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Lawyers! Love 'Em, Right?


Lucky
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Posted

Many of us need lawyers from time to time, and I will grant that most are quite satisfied with the services. It's when lawyers gather in groups that they make more mischief, or the opposite, as this thread might demonstrate.

 

It seems that for the past nine years, a committee has been trying to re-do the rules of professional conduct a lawyer in California must observe. What do they come up with?

 

One example: California lawyers must not take "unconscionable" fees. The ABA presents a much tighter rule- no unreasonable fees. Who decides the right fees? Other lawyers, of course.

 

Another: A lawyer must not intentionally, recklessly, or repeatedly fail to perform legal services with competence. A few times? Well, okay. But not repeatedly.

 

Here's one: A lawyer serving as a third-party neutral must explain the difference between an advocate and a third-party neutral to someone unlikely to be aware of the situation. So, the next time you are shopping or bowling or whatever, expect a lawyer serving as a third-party neutral to explain that difference to you.

 

What didn't the committee accomplish? Proposed rules dealing with sex with clients was referred back to committee. For nine more years, no doubt. Proposed rules on reporting the egregious behavior of another attorney- tabled for further discussion.

 

"All California lawyers owe a debt of gratitude to the Rules Commission for its years of hard work," says the chair of the Discipline Committee.

I'll bet they do.

Posted
Many of us need lawyers from time to time, and I will grant that most are quite satisfied with the services. It's when lawyers gather in groups that they make more mischief, or the opposite, as this thread might demonstrate.

 

It seems that for the past nine years, a committee has been trying to re-do the rules of professional conduct a lawyer in California must observe. What do they come up with?

 

One example: California lawyers must not take "unconscionable" fees. The ABA presents a much tighter rule- no unreasonable fees. Who decides the right fees? Other lawyers, of course.

 

Another: A lawyer must not intentionally, recklessly, or repeatedly fail to perform legal services with competence. A few times? Well, okay. But not repeatedly.

 

Here's one: A lawyer serving as a third-party neutral must explain the difference between an advocate and a third-party neutral to someone unlikely to be aware of the situation. So, the next time you are shopping or bowling or whatever, expect a lawyer serving as a third-party neutral to explain that difference to you.

 

What didn't the committee accomplish? Proposed rules dealing with sex with clients was referred back to committee. For nine more years, no doubt. Proposed rules on reporting the egregious behavior of another attorney- tabled for further discussion.

 

"All California lawyers owe a debt of gratitude to the Rules Commission for its years of hard work," says the chair of the Discipline Committee.

I'll bet they do.

 

Same with doctors. They police their own profession which is why so few have been disciplined. I have served on lawyers committees several times and have always left in disgust as I watched my fellow attorneys come close to covering up incompetent behavior. Sickening.

 

The recent behavior of the lawyer in the Astor case is a perfect example.

Guest DuchessIvanaKizznhugg
Posted

How so?

 

The recent behavior of the lawyer in the Astor case is a perfect example.

 

Can you elaborate?

Merci

Posted
Can you elaborate?

Merci[/color][/size][/font]

 

It's been covered to death in the Times and in several books. I thought everyone knew the story. Francis Morrissey. He was convicted along with Tony Marshall for swindling Tony Marshall's 100 year old mother, Brooke Astor, out of money and other things.

 

Morrissey, as has been documented, did it before and the lawyers committee at the time disciplined him but refused to suspend his license. So he got to do it all over again.

 

Disgusting. I was the sole vote on the committee to take away his law license. I never served on another one again. It's not worth the crap you get from your colleagues to do the right thing.

Guest zipperzone
Posted
It's been covered to death in the Times and in several books. I thought everyone knew the story. Francis Morrissey. He was convicted along with Tony Marshall for swindling Tony Marshall's 100 year old mother, Brooke Astor, out of money and other things.

 

A couple of recent issues of Vanity Fair covered the case in detain - recommended reading.

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