and provincial governments, and Canadian industry, spent collectively something more than $100 million in legal fees on the episode (known as Lumber IV) that began on April 2, 2001, before the Softwood Lumber Agreement was entered in October 2006. A lingering question is whether, as John Allan put it, it was worth it."

To read the full article (PDF), click here.