Monthly Archive for August, 2007

National Public Radio Attacks Lawyers and the Legal Profession

From Online Guide to Mediation

American lawyers by now may be inured to media attacks on the legal profession. We expect it from Fox News. But this week lawyers drew fire from an unexpected source: a National Public Radio broadcast.

On Point, a week-day radio news magazine produced by NPR member station WBUR in Boston, broadcast a show this week titled “Verdict on American Lawyers“. From the show’s description:

America’s legal profession is based on ideals: on standards of education and admission to the practice, ethics regulation, a disregard for commercialism and on working on behalf of the public good. The legal system is rooted in the belief that all should have access to justice. But Yale Law Professor and legal historian, [sic] says it’s not so. The profession is hardly professional anymore. He says lawyers today are out for their own economic self-interest…

Instead of providing what could have been a rich discussion about the present and future of the legal profession, with points and counterpoints from a spectrum of voices, On Point succeeded in reinforcing for its listeners virtually every negative stereotype that exists about American lawyers today. It perpetuated the myth that all lawyers work for large firms on behalf of shady corporate interests and are members of an Ivy-educated elite motivated solely by self-interest and greed.

The show’s greatest defect was its failure to accurately and fully depict today’s legal profession in all its diversity. This one-sided portrayal of a legal profession in moral decline ignored the numerous efforts that have contributed to the improvement of law and the institutions that serve it. And it disregarded the movements within the profession that seek to deliver justice better and provide effective mechanisms for the resolution of disputes.

There are plenty of attorneys today who are trailblazers, breaking new ground through movements like collaborative law and restorative justice. These attorneys are bold architects of new ways of serving the public and justice better.

And how can a show that purported to examine the legal profession and access to justice fail to discuss one of the most important revolutions in the courts and in the practice of law: the widespread availability and institutionalization of alternative dispute resolution?

As an attorney who no longer practices traditional law but has spent the past decade as a mediator helping people resolve disputes both within and outside of the legal system, I have many colleagues in the bar who are committed to these kind of innovations in the practice of law and the resolution of disputes. Many are outspoken advocates of these new ways of thinking and work to transform and reinvigorate the practice of law.

Many of them strive to illuminate for the legal profession as well as the public the art and creativity within the practice of law and to help attorneys reclaim the dignity and meaning in what is still an honorable profession.

You may hear “Verdict on American Lawyers” in a number of formats at the On Point web site and judge for yourself.

Homeowner’s Association & Property Manager Gets Sued Because of Unlicensed Contractor

From May it Please the Court

What happens when you hire an unlicensed contractor who gets hurt on the job?  You get to pay for injuries to the contractor’s employees.  Essentially, you become the insurance company.

Take the case of Freddy Aguilera, who was hired at $65.00 per day to install rain gutters.  Unfortunately, one of the gutters held by Mr. Aguilera came in contact with a high voltage line while he was on a ladder.  Not surprising, Mr. Aguilera fell from the ladder to the ground and was injured.

Here’s where it gets a bit tricky.

Mr. Aguilera was employed by Mark Hruby doing business as Rube’s Rain Gutter Service.  Rube’s was in turn hired by Pegasus Properties, a condominium manager for Montana Villas Homeowners Association.  The HOA elected to install the much-needed rain gutters recommended by Pegasus, and instructed Pegasus to get the job done.

Unfortunately for Pegasus and the HOA, Rube’s did not carry worker’s compensation insurance, and was not licensed by the California State Contractor’s License Board.  So, when Mr. Aguilera sued Rube’s for his injuries, he also sued Pegasus and the HOA.

In this court opinion, the court reasoned that Mr. Aguilera was employed not only by Rube’s, but for the purposes of the lacking worker’s compensation insurance, also by Pegasus and the Montana Villas Homeowners Association because Rube’s (the employer) was illegally uninsured.

Although the case doesn’t identify the cost of Mr. Aguilera’s injuries, it does note that the rain gutter contract was a mere $1050.00.

Constitutional Right to Get a Library Card in Another Community?

From LibraryLaw Blog

Peter Hirtle sent me this AP story by David Eggert about a Michigan case that will be heard this week by the Michigan Supreme Court.  Do Michiganders have a constitutional right, based on the Michigan constitution (see below), to get a library card in a neighboring community?

Facts: A contract agreement between the city and library expired.  Nonresidents could no longer borrow library materials or have full access to online databases and other programs that were available to township residents.

Lower Courts:  The trial court ruled that the state constitution and statutes did not require the library to allow nonresidents to get cards. The Appellate court agreed, saying that the constitution,when read with consideration of drafters’ intent, did not mandate libraries to issue nonresident cards or offer all services to nonresidents.

Some more background here: Michigan Library Association

STATE CONSTITUTION

CONSTITUTION OF MICHIGAN OF 1963

Article VIII Education

§ 9 Public libraries, fines.

The legislature shall provide by law for the establishment and support of public libraries which shall be available to all residents of the state under regulations adopted by the governing bodies thereof. All fines assessed and collected in the several counties, townships and cities for any breach of the penal laws shall be exclusively applied to the support of such public libraries, and county law libraries as provided by law.