Showing posts with label Professional Responsibility. Show all posts
Showing posts with label Professional Responsibility. Show all posts
Thursday, April 30, 2009
Excellent: Sue the Disciplinary Counsel for Whitewashing Cases
This system is unconstitutional because it violates the separation of powers. It is not humanly possible to self-regulate. I hope this brave lawyer prevails.
Monday, February 23, 2009
Will There Be an Increase in Lawyer Malpractice Claims?
I doubt this trend. It is nearly impossible to win a legal malpractice case. Say the odds of wining a single negligence trial is 50%. One must win two trials, show the usual elements of professional malpractice. Then prove that the original case would have been won, so the odds are 25%. If that takes place, the defendant will still claim the attorney judgment rule.
Now prove the ability to collect after winning both trials. Say, 50% again. So, the odds are 1 in 8 of winning, assuming strong evidence. The judge is a lawyer and is totally biased in favor of his campaign donors, mostly attorneys. So the 1 in 8 chance represents a marked overestimate of the chance of success, since sabotage of the plaintiff is ongoing the entire trial.
Sunday, May 4, 2008
Improper to Recuse Oneself as Judge Over Pay Dispute
I disagree. The judge's hostility toward the legislator may prejudice the trial of the client of the legislator.
Friday, April 11, 2008
Formula to Pass the MPRE
Here. The left side of the equation is always the distractor to snare the simp law student.
Thursday, January 31, 2008
Saturday, June 30, 2007
Lawyer Discipline Violates Separation of Powers
In most states, executive branch agencies license, investigate, and discipline the professions. A prosecutor investigates allegations. An administrative hearing follows, with rules of procedure ensues. An administrative law judge decides on the merit of discipline. The licensing board then takes action as they see fit. If the licensee, disagrees, he may take the licensing board to court for recourse. The rules of professional licensing are usually enumerated in a licensing act passed by the legislature of the state.
If a complainant gets no satisfaction from the licensing board, he has the option of filing a lawsuit in torts. A jury will then regulate the professional, based on the facts.
Not so for lawyers.
No executive branch. No legislature.
A supreme court writes the Rules of Conduct, a legislative act. It hires a prosecutor to investigate complaints. Prosecution is an executive function. This prosecutor rarely acts on public complaints against lawyers. He mostly acts on complaints from lawyer hierarchy members, such as judges. If this prosecutor finds enough to act further, he prosecutes the lawyer, before the supreme court, his own employer. If the prosecutor is an employee of the court, they have to face him every day. Defendants come and go. The prosecutor is prosecuting before his employer, the Supreme Court of the state.
If a complainant gets no satisfaction from the licensing board, he has the option of filing a lawsuit in torts. A jury will then regulate the professional, based on the facts.
Not so for lawyers.
No executive branch. No legislature.
A supreme court writes the Rules of Conduct, a legislative act. It hires a prosecutor to investigate complaints. Prosecution is an executive function. This prosecutor rarely acts on public complaints against lawyers. He mostly acts on complaints from lawyer hierarchy members, such as judges. If this prosecutor finds enough to act further, he prosecutes the lawyer, before the supreme court, his own employer. If the prosecutor is an employee of the court, they have to face him every day. Defendants come and go. The prosecutor is prosecuting before his employer, the Supreme Court of the state.
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